SCOTUS Nominee: Presidents Should Not Be Criminally Prosecuted

12 July, 2018, 05:31 | Author: Darnell Taylor
  • Dursun Aydemir  Anadolu Agency  Getty ImagesNATO's logo is seen at the NATO's new headquarters in Brussels Belgium

It was originally reported by Burgess Everett and Heather Caygle on politico.com July 10, 2018.

Even as he was broadly welcomed by Senate Republicans, and a handful of Democrats expressed openness to his confirmation, the hurdles for the conservative DC Circuit Court judge are taking shape.

Many analysts also agree that even with the Supreme Court's likely philosophical shift, Roe v. Wade might not actually be overturned at all. And the spectre of Robert Mueller's Russian Federation probe will hang over the confirmation into the fall.

In nominating Brett Kavanaugh to the U.S. Supreme Court, President Trump made the cautious choice. Because the Court's prior jurisprudence may hang in the balance, these areas should shape the Senate's questioning during the confirmation hearings.

Kavanaugh's nomination has already sparked controversy among Democrats - Senate Minority Leader Chuck Schumer promised Monday evening to fight the nomination "with everything I have" during the nomination process.

Republicans hold a slim 51-49 majority in the Senate - but Senator John McCain (R-Arizona) isn't expected to vote due to medical issues that make it hard for him to travel to Capitol Hill. With the Florida votes still undecided in December because of a state-mandated recount due to the razor-thin margin of the election results, Kavanaugh joined Bush's legal team, which was trying to stop the ballot recount in the state.

But he might take issue with the judge's 2011 ruling in favor of EPA's retroactive veto of a West Virginia mountaintop-removal mining project. It's meant to be the basis for people living in all the United States.

HIRONO: Judge Kavanaugh is not exactly in the mainstream. That a vote for Kavanaugh "is a vote to end protections for patients with pre-existing conditions", in the words of Senator Patty Murray (D-Wash.). "That's why you have a judge". Now, Justice Kennedy was the swing vote that prevented that. And that puts Murkowski and Collins, who back abortion rights, in a tough spot. We can not know whether a Justice Kavanaugh would take the last step to overturn Roe-though the Federalist Society apparently thinks that he would. In a 1989 piece for the Yale Law Journal, he discussed a 1986 Supreme Court ruling in Batson v. Kentucky that outlawed using race as the sole criteria for preemptive challenges to jurors, under the Equal Protection Clause. "One of many big factors".

Sam Erman, associate professor and constitutional law expert at the USC Gould School of Law, said decisions limiting federal power might portend good things for states.

The abortion group did at least know to name Kavanaugh in its tweet.

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"We're leaving no stone unturned and are searching for all publicly available information that can properly highlight the dangers of giving Kavanaugh a lifetime appointment to the Supreme Court", Harrell Kirstein, the group's communications director, said in a statement.

"That exchange doesn't happen". It won't happen. Kavanaugh has specifically said he is for nothing that far-reaching. But more often than not it's not wholly definitive. How did we arrive in this nightmare scenario, again?

The libertarian-leaning Paul is never one to give up his vote easily.

As of Wednesday morning, Kavanaugh is scheduled to meet with Republican Sens.

Paul has always been against sweeping collection of data from U.S. spy agencies, even briefly shutting down portions of the Patriot Act in 2015.

"Critical national security need outweighs the impact on privacy occasioned by this programme. In short, the government's programme fits comfortably within the Supreme Court precedents", Kavanaugh wrote. "Brett Kavanaugh is hands down among the finest".

Cramer's campaign office had nothing to add Tuesday afternoon. The president has faced allegations of sexual harassment and remains under investigation for obstruction of justice in the Russian Federation election meddling investigation.

Ironically, though, the same Republican lawmakers calling for a swift confirmation pledged to do anything they could to keep President Barack Obama's Supreme Court justice nomination, Merrick Garland, from getting a hearing in 2016, arguing that the decision should be left to the next president.

Click the video above to watch our complete interview with Starr.

The attorney says without question the high court will be moving further to the right when it comes to respecting the Constitution and the First Amendment.

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