Shadow over Supreme Court
Kavanaugh controversy likely to influence its handling of divisive issues
WASHINGTON: The moment conservatives have dreamed about for decades has arrived with Brett Kavanaugh joining the Supreme Court. But with it comes the shadow of a bitter confirmation fight that is likely to hang over the court as it takes on divisive issues, especially those dealing with politics and women’s rights.
With Kavanaugh taking the place of the more moderate Anthony Kennedy, conservatives should have a working majority of five justices to restrict abortion rights, limit the use of race in college admissions and rein in federal regulators.
The newly constituted court also might broaden gun rights, further relax campaign finance laws and halt the expansion of the rights of LGBT people, who three years ago won the right to marry nationwide with Kennedy in the majority.
Yet Kavanaugh may have a hard time putting behind him the tumultuous confirmation process, which ended with the Senate voting 5048 to confirm him on Saturday, the narrowest margin of victory for a Supreme Court nominee in 137 years.
“In the public mind, there will always be this dark cloud hanging over the court, even if Kavanaugh is eventually embraced by all his colleagues on the court,” said Elizabeth Wydra, president of the liberal Constitutional Accountability Center.
That cloud stems from allegations of sexual assault and other inappropriate behaviour by Kavanaugh while he was in high school and college, along with his politically charged testimony that labelled the look into his past a political hit job by Democrats.
Kavanaugh has forcefully denied any inappropriate behaviour with women. He also acknowledged in a Wall Street Journal column that some of his testimony went too far, but did not apologise for anything he said.
The bitter partisan fight over the confirmation could continue if Democrats take control of the House after the November elections. Key House Democrats have said they will investigate Kavanaugh.
For now, the focus will be on the court’s new majority’s willingness to take on controversial issues.
A potential early test is two cases involving state efforts to strip public money from Planned Parenthood. The justices are considering appeals from Kansas and Louisiana. Lower courts have blocked the states from going forward.
The court could announce today that it has rejected the appeals, if the justices voted that way in their private conference on Friday. But they could also defer action to allow Kavanaugh to weigh in.