Published: Thu, July 12, 2018
Sci-tech | By Brandy Patterson

Questions about Kavanaugh temper enthusiasm for Trump pick

Questions about Kavanaugh temper enthusiasm for Trump pick

"I will be diligent in measuring the record and in undertaking an independent review".

"As a point of comparison, look at Bob Casey who is also up for re-election in the Trump-won state of Pennsylvania".

Much of the Washington Post piece is devoted to emphasizing that, if confirmed, Kavanaugh may be the least wealthy member of the Supreme Court.

If that's the case, then what Kavanaugh critics are arguing is that Trump shouldn't be allowed to have any conservative because one of the consequences of an ideologically-consistent conservative court might be more deference to the presidency.

To hear Republicans tell it, Brett Kavanaugh is a skilled and well-respected judge who reveres the Constitution.

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She noted that there were arguments in the 2012 ObamaCare case "that everyone thought were off the wall" until four Supreme Court justices ended up voting for them. "In the ensuing dozen years, he has been one of the most relied upon and affirmed Appellate judges in the United States, one whose opinions on a number of occasions have been adopted by the High Court". Trump ended up picking a former clerk of Kennedy's.

Kavanaugh still lives in the D.C. area, raising his kids in the Maryland suburbs just miles from the White House. Richard Blumenthal, D-Conn. "If he is unwilling to state that he will recuse himself, I think everyone should really reconsider whether they can support this nominee". But Democrats have perhaps become complacent because their side has more often manipulated the rules to their advantage, while Republicans have been cowed out of exercising even their legitimate powers. He's also sided with abortion opponents. Donnelly voted to confirm Gorsuch.

But the Senate's top Republican, Majority Leader Mitch McConnell, hailed a "superb choice" in Kavanaugh and urged senators to "put partisanship aside".

The rest of the law would nearly certainly remain intact even if the mandate were struck down, experts say, since Congress repealed the penalty for violating the mandate previous year while leaving the rest of the law in place. They already have also been hammering the message that he would vote to undermine key progressive priorities like the landmark Roe v. Wade decision on abortion rights and the Supreme Court decision affirming the constitutionality of the Affordable Care Act.

The Washington Post's Aaron Blake breaks down, reporters have reason to question Paul's loyalty to this Supreme Court pick. In multiple opinions setting out this position, he has relied not on constitutional text - indeed, he conceded that "based exclusively on the text" of the Constitution, the defendant "might have a point" - but instead on historical precedents (such as the trial of the Lincoln assassination co-conspirators) that scholars have thoroughly debunked as supporting Kavanaugh's claim. That's something that Paul, who has a strong libertarian streak, has been vocal about opposing.

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In a statement Monday night, Heitkamp said the process for selecting Gorsuch was "exhaustive and fair".

Still, Paul is No. 2 on the list because he hasn't issued his support yet.

The newly-nominated justice on Tuesday went to the US Capitol to begin meeting with senators ahead of any confirmation hearings to explain his positions.

The party lines are set.

If Republican Senators don't break ranks, the votes of their Democratic colleagues won't matter. "So, Trump picked the guy who thinks presidents shouldn't be prosecuted. But even if Kavanaugh's added to the court, I'm slightly more optimistic the court takes a Second Amendment case, but it's not fully clear to me", said Professor Blackman.

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"I believe it is vital that the President be able to focus on his never-ending tasks with as few distractions as possible", Kavanaugh wrote.

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