This Democrat thinks Kavanaugh is great
Former law clerk to the Supreme Court nominee says he’s brilliant
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 fiance.
Trump’s prime-time selection of Judge Brett Kavanaugh, 53, is getting rave reviews from the Republican base. Kavanaugh has been a reliable conservative on the District of Columbia Circuit Court of Appeals (considered the nation’s second most powerful court) and, if confirmed by the Republicancontrolled Senate, he could shift the high court to the right for years to come.
He has also been a reliable supporter of Republican causes. He served in the second Bush administration, and prior to that was part of the 2000 presidential recount and the highly contentious Kenneth Starr investigation of former President Bill Clinton. This gives him a more partisan background than most nominees, a concern at a time when many Americans already view the justices as politicians in robes.
Conveniently for Trump, and perhaps serendipitously for Kavanaugh, his views on presidential inquiries have shifted since his time with Starr. In
2009, he wrote that Congress should shield sitting presidents from civil lawsuits and criminal investigations. That must be music to the ears of Trump, who is part of an inquiry into Russia’s role in the 2016 election and who is in legal jeopardy on a number of fronts.
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 even consider the eminently qualified Merrick Garland, nominated in
2016 by President Barack Obama. Kavanaugh’s career and his roughly
300 opinions 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 affirm 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 anti-abortion activists. 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 are already warning that a court with Kavanaugh would overturn Roe v. Wade. More likely would be a de facto repeal by allowing increasing restrictions on abortions.
Amid the glow in the White House East Room on Monday, Kavanaugh provided a preview of his confirmation hearing, vowing to be independent and “keep an open mind in every case.”
Senate consideration of his nomination is shaping up as highly contentious and, at times, circus-like. The spectacle began with Trump’s melodramatic selection. At least it didn’t involve a rose.