Wednesday, 18 July, 2018

Supreme Court nominee Brett Kavanaugh

Trump picks Kavanaugh for court setting up fight with Dems The Stare Decisis Court? - Volokh Conspiracy
Melinda Barton | 10 July, 2018, 17:12

"Beyond the procedure, beyond the gamesmanship, it is a life-and-death important decision to be made by this court on so many issues", the Senate minority whip said on NBC's "Meet the Press" Sunday.

Trump announced his choice with a prime-time address from the White House East Room. Unlike Forrest Gump, Judge Kavanaugh is regarded on all sides as one of the most brilliant jurists of his generation. "And just like Justice Gorsuch, he excelled as a clerk for Justice Kennedy". Kavanaugh was appointed to the U.S. Court of Appeals for the D.C. Circuit in May 2006. In 2003, he served as Assistant to the President as the White House Staff Secretary, according to SCOTUS Blog.

McConnell said Kavanaugh believes judges should ignore their personal and political views and simply "interpret our laws as they are written". His father, also a lawyer, was mentioned merely for inspiring the nominee's love of sports, which Kavanaugh says he has passed on to his young daughters, whose basketball teams he coaches. But Kavanaugh wrote in a 2016 opinion that it was "unconstitutionally structured" because it gave too much power to a "single, unaccountable, unchecked" director. Trump signed Kavanaugh's nomination papers Monday evening in the White House residence.

"My judicial philosophy is straightforward", he said. "A judge must interpret statutes as written and a judge must interpret the Constitution as written, informed by history and tradition and precedent". Keep reading below to learn more about Trump's pick! Kavanaugh noted that it was his mother-a former public school teacher who went to law school and became a judge-who inspired him to follow in her lawyering footsteps and will always be the only "Judge Kavanaugh" in his mind.

If confirmed, the appellate judge would become the second young conservative jurist Trump has put on the top USA court during his first term.

The president has already begun using the high court vacancy as a rallying cry as he campaigns for Republicans across the country.

"Justice Kennedy's retirement makes the issue of Senate control one of the vital issues of our time", he told an audience in Fargo, N.D., last month.

We are confident that the Senate will confirm Judge Kavanaugh, and we look forward to Judge Kavanaugh being seated in time for the start of the Supreme Court's new term in October.

Host Chuck Todd then brought up the dilemma faced by red-state Democrats.

Democrats have turned their attention to pressuring two Republicans, Sens. Joe Manchin of West Virginia, Joe Donnelly of IN and Heidi Heitkamp North Dakota. Trump could be betting that having Kavanaugh on the court could be a boon to him in the face of special counsel Robert Mueller's investigation of his activities. Susan Collins of ME and Lisa Murkowski of Alaska, to oppose any nominee who threatens Roe v. Wade.

Trump vowed during the campaign to appoint justices who would vote to overturn Roe, the 1973 ruling that legalised abortion nationwide, and his appointment to replace Kennedy could make that a reality. But with only 49 votes in the Senate, Democrats have few tools to work with. Previous year the president appointed Neil Gorsuch after the Senate refused to consider Barack Obama's nomination, Merrick Garland, to replace the late Antonin Scalia.

JCN played an active role in opposing the 2016 candidacy of Merrick Garland to the Supreme Court - a nomination that died during the final months of the Obama presidency - and supported the nomination and subsequent confirmation of Neil Gorsuch to the Supreme Court previous year. McConnell had said the victor of the presidential election should make the choice.

McConnell and Trump were rewarded this year with a string of 5-4 decisions in which Gorsuch cast votes favorable to the president and the GOP.

Senate Republicans' stonewalling strategy extended to lower courts as well.

In brief remarks, Kavanaugh, 53, described himself as "deeply honoured" and said: "Mr President, throughout this process I have witnessed your appreciation for the vital role of the American judiciary".