The court's liberal justices wouldn't seem to be going anywhere during a Trump presidency if they can help it. Ginsburg, who at 85 is the court's oldest member, has already hired law clerks through June 2020, just four months before the next presidential election.
"I doubt there are more than a couple votes on the court" against ObamaCare in the latest case, he said.
To hear Republicans tell it, Brett Kavanaugh is a skilled and well-respected judge who reveres the Constitution. Special counsel Robert Mueller, of course, is now investigating potential collusion between Russian Federation and the Trump campaign during the 2016 election.
Nevertheless, Democrats warn that nothing is certain, and they point to remarks President TrumpDonald John TrumpEx-Russia ambassador: Trump has done more damage to North Atlantic Treaty Organisation in months than Russia has in decades Trump takes credit for increased defense spending by North Atlantic Treaty Organisation allies, but says "it isn't almost enough" Trump questions how Russia probe can "proceed" given Federal Bureau of Investigation agent's private comments MORE made on the campaign trailin 2015 about how he would want his judicial appointees to overturn ObamaCare. But their lines of attack have expanded.
Still, Democrats are pointing to that case as a red flag as Congress considers elevating Kavanaugh to the Supreme Court. Each comes from a state that went for Trump.
"For me it's a threshold qualifying question", said Sen.
Those arguments could energize Democratic voters before the midterm elections.
Now Democrats - who as the minority party have few options to block the Kavanaugh confirmation process - are desperate for their support once more as they weigh what many see as one of the most consequential decisions of Trump's presidency. OK, that gives Trump a total of one votes. Susan Collins (Maine) and Lisa Murkowski (Alaska) in an effort to overcome the GOP's slim Senate majority. "Anybody who follows this process - I've been on the judiciary committee for about 3 1/2 years now - we know that those are out of bounds for any nominee to answer". "But nevertheless it's an issue that I certainly will raise with him".
The second scenario is like the first, except with one or two Republicans opposing Kavanaugh, thereby putting Democratic senators in Republican states in the hot seat.
When he dissented from a DC Circuit decision last October preventing the Trump administration from blocking a teenage migrant in Texas from obtaining an abortion, Kavanaugh laced his opinion with broader thoughts.
At the announcement, Kavanaugh stood with his wife and two daughters and said he was "humbled" by the nomination. He proposed that Congress adopt legislation specifying that the president "is not subject to indictment or information under the laws of the United States while he serves as president".
"[Kavanaugh] has very strong views about a sitting president not being interfered with, with criminal charges or civil lawsuits".
"No investigation of a president!"
But Carrie Severino, chief counsel for Judicial Crisis Network, a conservative advocacy group, drew a different Nixon parallel, noting that of four justices appointed by Nixon, three - Warren E. Burger, Harry A. Blackmun and Lewis F. Powell Jr. - sat on US v. Nixon, the case in which the Supreme Court ordered Nixon to comply with a subpoena - and joined the unanimous decision against the president.