Tag Archives: Supreme Court nominee

Kavanaugh heads toward final Senate vote for Supreme Court post

U.S. Supreme Court nominee judge Brett Kavanaugh is seated before his Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 4, 2018. REUTERS/Chris Wattie

By Richard Cowan and Amanda Becker

WASHINGTON (Reuters) – President Donald Trump’s nominee Brett Kavanaugh took a step on Friday toward joining the Supreme Court when the U.S. Senate approved him in a preliminary vote, despite accusations of sexual misconduct against the judge.

After a bitter partisan fight that gripped the country, lawmakers backed Kavanaugh by 51 to 49 in a procedural vote that moved the Republican-controlled Senate toward a definitive decision on whether to confirm him.

The full confirmation vote could take place as early as Saturday.

Given the result of Friday’s vote, federal appeals court judge Kavanaugh looked on track to get the lifetime job on the Supreme Court. But a change of heart by some lawmakers in the final vote would mean his confirmation could still be derailed.

Confirmation would hand Trump a clear victory and tip the balance on the court to a 5-4 majority in favor of conservatives in possible legal battles ahead over contentious issues such as abortion rights, immigration, and Trump’s attempt to ban transgender people from the U.S. military.

The Kavanaugh fight has riveted Americans just weeks before Nov. 6 elections in which Democrats are trying to take control of Congress from the Republicans.

What was already a sharply partisan battle became an intense political drama when university professor Christine Blasey Ford accused Kavanaugh of sexual assault when they were in high school in Maryland in 1982. Two other women also made accusations of sexual misconduct by Kavanaugh in the 1980s.

He denied the allegations.

Kavanaugh’s fate might still be in the hands of a few key

senators in a chamber where Republicans hold only a razor-thin majority.

One of them, Republican Susan Collins, voted in favor of advancing the process on Friday, but said she would announce later in the day whether she would support Kavanaugh in the final vote still ahead.

Democrat Joe Manchin and Republican Jeff Flake voted to advance Kavanaugh, but neither has stated his position on a final vote.

Further complicating matters for the Republican leadership, Senator Steve Daines was set to be at his daughter’s wedding on Saturday and has said he will not miss the ceremony. That may require a delay in the final vote.

FLASHPOINT

Ford’s testimony to the Senate Judiciary Committee was broadcast live on television last Thursday and captured the attention of millions watching.

In an angry rebuttal later that day, Kavanaugh said the accusations were part of a “political hit” by Democrats.

His nomination became a flashpoint in the #MeToo movement against sexual harassment and assault. Trump mocked Ford on Tuesday during a political rally in Mississippi, further angering Democrats and women campaigning for an end to sexual violence.

Trump, himself accused by numerous women during the 2016 presidential election of sexual misconduct, wrote on Twitter on Thursday that an FBI report showed that the allegations against Kavanaugh were “totally uncorroborated.”

The FBI sent Congress documents detailing additional interviews about Kavanaugh that the agency conducted at the request of some Republican and Democratic senators.

While the documents have not been made public, Republicans said they did not back up sexual assault allegations by Ford, a psychology professor at Palo Alto University in California.

Similarly, Republicans said the FBI found nobody to support assault claims by Deborah Ramirez, who was a classmate of Kavanaugh’s at Yale University in the 1980s.

Democrats called the FBI report a whitewash and said the White House placed constraints on the FBI, which did not speak to many potential witnesses.

(Reporting by Amanda Becker and Richard Cowan; Additional reporting by David Morgan, Ginger Gibson, David Alexander, Lisa Lambert and Kevin Drawbaugh; Writing by Alistair Bell; Editing by Frances Kerry)

Ducking queries on Trump, Supreme Court nominee resumes U.S. Senate test

Supreme Court nominee Brett Kavanaugh testifies during the second day of his confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, U.S., September 5, 2018. REUTERS/Joshua Roberts

By Lawrence Hurley

WASHINGTON (Reuters) – Supreme Court nominee Brett Kavanaugh will face a final barrage of questions on Thursday in a multi-day U.S. Senate confirmation hearing, as Democrats press him on his independence from the man who nominated him, President Donald Trump.

A conservative appeals court judge and former Republican White House aide, Kavanaugh has stressed his independence. But in a more than 12-hour session on Wednesday, he sidestepped questions about the scope of presidential power.

The hearing’s focus on that issue came amid a widening probe into Russian meddling in U.S. politics and turmoil within the White House, clouding the presidency of Trump, who is working to get more conservative judges appointed to the federal courts.

