Democrats' Rage Puts Kavanaugh In Clearer Light

06 September, 2018, 13:14 | Author: Jacqueline Daniels
  • Xinhua News Agency  Newscom

It's tempting to hope the confirmation hearings for Judge Brett Kavanaugh will finish the way they began.

Kavanaugh, who has written hundreds of opinions as an appeals court judge, defended those decisions, but generally avoided saying how he would rule in cases that might come before the Supreme Court.

He condemned the spate of USA school shootings, but defended an opinion he wrote questioning whether semi-automatic rifles could be banned.

Rebuffed in their request to delay the hearing, Democrats are planning to shine a light on Kavanaugh's views on abortion, executive power, and whether Trump could be forced to testify as part of special counsel Robert Mueller's Russian Federation investigation.

So suggest multiple reports from those who have witnessed, amid the outlandish shrieking and screaming at the Senate hearing for nominee Brett Kavanaugh, payoffs.

Grassley has already urged the judge to invoke the so-called Ginsburg Rule and follow the example of Justice Ruth Bader Ginsburg, who as a nominee refused to answer questions that would hint or foreshadow future decisions. "So, immunity is the wrong term to even think about in this process", Kavanaugh said.

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Trump has often criticised the federal judiciary, and some liberals fear Kavanaugh could serve as a rubber stamp for the president.

The mostly female demonstrators shouted out that Mr Kavanaugh would allow President Trump to pardon himself.

Kavanaugh, who clerked for Supreme Court Justice Anthony Kennedy - whose coming retirement resulted in Kavanaugh's nomination by President Trump - has also been circumspect about the Affordable Care Act (ACA), neither rejecting nor endorsing the law.

"As a matter of the canons of judicial independence, I can't give you an answer to that hypothetical question", he responded.

He sidestepped Democratic Senator Christopher Coons' query on whether he still believed, as he wrote 20 years ago, that a president could fire a special prosecutor investigating him. "I'm going to be asking you if Roe v. Wade is correctly decided", he said to Kavanaugh. "But on major questions of major economic or social significance, we expect Congress to speak clearly before such delegation, and that's what had not happened, in my view, with respect on net neutrality and I felt bound by precedent".

Lawyers who had argued cases in front of Kavanaugh recalled him as an active questioner from the bench, and a very well prepared jurist who would fit in on a Supreme Court whose justices are largely not shy in oral arguments with advocates.

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Amy Klobuchar (D-Minn.) said it's "much more powerful" if Democrats stay and ask tough questions of the nominee. On NBC's Meet the Press on Sunday morning, Klobuchar said the Kavanaugh confirmation process is "not normal".

In another consequential exchange, Kavanaugh would not say if a president was legally obligated to comply with a subpoena.

Supreme Court nominee Judge Brett Kavanaugh testifies before the Senate Judiciary Committee during the second day of his Supreme Court confirmation hearing on Capitol Hill September 5, 2018 in Washington, DC. Dianne Feinstein (D-CA) asked Kavanaugh.

"There is no one in America more qualified for this position and no one more deserving", Trump said in announcing his nomination at the White House.

One such case, Planned Parenthood v. Casey, established what Kavanaugh called "precedent on precedent". The change could make the court more conservative on a range of issues.

But Kavanaugh's nomination languished for three years, as Democrats fumed over his participation in Bush's recount team. The ruling was later overturned and she underwent the abortion. Kavanaugh said then that such guns were covered by the U.S. Constitution's Second Amendment, which protects the right to bear arms.

Afterward, Guttenberg tweeted that Kavanaugh "did not want to deal with the reality of gun violence". "Under our system of government, the executive branch is subject to the law, subject to the court system".

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