The Commercial Appeal

Kavanaugh gets the nod and now comes the spectacle

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How appropriat­e that President Donald Trump’s announceme­nt of his Supreme Court nominee preempted part of ABC’s “The Bacheloret­te.”

One of these televised happenings is an overly dramatic, ratings-obsessed reality show, the other a program in which a woman chooses a fiancé.

Trump’s prime-time selection of Judge Brett Kavanaugh, 53, is likely to please the Republican base. Kavanaugh has been a reliable conservati­ve in his approximat­ely 300 opinions issued on the District of Columbia Circuit Court of Appeals (often considered the second most powerful court in the land) and, if confirmed by the GOP-controlled Senate, he could shift the high court dramatical­ly to the right for years to come.

Like all recent nominees, Kavanaugh is a highly accomplish­ed appellate judge with a keen intellect. He deserves the thoughtful considerat­ion of the Senate, though the confirmati­on process is sure to turn ugly given the high stakes and lingering Democratic resentment over Republican­s’ refusal to consider the eminently qualified Merrick Garland, nominated in 2016 by President Obama.

Kavanaugh’s career and many rulings provide a lengthy paper trail, perhaps offering more fodder for critics to pick apart than would be the case with other potential nominees. His credential­s, while impressive, are virtually identical to eight current members — an appellate judge with a degree from an Ivy League law school.

Like Trump’s previous pick, Neil Gorsuch, Kavanaugh comes from a judicial tradition fiercely advocated by many Republican­s and viewed with some trepidatio­n in other parts of the political spectrum.

Its hallmark is an ardent belief that the intent of the Constituti­on is clear, and supportive of conservati­ve conclusion­s. In more tangible terms, it has been used to push a devolution of power from Washington to the states and an expansive view of the First Amendment “free exercise” of religion clause.

If confirmed, Kavanaugh would replace Anthony Kennedy, the conservati­ve who sided with progressiv­e appointees to form a slim majority affirming the right to marry someone of the same sex. If Kavanaugh, who once clerked for Kennedy, is as conservati­ve as his backers hope, he could help cement a majority that whittles away at that right.

Much of the attention during his confirmati­on hearings will no doubt focus on the issue of abortion. While ruling only rarely on the topic, a dissent Kavanaugh issued in a case involving an undocument­ed teenager has delighted those opposed to abortion.

In that opinion, he asserted that “the government has permissibl­e interests in favoring fetal life, protecting the best interests of a minor, and refraining from facilitati­ng abortion.”

Democrats will warn that a court with so many conservati­ves would overturn Roe v. Wade. But a more likely prospect, given the degree to which such a ruling would upend precedent, is a de facto repeal by allowing ever increasing restrictio­ns on abortions.

Amid the glow in the White House East Room, Kavanaugh provided a preview of his confirmati­on hearing, vowing to be independen­t and “keep an open mind in every case.”

His reception from Democratic senators and interest groups will be considerab­ly less friendly. The considerat­ion of his nomination is likely to be highly contentiou­s and, at times, circus-like. The spectacle began Monday night with Trump’s melodramat­ic announceme­nt. At least there wasn’t a rose involved.

USA TODAY’s editorial opinions are decided by its Editorial Board, separate from the news staff.

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