by Daveda Gruber:
The dawning of the age of a conservative high court for decades to come is about to begin. The confirmation of Supreme Court nominee Brett Kavanaugh is just around the corner.
Today, Saturday, the U.S. Senate is set to hold a final vote to confirm Kavanaugh as the next Supreme Court justice. Most Republicans and Democrats hold opposing views on whether President Trump’s pick should be confirmed, there is a general bipartisan agreement that the nominee will swing the Supreme Court toward the right.
Kavanaugh will be replacing retired Justice Anthony Kennedy. Kennedy, a Republican, acted as a swing vote and a gatekeeper of a more moderate high court. He sided with his liberal-leaning colleagues rather often.
Kavanaugh’s judicial record on a federal appeals court suggests he’s likely to align with the four other conservative justices. This raises questions about what that will mean on issues, for instance, federal regulatory power, guns, abortion, religious freedom and immigration.
Kavanaugh argued that ObamaCare’s mandate for contraception coverage violated the rights of religious organizations in 2015. Last year, he also disputed a decision that allowed an illegal teenage immigrant to have an abortion.
When American workers could do the same jobs, Kavanaugh opposed granting special visas for foreign workers from Brazil. He has also argued that a union election was invalid because illegal immigrants participated. That fact therefore “tainted” the result.
As for federal regulatory power, Kavanaugh implies he may not be on board with the so-called “Chevron doctrine.” It claims courts should defer to federal agencies’ regulatory decisions when such agencies are interpreting ambiguous statutes. That would give more power to the state and the executive branch.
As for the environment, Kavanaugh leaned toward curbing the power of the federal government to enact environmental rules. Kavanaugh rejected the U.S. Environmental Protection Agency’s efforts to reduce air pollution across state lines in a 2012 decision. He also maintained that the agency lacks authority and power to enact some of its policies.
Kavanaugh’s rulings and opinions made him a popular judge among conservatives. Liberal activist groups are enraged and coming out against his confirmation.
Liberals were against Kavanaugh even before the allegations of sexual misconduct. The FBI found “no corroboration.”
Senate Minority Leader Chuck Schumer, D-N.Y., said he opposes the nomination because Kavanaugh was evasive in his answers on key topics during his confirmation hearings after it became obvious that Kavanaugh would be confirmed. It was not a surprise to hear Schumer say Kavanaugh’s views were “deeply at odds with the progress America has made in the last century of jurisprudence and at odds with what most Americans believe.”
Associate Supreme Court Justice Elena Kagan got in line to take a shot at Kavanaugh. On Friday she warned that the high court may lose legitimacy if there’s no justice who acts like a swing vote on issues.
Kagan praised Justice Sandra Day O’Connor and Justice Anthony Kennedy for being the jurists “who found the center or people [you] couldn’t predict in that sort of way.”
Kagan said at Princeton University, “It’s not so clear, that I think going forward, that sort of middle position, it’s not so clear whether we’ll have it.” This came just hours after it appeared that Senate Republicans secured enough votes to confirm Kavanaugh’s nomination Saturday.
Kagan said, “All of us need to be aware of that, every single one of us, and to realize how precious the court’s legitimacy is. It’s an incredibly important thing for the court to guard is this reputation of being impartial, being neutral and not being simply an extension of a terribly polarizing process.”
Kavanaugh lashed out against Democrats for turning his confirmation into a “calculated and orchestrated political hit.”
He called the proceedings a “national disgrace” and said the opposition from the left was based on “revenge on behalf of the Clintons.”
Since theb, he backtracked some of the language. He penned a Wall Street Journal https://www.wsj.com/articles/i-am-an-independent-impartial-judge-1538695822
op-ed, in which he reiterated that he will maintain his independence.
He wrote, “Going forward, you can count on me to be the same kind of judge and person I have been for my entire 28-year legal career: hardworking, even-keeled, open-minded, independent and dedicated to the Constitution and the public good.”
He also wrote, “Going forward, you can count on me to be the same kind of judge and person I have been for my entire 28-year legal career: hardworking, even-keeled, open-minded, independent and dedicated to the Constitution and the public good.”
U.S. Sen. Susan Collins, R-Maine must have liked what Kavanaugh had to say. She gave a blazing and interesting speech Friday afternoon. She explained her reasoning behind voting for Kavanaugh and ultimately deciding to support his confirmation. She suggested that speculation on how he will rule was overblown.
Collins said, “That Judge Kavanaugh is more of a centrist than some of his critics maintain is reflected in the fact that he and Chief Judge Merrick Garland voted the same way in 93 percent of the cases that they heard together.”
Former President Barack Obama had nominated Garland to the court.
Collins also said that Kavanaugh is within the mainstream legal opinion and far from the bogeyman some activists and Democratic opponents painted him with “over-the-top rhetoric.”
The opposition to the nomination, as she sees it, has little to do with Kavanaugh’s actual record. Democrats had announced their opposition to the nominee even before his name was revealed.
The CIRCUS is not over yet. Today, Liberals will have a lot to say which won’t be popular with Republicans.
Personally I believe that the Democratic voices will only show themselves for what they are and I will not put ‘what they are’ in writing.
Please comment below and tell me what you think.