As had been broadly anticipated, President Trump last night nominated Appeals Court Justice Brett Kavanaugh to fill the seat on the Supreme Court of retiring Justice Anthony Kennedy. This nomination has been immediately opposed by most Democrats in the Senate and across the party while being lauded by most Senate Republicans who would speak out. The primary arguments offered initially revolve around what Kavanaugh will do on reproductive rights/Choice issues and, perhaps, his approach to presidential powers and rights.
My initial thoughts were (and may still be) based on the belief that should whoever Trump pick be rejected by the Senate that his subsequent selections would undoubtedly be worse or at least no better on substantive issues. And with that thought I was prepared to watch the confirmation process roll out and shrug when Vice President Pence broke the tie and put Kavanaugh over the top.
I am still not convinced that the status quo position of Roe v Wade will automatically be dissolved by Kavanaugh's win. I actually have more faith in Chief Justice Roberts that he might fill that "swing vote" role on this issue if push came to shove.
However, as of Tuesday evening, July 10, I now think I support the "never Kavanaugh" movement. There is just too much to this "Forrest Gump" of Republican jurisprudence for him to get the benefit of the doubt after he dances around and coyly avoids admitting his undemocratic (little "d") positions during Senate hearings. Kavanaugh is, indeed, dangerous. He would shield Trump from scrutiny into questionable activities with Russians and a wide range of "get richer quicker" schemes of the Trump administration and Trump companies.
Kavanaugh's positions on presidential immunity seems to have flipped from early in his career when he was a Starr investigation attack dog to recent months when he wishes to shield the president who is appointing him to the SCOTUS job.
So, maybe I'll mellow as the summer drags on. But today I'm thinking -
Sept, 2018 - The unforeseen curve in the path to the vote on Kavanaugh has been the "sexual assault" allegations. The big committee hearing will occur in two days, but as currently planned it won't prove anything as the committee leaders have rigged it to limit all discovery to "He said, she said" and no other damning evidence allowed. The bottom line is that it's unclear if Kavanaugh will receive 50 or 51 votes in the full Senate.
But if he can't, Trump will only nominate an even more conservative choice. However, the delay could put off a vote until after the midterm elections. And the Democrats very well might repay the Republicans for the unconstitutional treatment of Obama's nomination of Merrick Garland. In which case we'd limp along with an 8-person SCOTUS for two years. No big deal.
Tuesday, September 25, 2018
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I'm sure it'll never happen. But after Kavanaugh fails to get confirmed to the SCOTUS I'd love to see Trump nominate . . . . . . wait for it . . . . Merrick Garland.
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