Brett Kavanaugh Could Cement Conservative Majority for Decades

It's the big story, and it's great!

At NYT, "Senate Democrats Come Out Swinging in Long-Shot Fight to Block Kavanaugh":


President Trump on Monday nominated Judge Brett M. Kavanaugh, a politically connected member of Washington’s conservative legal establishment, to fill Justice Anthony M. Kennedy’s seat on the Supreme Court, setting up an epic confirmation battle and potentially cementing the court’s rightward tilt for a generation.

Presenting Judge Kavanaugh at the White House, Mr. Trump described him as “one of the finest and sharpest legal minds in our time,” and declared him a jurist who would set aside his political views and apply the Constitution “as written.”

The nomination of Judge Kavanaugh, 53, a federal appeals court judge, former aide to President George W. Bush and onetime investigator of President Bill Clinton, was not a huge surprise, given his conservative record, elite credentials and deep ties among the Republican legal groups that have advanced conservatives for the federal bench.

But his selection will galvanize Democrats and Republicans in the months before the midterm elections. Moments after the announcement, the Senate Democratic leader, Chuck Schumer of New York, declared, “I will oppose Judge Kavanaugh’s nomination with everything I have.” Senator Mitch McConnell of Kentucky, who leads the barest of Republican majorities, had expressed misgivings about his path to confirmation, but said he was a “superb choice.”

Justice Kennedy, who is retiring, held the swing vote in many closely divided cases on issues like abortion, affirmative action, gay rights and the death penalty. Replacing him with a committed conservative, who could potentially serve for decades, will fundamentally alter the balance of the court and put dozens of precedents at risk.

Judge Kavanaugh’s long history of legal opinions, as well as his role in some of the fiercest partisan battles of the last two decades, will give Democrats plenty of ammunition for tough questions. Nearly 20 years ago, working for the independent counsel Kenneth W. Starr, he laid out broad grounds to impeach Mr. Clinton — words that Democrats can now seize on to apply to Mr. Trump and the Russia investigation.

In choosing Judge Kavanaugh, the president opted for a battle-scarred veteran of Republican politics but also someone with close ties to the Bush family — a history that aides to Mr. Trump said he viewed as a strike against him and had to overcome.

Before serving Mr. Bush in the White House, Judge Kavanaugh worked for him in the 2000 presidential vote recount in Florida. When Mr. Bush nominated him in 2003 to the United States Court of Appeals for the District of Columbia Circuit, Democrats complained that he was too partisan. He survived a contentious confirmation hearing and was confirmed in 2006.

In his remarks, Judge Kavanaugh, who once clerked for Justice Kennedy, said he would “keep an open mind in every case.” But he declared that judges “must interpret the law, not make the law.”

Democrats are still bitter that Republicans blocked President Barack Obama’s nomination of Judge Merrick B. Garland to fill the last Supreme Court vacancy, created by the death of Justice Antonin Scalia in 2016. Republicans denied Judge Garland a hearing, arguing that the right to name a justice ought to be left to Mr. Obama’s successor...
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And lots of stuff at Memeorandum.

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