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Opinion Trump's Supreme Court pick: Democrats will fight hard to stop Kavanaugh but he has few vulnerabilities

06:10  10 july  2018
06:10  10 july  2018 Source:   foxnews.com

Schumer vows to fight Trump's Supreme Court pick

  Schumer vows to fight Trump's Supreme Court pick The Senate's top Democrat says President Donald Trump's nomination of Judge Brett Kavanaugh to the Supreme Court puts abortion rights and health care protections for women "on the judicial chopping block."New York Sen. Chuck Schumer says by picking Kavanaugh, Trump is delivering on his pledge to "punish" women for their choices.

The anti-abortion conservative quietly guiding Trump ' s supreme court pick . Of those, the shortlist is understood to have boiled down to four judges from various US courts of appeal – Amy Coney Barrett, Thomas Hardiman, Brett Kavanaugh and Raymond Kethledge.

Now Democrats lament overturning precedent in their frantic efforts to keep the abortion industry in business – unless that precedent is at the state level, where Gamblers betting on Kavanaugh as Trump ' s Supreme Court pick - Продолжительность: 7:17 Nathaniel Bennett 4 просмотра. Новинка!

a man wearing a suit and tie: President Trump picks Brett Kavanaugh to replace the retiring Justice Anthony Kennedy on the Supreme Court. Here's a look at Trump's nominee. © FoxNews.com President Trump picks Brett Kavanaugh to replace the retiring Justice Anthony Kennedy on the Supreme Court. Here's a look at Trump's nominee.

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

President Trump may like to spring a surprise on the news media, but with his announcement Monday night for the Supreme Court he went with the safe choice.  

His pick of Brett Kavanaugh, a federal appeals judge in Washington, may have run counter to his instincts against picking inhabitants of the D.C. swamp, or those with deep connections to the Bush administration.  But in elevating his reason over his impulses, Trump has picked a nominee who will work to limit the great threat to individual liberty today: the administrative state.

2020 White House contenders race to oppose Trump's Supreme Court pick

  2020 White House contenders race to oppose Trump's Supreme Court pick Several Democratic senators considered contenders for the party's 2020 White House nomination are racing to oppose Brett Kavanaugh, President Trump's Supreme Court pick. Democratic Sens. Cory Booker (N.J.), Kamala Harris (Calif.) and Kirsten Gillibrand (N.Y.) were among a group of senators who said on Monday night that they would oppose Kavanaugh."Judge Brett Kavanaugh represents a direct and fundamental threat to that promise of equality and so I will oppose his nomination to the Supreme Court.

From left to right: judges Raymond Kethledge, Brett Kavanaugh , Amy Coney Barrett and Thomas Hardiman are being considered by Donald Trump for the US supreme court . Trump has moved quickly to prevent Democrats attempting a similar maneuver before November’ s midterm elections.

Trump is expected to announce his supreme court pick at any moment. This time, I hope Democrats don’t let us down again. He was blocked by Republican leaders on Capitol Hill, who refused to budge on filling the supreme court vacancy until after the elections.

Kavanaugh will provide thin gruel for Democratic opponents.  He has impeccable credentials: he graduated from Yale College and Law School (where one of us overlapped with him as a student), clerked for two appeals judges, and then the U.S. Supreme Court for the departing Justice Anthony Kennedy. 

He served as a prosecutor on Kenneth G. Starr’s independent counsel investigation into Whitewater (which will twist Democrats demanding Trump’s impeachment into knots), as an associate counsel and then staff secretary in the George W. Bush White House (where we both worked with him), and then as a judge for more than a decade on the D.C. Circuit appeals court.

Even though Democrats will go to any lengths to stop Kavanaugh, he presents them with few vulnerabilities.

McConnell to meet with Trump's Supreme Court pick Tuesday

  McConnell to meet with Trump's Supreme Court pick Tuesday Senate Majority Leader Mitch McConnell (R-Ky.) will meet with Brett Kavanaugh, President Trump's Supreme Court pick, on Tuesday as he begins to build support on Capitol Hill. Kavanaugh will meet with McConnell and Vice President Pence at 11:15 a.m., according to guidance from the White House. The meeting comes after Trump announced on Monday night that he would nominate Kavanaugh-currently a judge on the Court of Appeals for the District of Columbia Circuit- to succeed retiring Justice Anthony Kennedy.