If confirmed to a lifetime appointment, Kavanaugh is seen as likely to tilt the nation’s highest court even further to the right. That prospect worries Democrats and heartens Republicans on volatile issues ranging from abortion to guns to business regulation.

Kavanaugh has been an appeals court judge for 12 years and earlier worked for former Republican President George W. Bush.

After more questions from senators on Thursday, his hearing is set to wrap up on Friday with testimony from outside witnesses. Republicans hope Kavanaugh will be confirmed by the Senate before the start of the next Supreme Court term on Oct 1.

Senate Democrats have vowed a fierce fight to block him. But Trump’s fellow Republicans hold a slim Senate majority and there are no clear signs of defections in their ranks. As a result, it is likely that Kavanaugh will be confirmed.

‘HYPOTHETICAL QUESTION’

On presidential power, Kavanaugh declined on Wednesday to pledge he would step aside from any cases that might come before the court involving Trump’s conduct.

Trump has often criticized the judiciary. Some liberals have expressed concern Kavanaugh could be a rubber stamp for Trump and protect him from lawsuits and investigations.

Asked if he would have any trouble ruling against Trump or the executive branch, Kavanaugh replied: “No one is above the law in our constitutional system.”

He dodged a question about whether a president must respond to a subpoena, an issue that could come into play as Special Counsel Robert Mueller investigates possible collusion between Trump’s 2016 presidential campaign and Moscow.

“I can’t give you an answer on that hypothetical question,” Kavanaugh said.

He also avoided clearly answering a question about whether a president could pardon himself or someone else in exchange for a promise not to testify against him.

On abortion, Kavanaugh signaled respect for the landmark 1973 Roe v. Wade Supreme Court ruling legalizing the procedure nationwide. He called it an important legal precedent reaffirmed by the justices over the decades.

Liberals are concerned Kavanaugh could provide a decisive fifth vote on the nine-justice court to overturn the 1973 abortion ruling.

Kavanaugh called the Roe decision “an important precedent of the Supreme Court that has been reaffirmed many times.” He highlighted the 1992 Planned Parenthood v. Casey ruling that reaffirmed Roe, calling it a “precedent on precedent.”

Trump picked Kavanaugh, 53, to replace Justice Anthony Kennedy, who announced his retirement in June.

(Reporting by Lawrence Hurley; Editing by Kevin Drawbaugh and Peter Cooney)

Trump’s Supreme Court nominee emphasizes judicial independence

U.S. Supreme Court nominee judge Brett Kavanaugh testifies during his Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 5, 2018. REUTERS/Chris Wattie

By Lawrence Hurley

WASHINGTON (Reuters) – Brett Kavanaugh, President Donald Trump’s U.S. Supreme Court nominee, sought to stake out his independence on Wednesday as he faced his first questions during the second day of his contentious Senate confirmation hearing.

“I think the first quality of a good judge in our constitutional system is independence,” the conservative federal appeals court judge said in response to a question by the Judiciary Committee’s Republican chairman, Chuck Grassley.

“No one is above the law in our constitutional system,” Kavanaugh added.

As they did the day before, protesters repeatedly interrupted the session, opposing Kavanaugh’s nomination.

The confirmation hearing opened on Tuesday with a chaotic session in which Democrats complained that Republicans withheld documents concerning Kavanaugh’s work in former President George W. Bush’s White House more than a decade ago that they said they needed to review to properly vet the nominee. Capitol Police on Tuesday removed 61 protesters opposed to Kavanaugh from the room and charged them with disorderly conduct.

Trump has often criticized the federal judiciary. Kavanaugh underscored the importance of judicial independence, saying, “That takes some backbone. That takes some judicial fortitude.”

In citing examples of judicial independence, Kavanaugh mentioned a 1954 ruling ending racial segregation in public schools and a 1974 ruling ordering President Richard Nixon to hand over subpoenaed materials during the Watergate scandal.

He also said he would respect past Supreme Court rulings.

Democratic senators plan to press Kavanaugh on abortion, gun rights, among other issues.

Kavanaugh, who made an opening statement to the committee on Tuesday, entered the hearing room and took his seat alone at the witness table, pouring some bottled water into a glass moments before the hearing began.

Shortly after Grassley opened the session, protesters began interrupting the proceedings and were hauled out of the room by security personnel.

If confirmed, Kavanaugh is expected to move the court, which already had a conservative majority, further to the right. Senate Democrats have vowed a fierce fight. But with Trump’s fellow Republicans holding a slim majority in the Senate, and with no sign of any of them voting against the nomination, it remains likely Kavanaugh will be confirmed to the lifetime job on top U.S. judicial body.

