Published: Thu, July 12, 2018

King Cites Concerns About Kavanaugh Nomination

King Cites Concerns About Kavanaugh Nomination

President Donald Trump may relish his status as an outsider, but Kavanaugh is anything but.

Kavanaugh still lives in the D.C. area, raising his kids in the Maryland suburbs just miles from the White House. Schumer, demands unity: a "no" vote on Kavanaugh.

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.

Kavanaugh has served as a judge on the U.S. Court of Appeals for the District of Columbia Circuit since his appointment in 2006 and draws an annual salary of about $220,000 a year. With Judge Brett Kavanaugh nominated to replace retiring Justice Anthony Kennedy, Harvard Law's 5-3 advantage over Yale could become a 4-4 tie. Jones is already getting pressure from Republicans back home, including a potential challenger in Jones's 2020 reelection, to support Kavanaugh.

That could have been a nod to Senate Judiciary Democrats who said Tuesday that they want to review every piece of paper related to Kavanaugh's public service, including his work in the George W. Bush administration. It's unclear what evidence there is for that, other than Trump's promise to appoint anti-abortion judges.

Bottom line: There's a long way to go in this process, and Collins and Murkowski plan plenty of deep dives into Kavanaugh's written record, not to mention their one-on-one sit downs with him.


During his introduction Monday night, Kavanaugh emphasized his belief that judges "must be independent" and "interpret the law, not make the law". But Kavanaugh has ruled on abortion cases in the past, and legal reporter Mark Joseph Stern fears that he may interpret the "undue burden" standard as loosely as possible - effectively undoing Roe v. Wade by finding that restrictive anti-abortion laws don't violate this standard.

The focus is on GOP Sens. Susan Collins of ME and Lisa Murkowski of Alaska made clear that while they're both in the earliest of stages of reviewing Kavanaugh's record, they both find him to be "qualified" for the position. Shortly after her 2009 nomination to the Court, Justice Sonia Sotomayor announced plans for a memoir, which was published in 2013. Kavanaugh sided with a religious group that objected to having to notify their insurer or the federal government if they wanted an exemption.

If confirmed by the Senate, the 53-year old Kavanaugh is poised to remain on the bench for years to come, cementing conservative control in the country's top judicial body. "I'm hopeful that maybe we'll get a couple of Democrats who will jump on board and do the right thing for a change, unlike what we've been hearing in the news". This would be unsafe for many Americans, but especially the disability community, which has seen expanded access to care under this legislation. The president has faced allegations of sexual harassment and remains under investigation for obstruction of justice in the Russian Federation election meddling investigation.

Another guess is that Colbert thinks the pick might have something to do with how Kavanaugh once suggested in an article for the Minnesota Law Review suggesting "Congress might consider a law exempting a President - while in office - from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel". And he speaks from experience: Kavanaugh clerked for Kenneth Starr, the special counsel who investigated President Bill Clinton.

"If the President does something dastardly, the impeachment process is available", Kavanaugh wrote.

Trump's choice was met with predictable reactions from Republicans and Democrats.

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