If Trump challenges the constitutional order, will Kavanaugh defend it?

10 Juillet, 2018, 11:54 | Auteur: Anatole Charbonneau
  • President Donald Trump shakes hands with Judge Brett Kavanaugh his Supreme Court nominee in the East Room of the White House Monday

"Kavanaugh has proven to be a staunch conservative who has relied on originalism and textualism while serving on the US Court of Appeals for the District of Columbia Circuit".

By keeping Scalia's seat open, McConnell gave Trump a head start in putting his own stamp on the high court, and the president acknowledged as much when Gorsuch was sworn in past year.

"Just as they held the Merrick Garland seat open on the Supreme Court, they also held open an very bad lot of vacancies on the district courts and the courts of appeal", said Russell Wheeler, who tracks judicial nominations at the Brookings Institution.

Sen. Dick Durbin (D-Ill.) said red-state Democrats might be tempted to vote for Trump's nominee because the midterm elections are coming up-but they should prioritize stopping his nomination to the Supreme Court.

"The Constitution is created to secure the blessings of liberty", he said.

"Another conservative justice on the U.S. Supreme Court who honors the original intent of the Constitution will have a positive impact on our country for decades".

"Following the president's announcement, I will carefully review and consider the record and qualifications of Judge Brett Kavanaugh", Donnelly said. He also has taken an expansive view of executive power and has favoured limits on investigating the president.

"The Supreme Court is entrusted with the safeguard of the crown jewel of our republic, the Constitution of the United States", Trump said.

In October of past year, Kavanaugh was part of the D.C. Court of appeals that ultimately ruled on an immigrant girl's right to have an abortion while she was in US custody.

"Judge Kavanaugh has sterling academic credentials".

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"I will oppose Judge Kavanaugh's nomination with everything I have", Schumer's statement said, "and I hope a bipartisan majority will do the same".

Had Republicans not obstinately blocked Obama's own supreme court nominee, Merrick Garland, in 2016, the choice of Kavanaugh would be less consequential.

Kavanaugh then worked for Independent Counsel Ken Starr and ended up helping draft a report recommending President Bill Clinton for impeachment.

McConnell reportedly spoke often to Trump and White House general counsel Don McGahn throughout the selection process and was anxious about the vast number of documents Kavanaugh had amassed during his 12 years on the D.C. appeals court could prove problematic. The Judicial Crisis Network said Monday night it is launching "Confirm Kavanaugh" - a $1.4 million ad buy on national cable and digital platforms in Alabama as well as Indiana, North Dakota and West Virginia.

Ms Collins has said she will not vote for any candidate who threatens abortion rights.

Cornyn, the No. 2 Republican in the Senate, says it's "extremely disappointing" that some Democrats have made clear they'll oppose the nominee even before the president announces his choice. Just as I described another name on the final list, Judge Raymond Kethledge, as "Gorsuch 2.0", I think it is accurate to describe Judge Kavanaugh as "Roberts 2.0". Such questions, should they need to be settled, will challenge the legitimacy of the Court as a guardian of the constitutional order.

If confirmed, Kavanaugh would be be replacing his old boss; like Justice Gorsuch, Kavanaugh clerked for Justice Kennedy back in the day.

Meanwhile, liberal groups are already calling on two moderate Republican senators - Susan Collins of ME and Lisa Murkowski of Alaska - to reject the nominee. Marjorie Dannenfelser, the president of the conservative Susan B. Anthony List, told reporters on a press call that the nomination of a fifth conservative justice is the culmination of years of work getting Republicans elected to all branches of government.

Anti-abortion-rights activists do not disagree.

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