Trump picked Kavanaugh to replace Justice Anthony Kennedy, who announced his retirement on June 27. At age 53, Kavanaugh could serve on the court for decades.

Republicans said Democrats have more than enough documents to assess Kavanaugh’s record, including his 12 years of judicial opinions as a judge on the U.S. Court of Appeals for the District of Columbia Circuit.

The hearing has given Democrats a platform to make their case against Kavanaugh ahead of November’s congressional elections in which they are seeking to regain control of Congress from the Republicans.

Liberals are concerned Kavanaugh could provide a decisive fifth vote on the nine-justice court to overturn or weaken the landmark 1973 Roe v. Wade ruling that legalized abortion nationwide.

Kavanaugh also is likely to be questioned about his views on investigating sitting presidents and the probe by Special Counsel Robert Mueller into alleged Russian meddling in the 2016 U.S. presidential election and possible collusion between Moscow and Trump’s 2016 campaign. Trump has denied any such collusion and has called Mueller’s investigation “witch hunt.”

In 2009, Kavanaugh wrote a law review article saying presidents should be free from the distractions of civil lawsuits, criminal prosecutions and investigations while in office.

(Reporting by Lawrence Hurley, Ginger Gibson and Amanda Becker; Editing by Will Dunham)

Democrats vow ‘sparks will fly’ over Trump’s Supreme Court pick

FILE PHOTO: Supreme Court Justice nominee Brett Kavanaugh pictured at his office in the Russell Senate Office Building in Washington, U.S., July 11, 2018. REUTERS/Leah Millis/File Photo

By Lawrence Hurley

WASHINGTON (Reuters) – U.S. Senate Democrats plan to hammer President Donald Trump’s Supreme Court nominee Brett Kavanaugh on his views on abortion and presidential power in hearings starting on Tuesday but the conservative judge looks likely to be confirmed.

“A good judge must be an umpire – a neutral and impartial arbiter who favors no litigant or policy,” Kavanaugh will say at the opening of the hearing, according to a selection of his remarks released in advance. “I don’t decide cases based on personal or policy preferences.”

Trump’s fellow Republicans hold narrow majority control of the Senate so they can approve Kavanaugh if they stay united. So far, there were no signs of defections, with the Senate likely to vote by the end of the month.

The hearing, expected to last four days, gives Democrats a chance to make their case against Kavanaugh ahead of November’s congressional elections.

“There will be sparks at this hearing. Sparks will fly, and there will be a lot of heat,” Democratic Senator Richard Blumenthal, a member of the judiciary committee that will convene the hearings, said on Friday.

Trump nominated Kavanaugh, 53, to replace Justice Anthony Kennedy, who announced his retirement on June 27 at age 81. He is Trump’s second nominee to a lifetime appointment to the nation’s highest judicial body. Trump last year appointed Justice Neil Gorsuch, part of his push to make the courts more conservative.

Liberals are concerned Kavanaugh could provide a decisive fifth vote on the nine-justice court to overturn or weaken Roe v. Wade, the landmark 1973 case that legalized abortion nationwide.

Without Kennedy, the court is now split 4-4 between conservatives and liberals. Kennedy was a solid conservative but sided with the court’s liberals on some issues, including abortion and gay rights.

Beyond social issues, Kavanaugh is also likely to face questions about his views on investigating sitting presidents and the ongoing probe led by Special Counsel Robert Mueller into Russian meddling in the 2016 U.S. presidential election and possible collusion between Moscow and the Trump campaign.

Kavanaugh spent four years working for Kenneth Starr, the independent counsel who investigated former Democratic President Bill Clinton in the 1990s. Kavanaugh also spent more than five years working for Republican President George W. Bush.

In 2009, many years after the Starr inquiry, Kavanaugh wrote a law review article saying presidents should be free from the distractions of civil lawsuits, criminal prosecutions and investigations while in office.

As a judge, he has amassed a solidly conservative record since 2006 on the influential U.S. Court of Appeals for the District of Columbia Circuit.

With Senator John McCain’s death, the Republican Senate majority shrank to 50-49, but McCain’s replacement is likely be seated before a final vote on Kavanaugh, restoring the majority to 51-49 and providing the votes needed for confirmation.

Liberal activists have pinned their slim hopes to block Kavanaugh on two Republican senators who support abortion rights: Susan Collins and Lisa Murkowski. So far, neither has indicated she is likely to oppose Kavanaugh.

(Reporting by Lawrence Hurley; Additional reporting by Lisa Lambert; Editing by David Gregorio and Bill Trott)