WHAT IS THE PROCESS AND CONSIDERATION IN CONFIRMING JUDGE KAVANAUGH FOR THE SUPREME COURT?
August 1, 2018 | View PDF
Since President Trump’s selection of Judge Brett Kavanaugh currently of the United States Court of Appeals for the District of Columbia Circuit to replace retiring Justice Anthony Kennedy on the United States Supreme Court there has been a lot of discussion. Judge Kavanaugh is a relatively young man when compared to some current and prior Supreme Court justices and was a high school classmate of
current Justice Neil Gorsuch. Judge Kavanaugh can make a significant impact on cases for many years to come barring significant health issues.
Currently appropriate Trump officials are working with Senators to encourage their support once the voting process occurs. The nomination has been sent to the Senate Judiciary Committee. Judiciary Committee hearings may be held in late August. Currently an FBI investigation is under way as with all nominations as well as investigation by those both for and opposing the nomination of Judge Kavanaugh to learn about his judicial leanings and background. For instance, Judge Kavanaugh is Catholic and Catholics are historically pro life and as well Kavanaugh clerked for Judge Stapleton of the 3rd Circuit Court of Appeals when Stapleton wrote an opinion restricting abortion rights in Pennsylvania. Should Kavanaugh be confirmed by the Senate Judiciary Committee then there will be a debate in the full Senate. Though possibly ambitious, it is hoped that a vote may take place in September.
It seems that the Senators in opposition have concern among several items over abortion rights, civil rights in general and the Affordable Care Act. Certainly there are Senators that oppose Kavanaugh’s nomination because he is a Trump nominee, but they have also researched his opinions and have found them counter to their own. Senator Dick Durbin has in the past referred to Kavanaugh as the Forrest Gump of Republican politics.
Kavanaugh is seen by many as being more in line with the legal thinking of deceased Chief Justice William Rehnquist. Kavanaugh at one time applied as Rehnquist clerk but was not accepted. Judge Kavanaugh has clerked or worked for many Federal judges including Justice Anthony Kennedy whom Kavanaugh would be replacing. Kavanaugh worked for Ken Starr and was the principal
author in the Starr report arguing for the impeachment of President Bill Clinton. Kavanaugh has also worked for the younger President George Bush.
Kavanaugh has argued only once before the United States Supreme Court and lost in a 6-3 decision. As a Judge, Kavanaugh has had fourteen decisions reviewed by the Supreme Court. Of those fourteen decisions, thirteen have been affirmed and only one rejected. It appears at this point in time that the majority of the Supreme Court justices and Kavanaugh have similar Constitutional leanings even though from time to time there have been surprises in the decisions by some justices that have seemed to veer from their historical holdings.
This will be a wait and see process.
This article is informative only and not meant to be all inclusive. Additionally this article does not serve as legal advice to the reader and does not constitute an attorney- client relationship. The reader should seek counsel from their attorney should any questions exist.
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