Thursday, 20 September, 2018

Brett Kavanaugh’s Confirmation Hearings Likely to Be Must-See TV

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Patty Aguilar | 12 July, 2018, 10:04

Troy Covington, counsel at the Bloom Parham firm in Atlanta and a legal expert with experience in Supreme Court issues, spoke to Business Insider on Tuesday about what Senators will likely focus on during Kavanaugh's confirmation process and the long-term influence Kavanaugh could exert on the court.

The ease of Supreme Court confirmations depends, in part, on electoral politics in the Senate. Neither side wants to risk a surprise in such a highly polarized political environment by picking a justice who turns out not to vote as expected. Orrin Hatch of Utah, Senate Majority Whip John Cornyn of Texas and Lindsey Graham of SC. "It wasn't that long ago when it was common for presidents to nominate judges with no prior federal court experience or judicial experience at all".

"I don't think that if he were to be confirmed, we would see large and sudden shifts in the way the court goes about its business", Covington said, adding that "It's relatively safe to assume that you would see some incremental movement to the right, simply because he will be more conservative, in some ways, that Justice Kennedy was". That changed when Thurgood Marshall joined the court. Reagan chose Scalia, Kennedy and Sandra Day O'Connor, the first woman on the court.

This issue may not get as much buzz as abortion or health care, but it's probably the one that's directly relevant to Trump.

But the court has moved in a different direction by other measures of diversity.

Kavanaugh said he has worked as a school tutor for struggling kids.

"John's not going to give up and he's not going to resign, and he's said wonderful, brilliant things about Judge Kavanaugh", former Arizona Gov. Jan Brewer told KTAR News 92.3 FM's Mac and Gaydos.

"And it should and must take place again now", Heitkamp said. Simultaneously, interest groups both for and against the nominee will be putting pressure on senators and trying to activate the public.

First, Democratic aides who are keen on blocking Kavanaugh's nomination believe they will find damaging information -- be it through some kind of role played in controversial Bush-era policies or programs or otherwise.

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And five justices, including the now-retiring Justice Anthony Kennedy, declared in 2008 that the Second Amendment protects an individual right to keep and bear arms.

While Kavanaugh wrote that legal action against a president should be deferred, he also noted there is no current law that requires that. The other three justices are Jewish.

Trump "did exactly what he said he would do on the campaign trail - nominate someone who will overturn women's reproductive rights", the NY senator said.

Federal law requires only broad ranges for disclosure forms, and such filings include assets for spouses, so it is hard to pinpoint an exact financial snapshot for an individual.

One possible explanation for the disappearance of geographical, academic and professional diversity is the people who are doing the screening.

Jonathan Turley is a George Washington University constitutional law professor.

Durbin also sits on the judiciary committee. "So top nominees are credentialed at a young age in the same way to get them on the list later", he said.

This scenario is bad for those vulnerable Senate Democrats, who must either vote against the nominee in states where voters are likely to view Kavanaugh and Trump favorably or risk alienating their Democratic supporters by playing a direct role in the confirmation of a judge that many rank-and-file Democrats find wholly unacceptable.

Collins also appears to have staked out a slightly stronger position on Roe v. Wade than Murkowski: "From my perspective, Roe v. Wade is an important precedent, and it is settled law", she told reporters last week.

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