PRESIDENT TRUMP’S CHOICE FOR U.S. SUPREME COURT

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PRESIDENT TRUMP’S CHOICE FOR U.S. SUPREME COURT

PRESIDENT TRUMP’S CHOICE FOR U.S. SUPREME COURT

Who is Brett Kavanaugh?  He is President Donald Trump’s choice for the U.S. Supreme Court. Kavanaugh is a conservative jurist who has served on the U.S. Court of Appeals for the D.C. Circuit since 2006. He was a former clerk to the retiring Anthony Kennedy and former aide to President George W. Bush.  Judge Kavanaugh has a long history of legal opinions, as well as a role in some of the fiercest partisan battles of the last two decades and will give Democrats plenty of ammunition for tough questions in the months and days ahead as Kavanaugh’s nomination is considered by the Senate.

So, where does Kavanaugh stand on the big Roe v. Wadequestion? It’s not unreasonable to think that a 5-to-4 conservative court could chip away at abortion rights. He did, however, state in 2006 as he was being confirmed to the U.S. Court of Appeals for the D.C. Circuit, “If confirmed to the D.C. Circuit, I would follow Roe v. Wadefaithfully and fully. Another important question that will be raised includes Trump’s motivation, as Kavanaugh’s past comments on how a sitting president shouldn’t be distracted by investigations and lawsuits.  This goes back to Kavanaugh’s investigation of President Bill Clinton as part of independent counsel Kenneth W. Starr’s team, Kavanaugh wrote, the nation’s chief executive should be exempt from “time-consuming and distracting” lawsuits and investigations, which “would ill serve the public interest, especially in times of financial or national security crisis.”  You can bet Democrats will press Kavanaugh on whether he would recuse himself from any cases personally involving the man who appointed him.

Mr. Trump described Judge Kavanaugh as “one of the finest and sharpest legal minds in our time”.  Geoffrey R. Stone, Edward H. Levi distinguished professor of law at the University of Chicago, states, “the Court will be transformed into a blatantly partisan institution”. Eugene Kontorovich, professor at Northwestern University School of Law said, “He will likely work to reign in the vast power of federal agencies”. Richard A. Epstein, the Laurence A. Tisch Professor of Law, the New York University stated, “Their criticisms… are both generic and banal”. Bernie Sanders, Kirsten Gillibrand and Elizabeth Warren all object to the confirmation of Judge Kavanaugh. We should all look forward to a vigorous debate on these subjects during the confirmation hearings.