Students, Alumni Urge Yale Law School's Leadership To Denounce Brett Kavanaugh

Rodiano Bonacci
Luglio 12, 2018

And no judge on that court has played a larger role in those cases than Brett M. Kavanaugh - President Trump's nominee to replace Supreme Court Justice Anthony M. Kennedy.

The one would-be justice who would have brought a more diverse background to the court was Harriet Miers, a Texan with a law degree from Southern Methodist University and a close association with President George W. Bush.

Most Democrats don't like the Kavanaugh nomination and would like to see a more moderate nominee. Tim Kaine, D-Va., Clinton's former running mate for tweeting, "Here's what I'm wondering about the #SCOTUSpick: Will Judge Kavanaugh respect rulings to uphold the ACA?" And in a 2009 case arising out of torture at Abu Ghraib, Kavanaugh joined Judge Laurence Silberman (over a rare and powerful dissent from Judge Merrick Garland) in barring state-law tort claims against a private military contractor, even though no federal statute required such a result.

Collins, who Democrats are hoping they can persuade to vote against Kavanaugh, has said she disagreed with the Trump administration's unusual decision not to defend ObamaCare in court against the Texas lawsuit.

If Democrats can convince voters in red states that Kavanaugh is a threat to Obama-era health care, they might be able to peel off the one or two GOP votes needed to sink Kavanaugh's nomination.

"I really consider Kavanaugh a friend of all the bill of rights provisions, I've studied other opinions of his, so yes, he would be a friend of the Second Amendment", said Stephen Halbrook, a lawyer and Senior Fellow at the Independent Institute.

So far, centrist Sens.

As part of that strategy, Democrats are focusing on Republicans Susan Collins of ME and Lisa Murkowski of Alaska, who both helped doom the repeal of the health care law.

Compared to their initial attacks on Kavanaugh, Democrats are putting less stress in recent days on the possibility that he could threaten Roe v Wade, a landmark 1973 Supreme Court decision supporting abortion rights. Trump could run into the same problem if Democrats re-take control of the Senate in November. But their situations would be much worse if their votes were needed for confirmation. "For the time being, we have to trust President Trump's judgment - a benefit of the doubt that, based on his previous nominees, he's earned".

It's against that backdrop that we focus on President Trump's nomination of appeals court Judge Brett Kavanaugh, a solid conservative with deep political roots in Washington, to the Supreme Court.

Kavanaugh met with key Republican senators on Capitol Hill on Wednesday as Democrats escalated efforts to block his confirmation.

The case would then go to the Supreme Court. Senate Democratic leader Chuck Schumer has promised to protect abortion rights.

Remember: This is precisely what McConnell flagged for Trump as a potential problem with Kavanaugh's nomination: Never that he wasn't qualified, but that his extensive time in government service, and the documents that come with it, cannot only lead to possible surprises and also give Democrats grounds - legitimate or not - to delay consideration of the nomination.

A liberal group, Demand Justice, has promised its own $5 million ad campaign to defeat Kavanaugh, focused on Democratic senators from Indiana, North Dakota and West Virginia and Republicans from ME and Alaska. The two other branches are represented by the presidency and Congress.

Kozinski, appointed by Ronald Reagan to the 9th Circuit, served on the court from 1985 until 2017, and was known as a "feeder judge", sending nine of his clerks to work for Supreme Court justices between 2009 and 2013 alone.

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