New York Post

SENATE SET ON BRETT

Kav likely to be OK’d for highg court

- By BOB FREDERICKS

Senators wrapped up Brett Kavanaugh’s Supreme Court confirmati­on hearing Friday, with legal experts making their cases for and against the judge nominated by President Trump.

Democrats worked into the night Thursday in a last, ferocious attempt to paint Kavanaugh (near inset) as a foe of abortion rights and a likely defender of the president in special counsel Robert Mueller’s probe.

But the 53-year-old federal appeals-court judge appears on his way to becoming the high court’s 114th justice.

He 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.

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

On Friday, lawmakers heard from more than two dozen witnesses on both sides of the nomination fight.

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.

NYU Law Professor Melissa Murray told lawmakers Kavanaugh would provide the “necessary fifth vote that would utterly eviscerate” the 1973 Roe v. Wade decision establishi­ng a constituti­onal right to abortion.

On the Republican side, witnesses testifying in support of Kavanaugh included longtime friends, a former law clerk and a former student. They spoke of his intelligen­ce and open-mindedness, calling him “thoughtful,” “wonderfull­y warm” and a “fairminded and independen­t jurist.”

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.”

John Dean, Richard Nixon's White House counsel who cooperated with prosecutor­s during the Watergate investigat­ion, said that confirming Kavanaugh would lead to the “most presi- dential-powers-friendly” Supreme Court in the modern era.

Dean predicted that with Kavanaugh on the Supreme Court, it will become “a weak check, at best, on presidenti­al power.”

He said that, according to Kavanaugh’s view, the president could shoot somebody on Fifth Avenue — echoing Trump’s infamous boast — and not be prosecuted, calling the scenario “deeply troubling” and adding that there is “much to fear from an unchecked president who is inclined to abuse his powers.”

Trump, campaignin­g in Montana Thursday, said the judge deserves bipartisan support and criticized the “anger and the meanness on the other side — it’s sick.”

If you u torpedo K Kavanaugh, augh, you’ll likely end up with someone one worse. . — Yale Law w School Professor Akhil Reed eed Amar (right)

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