Brett Kavanaugh Supported Broad Leeway For Presidents In Lawsuits, Investigations

FILE Amy Coney Barrett               screen grab via C-SPAN

Republicans are eager to have a new justice in place when the Supreme Court begins its new term in October. Schumer asked what he personally thought about the ruling, but Kavanaugh said it wasn't "appropriate" to reveal his own opinion. "They have passed no such statute, and it is not reasonable to suggest that Kavanaugh as a judge would ignore that fact".

More recently, in a case involving a pregnant 17-year-old in immigration custody in Texas, Kavanaugh dissented from a court ruling that ordered the girl be released from detention to obtain an abortion.

"As a fair legal mind, defender of the Constitution, and a judge on the D.C. Circuit, Brett Kavanaugh is prepared for a seat on the Supreme Court", Byrne posted on Facebook and Twitter.

In a footnote, Kavanaugh wrote that the independent counsel statute, which was used by Kenneth Starr to investigate Clinton, "was a major mistake".

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

Michael McDaniel, a constitutional law professor at Western Michigan University's Cooley Law School, said Kavanaugh is a judge with significant experience in cases involving federal agencies and has a deep understanding of both the judicial and executive branch. Trump is announcing his pick to replace retiring Justice Anthony Kennedy on Monday night.

With the U.S. Supreme Court building in the background, Supreme Court nominee judge Brett Kavanaugh arrives prior to meeting with Senate Majority Leader Mitch McConnell on Capitol Hill in Washington, U.S., July 10, 2018.

Kavanaugh said the "radical" majority had essentially created a "constitutional principle as novel as it is wrong: a new right for unlawful immigrant minors in USA government detention to obtain immediate abortion on demand". John McCain can't vote.

Senate Judiciary Committee Chairman Chuck Grassley, whose panel will hold Kavanaugh's confirmation hearing and eventually vote on whether his nominee should be referred to the full Senate, said he expects the consideration process to be "thorough".

He says, "Because President Trump has said repeatedly that he would nominate judges to overturn the ACA, the Supreme Court vacancy is only further putting health care front and center, raising the stakes for maintaining these vital health care protections". And if Collins said "No thanks", then Democrats would have at least demonstrated to their pro-choice supporters that they are willing to sacrifice their partisan interests to principle in so important a matter.

At the same time, Republicans are urging a half dozen Democratic senators, largely those who are up for re-election in Trump-won states, to back the president's choice.

On the right, groups like the Judicial Crisis Network are spending millions in advertising, targeting red state Democrats up for reelection in November, as senior Senate Democrats called for battle. Issuing the invitations makes the lawmakers choose between humoring voters who think they should be bipartisan and others who feel they shouldn't condone Trump's pick.

And Senate Democratic Leader Chuck Schumer vowed to oppose President Donald Trump's nominee with 'everything I've got'. I will conduct a careful, thorough vetting of the president's nominee to the Supreme Court, as I have done with the five previous Supreme Court justices whom I have considered.

The anxiety over defections speaks to the narrowness of the Republican's majority in the Senate.

Gorsuch's nomination became possible because McConnell blocked Obama's nomination of Merrick Garland to fill a vacancy in 2016.

Kennedy cast the pivotal vote to uphold Roe in the 1992 Planned Parenthood v. Casey decision. Kavanaugh would be less receptive to abortion and gay rights than Kennedy was. It could also create a lasting majority.

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