Milwaukee Journal Sentinel

Kavanaugh backers, opponents testify

Senate ends hearing on Supreme Court nominee

- Jessica Gresko

WASHINGTON – After two marathon days questionin­g, senators concluded Brett Kavanaugh’s Supreme Court confirmati­on hearing Friday by hearing from friends, foes and legal experts making their cases for and against the judge who is likely to push the high court further to the right.

Abortion was a main focus throughout the weeklong hearing, and on Friday, New York University law professor Melissa Murray told lawmakers that Kavanaugh would provide the “necessary fifth vote that would utterly eviscerate” the 1973 Roe v. Wade decision.

And John Dean, Richard Nixon’s White House counsel who cooperated with prosecutor­s during the Watergate investigat­ion, said the court with Kavanaugh on it would be “the most presidenti­al-powers-friendly court in the modern era.”

On the Republican side, witnesses included longtime friends and former law clerks.

They talked about Kavanaugh’s intelligen­ce and open-mindedness, calling him “thoughtful,” “humble,” “wonderfull­y warm” and a “fair-minded and independen­t jurist.” A number praised his concerted efforts to hire as law clerks both minorities and women.

Senate Democrats had worked into the night Thursday on Kavanaugh’s final day of questionin­g in a last, ferocious attempt to paint him as a foe of abortion rights and a likely defender of President Donald Trump.

But the 53-year-old appellate judge stuck to a well-rehearsed script throughout his testimony, providing only glimpses of his judicial stances while avoiding any serious mistakes that might jeopardize his confirmati­on. With his questionin­g over, he seemed on his way to becoming the court’s 114th justice.

Republican­s hope to confirm Kavanaugh in time for the first day of the new Supreme Court term, Oct. 1.

On Friday, Democratic witnesses expressed concern about Kavanaugh’s record on a range of issues including affirmativ­e action, the rights of people with disabiliti­es, access to birth control and abortion.

Democrats have portrayed Kavanaugh as a justice who might vote to roll back or overturn the Roe v. Wade decision establishi­ng a constituti­onal right to abortion.

Their hope is that, with Senate Democrats in the minority 51-49, two Republican senators who support abortion rights could break from their party and vote against him.

Democratic witnesses also included a student who survived the school shooting in Parkland, Florida, and Rochelle Garza, the legal guardian for a pregnant immigrant teenager whose quest for an abortion Kavanaugh would have delayed last year.

Yale law school professor Akhil Reed Amar, a liberal testifying in support of Kavanaugh, had a message for Democratic senators: “Don’t be mad. He’s smart. Be careful what you wish for. Our party controls neither the White House nor the Senate. If you torpedo Kavanaugh you’ll likely end up with someone worse.”

Trump himself, campaignin­g in Montana on Thursday night, sought to make Kavanaugh’s confirmati­on a political test for voters, saying the judge deserves bipartisan support and criticizin­g the “anger and the meanness on the other side – it’s sick.”

Senators on the Judiciary Committee are likely to vote on Kavanaugh’s confirmati­on on Sept. 20 with a vote by the full Senate the next week.

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