Kavanaugh works Capitol Hill as Dems warn of rightward tilt

Pablo Tucker
July 12, 2018

Kennedy's retirement gave Trump the opportunity to move the court solidly to the right. And he is ready.

Supreme Court nominee Brett M. Kavanaugh incurred tens of thousands of dollars of credit card debt buying baseball tickets over the past decade and at times reported liabilities that could have exceeded the value of his cash accounts and investment assets, according to a review of Kavanaugh's financial disclosures and information provided by the White House. 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. As many as four Democrats - including three with tough re-election fights, such as Sen.

If McCaskill, Heitkamp, Donnelly and Manchin vote against confirmation and the GOP comes up a single vote short, each one of the vulnerable Democrats becomes the "deciding" vote against a conservative, well-credentialed Supreme Court nominee who was selected by a president popular with Republicans.

Plus, Kavanaugh has a conservative record on abortion, but he has also testified to the Senate in the past that he would respect Roe.

Both voted against Trump's effort to repeal the Obama-era Affordable Care Act, and they objected furiously to a measure that would have stripped funding from women's health organization Planned Parenthood.


Durbin said Kavanaugh "consistently favors big business and undermines protections for consumers, workers, women, and the environment".

In terms of its impact on the 2018 midterms, the third scenario, which involves the Senate defeating (or at least delaying) Kavanaugh, looks even worse for Democrats. He has served on the D.C. Circuit Court for 12 years, and he has authored nearly 300 opinions. Still others believe the DC Appeals Court judge was President Trump's "establishment" pick because he had the best chance of getting through the confirmation process. Will he safeguard ALL Americans' civil rights?

"Anyone who doubts Kavanaugh's bona fides should keep in mind: this president has an exceptional track record on the judiciary", says FRC's Tony Perkins.

But when the Supreme Court had the shot to decide the issue in 2015, it declined. The nominee's paper trail is so long that Rod J. Rosenstein, the deputy attorney general, has asked federal prosecutors to help review the judge's government documents to speed the confirmation process, according to a letter obtained by The New York Times on Wednesday. Flake is one of Trump's most vocal critics, but he seems to be OK with this Supreme Court nominee.

However, his selection will start a major confirmation battle in the U.S. Senate. Justice Sonia Sotomayor is the only former trial judge.


Kavanaugh dissented as the DC Circuit upheld the ACA's crucial mandate for individuals to buy insurance by 2014, asserting that it was too early to hear the controversy over a tax-related matter. He also elevated William Rehnquist from an associate justice to chief. Kamala Harris (Calif.) issued a statement saying Kavanaugh "has consistently proven to be a conservative ideologue instead of a mainstream jurist".

Sasse says something is clearly broken in our republic when there is already this much protest over a Supreme Court nomination.

Trump has speculated that he could appoint a majority of the nine-member court.

A graduate of a Jesuit high school and an active member of a local Catholic church, Kavanaugh stressed his faith in his remarks at the White House on Monday and acknowledged Enzler and Catholic Charities.


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