Trump anti-abortion supreme court pick 'not acceptable', says Collins. Clinton narrowly lost to Donald Trump , a thrice-married former “very pro-choice” Democrat , who now proposed Brett Kavanaugh , a 53-year-old of the US court of appeals for the DC circuit is a solid front runner.

After rampant speculation that has reached a fevered pitch, Trump is believed to have narrowed his shortlist to four candidates: federal judges Thomas Hardiman, Brett Kavanaugh , Raymond He was a front-runner for the Supreme Court seat that went to Neil Gorsuch last year, and was reportedly

He has written no opinions on their holy-of-holies, abortion or gay marriage. To the extent that he has written on these topics, he has observed that the government might have a compelling interest in providing contraceptives and that an alien might have a due process right to an abortion. 

He has written no major opinions on free speech or religion, nor has he displayed any sympathies for the criminal defense bar.

Instead, Kavanaugh’s creates a deeper challenge to liberalism: rolling back the administrative state.

Santorum on Kavanaugh: Trump bowed to Washington elite

  Santorum on Kavanaugh: Trump bowed to Washington elite Rick Santorum said Monday that President Donald Trump "bowed to the elite in Washington" by picking Judge Brett Kavanaugh as his Supreme Court nominee. "Well, I think that Donald Trump said he was going to energize the base with this pick. I don't think he did that," the Republican former Pennsylvania senator and CNN political commentator told Chris Cuomo on CNN's "Cuomo PrimeTime." Kavanaugh has been dubbed a Washington insider, having worked in both Bush administrations, and is currently a judge on the US Court of Appeals for the District of Columbia circuit.

“Mr. McConnell is concerned about the volume of the documents that Judge Kavanaugh has created in his 12 years on the United States Court of “ Trump is largely following the same playbook this time as when he succes #McConnell, #weighs, # SupremeCourt , # pick , #withTrump #PlaybookPlus.

| July 08, 2018 10:51 AM A top Democrat in the Senate said his vulnerable colleagues from red states "understand" that fighting to stop President Trump ' s Supreme Court pick is more important than getting re-elected in 2018.

Progressives have evaded the Constitution’s checks and balances on the federal government by unceasingly expanding its regulatory reach, transferring the actual authority to make the rules from Congress to unelected bureaucrats, and then demanding that judges defer to the results virtually without question.

It is through this judicial-agency industrial complex where, as the Obama administration displayed on everything from immigration to education to health care, progressives have imposed their views on the American people and the states with little democratic accountability.

Donald Trump says he did not discuss abortion with Brett Kavanaugh

  Donald Trump says he did not discuss abortion with Brett Kavanaugh President Donald Trump praises Supreme Court nominee Brett Kavanaugh, while Democrats plan to oppose him over the abortion issue."No, I haven't, I really haven't," Trump told reporters as he left the White House for a week-long trip to Europe.

[Leading contender to be Trump ’ s Supreme Court pick faces questions from social conservatives]. Previously, the three front-runners for the nomination have been seen as Kavanaugh , who serves on the U.S. Court of Appeals for Democrats focus on abortion in court fight , sensing Republican jitters.

The Trump administration has been preparing information materials on four potential nominees: appeals court judges Brett Kavanaugh , Raymond Lindsey Graham, R- S .C., told "Fox News Sunday" that Democrats from states won by Trump in 2016 "are going to have a very hard decision."

Kavanaugh has repeatedly challenged the foundations of this runaway state.  He has written significant opinions overturning two misbegotten examples of this dynamic.

In the first, he found the Consumer Finance Protection Board (CFPB) violated the Constitution because it vested all power over consumer finance in the country in one person, but insulated him from removal by the president.

In the second, he struck down a new federal accounting board, because it too was insulated from presidential control, even though Article II of the Constitution vests the president, and the president alone, with the duty to see that “the Laws be Faithfully Executed.”

