ibusinesslines.com
ibusinesslines.com November 21, 2018


Capito looking for Supreme Court nominee similar to Gorsuch

10 July 2018, 08:14 | Erica Roy

Capito looking for Supreme Court nominee similar to Gorsuch

Capito looking for Supreme Court nominee similar to Gorsuch

The appointee would replace Justice Anthony Kennedy, 81, who announced last month that he will retire this summer.

US President Donald Trump has nominated Brett Kavanaugh for the Supreme Court, setting the stage for a bruising confirmation battle.

Kavanaugh, a Catholic, was on a list of 25 candidates compiled for President Trump by the Federalist Society and the Heritage Foundation.

In the days leading up to Trump's announcement, some conservatives were concerned Mr Kavanaugh would not be far enough to the right on certain issues including abortion and health care.

He also said criminal investigations affecting a sitting president are "time-consuming and distracting" and should be deferred until after the end of a president's term.

He added: "A judge must be independent and must interpret the law, not make the law".

The official says Trump decided on Kavanaugh because of his large body of jurisprudence cited by other courts, describing him as a judge that other judges read.

Trump a year ago appointed Gorsuch, who has already become one of the most conservative justices, after Senate Republicans in 2016 refused to consider Democratic former president Barack Obama's nominee Merrick Garland to fill a vacancy left by the death of conservative Justice Antonin Scalia.

Kavanaugh now faces what appears to be another fierce fight for confirmation in the Senate, where Trump's fellow Republicans hold a slim majority.

Republican Sen. John Neely Kennedy of Louisiana said he was bracing for a tough confirmation battle as Democrats focus on abortion.


"Republicans are holding four lottery tickets, and all of them are winners", said Sen. Three Democratic senators who voted for Gorsuch - Heidi Heitkamp of North Dakota, Joe Donnelly of IN and Joe Manchin of West Virginia - are up for re-election IN states Trump won handily IN 2016.

Senate Majority Leader Mitch McConnell has promised a vote on the nomination before the November midterms, ensuring the outcome will be an issue before voters.

As Judge Kavanaugh explained in his dissenting opinion, "Judicially second-guessing the correctness or reasonableness (as opposed to the sincerity) of plaintiffs' religious beliefs is exactly what the Supreme Court in Hobby Lobby told us not to do".

Conservative groups like Judicial Crisis Network and American Crossroads have each pledged over $1 million in ads encouraging support or opposition to Trump's eventual nominee. Patrick Leahy, D-Vt., the top Democrat on the Senate Judiciary Committee, told NPR's Morning Edition.

The White House invited a number of senators to attend the Monday night announcement. It still includes Murkowski, Collins and independent-minded Sen. Joe Donnelly of Indiana, Heidi Heitkamp of North Dakota, Doug Jones of Alabama, Joe Manchin of West Virginia and Diane Feinstein of California.

Trump also hopes to pressure several Democrats into voting to confirm his nominee. The conclusion: a Justice Kavanaugh "would likely be considerably more conservative than Kennedy, and would fall to the left only of Justice Clarence Thomas". At the top of that list is abortion. Both support a woman's right to have an abortion and will be looking for assurances that the nominee would not overturn the Roe v Wade decision establishing abortion rights. CBS also reports he is a staunch supporter of Second Amendment. Kennedy provided a decisive vote in 2015 on an important fair housing case.

In his decade-plus tenure on the D.C. Circuit, the most influential court below the Supreme Court, he has amassed a massive paper trail that will be picked apart by his opponents. Since 2006, he has been a judge on the federal appeals court in Washington. On the bright side, Kavanaugh worked for Ken Starr during his probe of President Bill Clinton, and is credited by pundits with some of the most salacious questions to that POTUS.

FiveThirtyEight, July 2018 - FiveThirtyEight draws on a tool to measure judicial ideology developed by legal scholars and political scientists to assess Kavanaugh's potential effect on the Supreme Court's jurisprudential makeup.

Kavanaugh's views on presidential power and abortion are expected to draw particular attention in his confirmation hearing.



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