In both cases, Kavanaugh has made clear that he would put the text and history of the Constitution first, and mistaken precedent second, which should cheer the hearts of conservatives.

Like Justice Neil Gorsuch, Kavanaugh will pursue the administrative state into the weeds.  He explained his views at length in a 2010 book review in the Harvard Law Review.  Basing his argument on the constitutional separation of powers, he found, unremarkably, that the function of the courts is not to legislate, but to interpret and apply, statutes.

Kavanaugh works Capitol Hill, Dems warn of rightward tilt

  Kavanaugh works Capitol Hill, Dems warn of rightward tilt Supreme Court nominee Brett Kavanaugh returns to Capitol Hill Wednesday for a round of meetings with key Republican senators as Democrats ramp up their efforts to block his confirmation. Kavanaugh, the conservative appellate court judge President Donald Trump chose to replace retiring Justice Anthony Kennedy, is set to meet separately with Republican Sen. Orrin Hatch of Utah, Sen. Lindsey Graham of South Carolina and other senators.Democrats, as the Senate minority, have few options to block Kavanaugh.

He has long been a favorite in conservative legal circles. And even though the internet has made it more widely availabl #Gamblers, #betting, # Kavanaugh , # Trump , # SupremeCourt , # pick Trump , Democrats gear up for Supreme Court showdown - Продолжительность: 12:46 Fox News 58 843

Possible replacements for Supreme Court Justice Kennedy. Brett Kavanaugh . But Democratic lawmakers, who have a minority of seats in both houses of Congress, have acknowledged there is no clear path to block Trump ’ s Supreme Court pick .

That is not difficult to do when the statute is clear.  But what if it is ambiguous?  Under what is known as the “Chevron” doctrine, courts have been expected to defer to a reasonable interpretation of the Executive branch agency that administers the statute.   Deference is due when a statute is “ambiguous,” though not when it is “clear.”

But, Kavanaugh argued, how are courts to understand the “clear/ambiguous” dichotomy?  They must do so in order to give the agency the deference due to it under Chevron.  But the dichotomy seems to be more like a gradient than a sharp, bright-line distinction.  How much “clarity” does a statute need to be considered “clear” and “unambiguous”?

In the end, and perhaps surprisingly, Kavanaugh’s critique of Chevron is fundamentally directed against the expansion of executive authority and in favor of broader congressional control.

Democrats usually present themselves as defenders of Congressional power, in opposition to Republicans, whom they portray as apologists for presidential power.

If Democratic senators chew on Kavanaugh’s opinions, however, they will find that he would return substantial power to lawmakers, and take it back from bureaucrats managed by the president.

What Kavanaugh does not have is a track record on the social and cultural issues that deeply divide the nation.

If Democratic senators were to put good judicial policy over partisan politics, they would rush to embrace a nominee who has no established positions on abortion, gay marriage, or privacy rights.

They followed such as strategy to great success with Justices Kennedy and David Souter, who were thought to be conservatives by Presidents Reagan and Bush, but who eventually came to uphold Roe v. Wade and other liberal landmarks.

But the left wing of the Democratic Party fears that these precedents will fall when Kavanaugh joins the court to form the first five-justice conservative majority in living memory, and will pull out all the stops to prevent it.

In the end, though, Kavanaugh’s credentials and track record will only make it all the easier for Republicans to confirm him to the Supreme Court and portray his Democratic opponents as obstructionist partisans.   

Senate GOP, Dems fight over Kavanaugh confirmation documents .
There's a Senate battle brewing over Democrats' requests for documents from Supreme Court nominee Brett Kavanaugh's career. No. 2 Senate Republican leader John Cornyn says he's heard "rumblings" that Democrats want "every scrap of paper" on Kavanaugh. A top Democratic aide says Democratic senators haven't yet agreed to meet with Kavanaugh and want to understand what documents they'll get to examine, especially from Kavanaugh's time as White House staff secretary under President George W. Bush. The aide says Democratic senators haven't agreed to meet with Kavanaugh because they want to understand what documents the White House and Republ

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