What we need to know about the selection of a Supreme Court nominee

The former White House Ethics Counselor, President Barack Obama, Bob Bauer: [19659004] However, Judge Kavanaugh addresses his testimony, it is always fair to ask if the positions that he has clearly stated so far weigh in favor of recusation. The President is well aware of Kavanaugh's point of view and would have every reason to name him at least in part for these reasons. After all, these are issues on which the President has regularly and pbadionately opined, and the resolution on which his presidency may well depend. Apparently, Kavanaugh's involvement in these decisions would raise serious questions. In essence, it will be difficult for a Kavanaugh Associate Judge to persuasively badert that, even with the best of intentions, he can achieve total impartiality in cases where he is under pressure from two converging directions: presidential immunities are those over which he has generally strong opinions, and he will decide them with potentially disastrous consequences for the president who appointed him [.] The judgment he handed down years ago on the problems faced by the independent and special council will come back to haunt him: no justice appointed in these circumstances "will have the credibility necessary to avoid the inevitable accusations that he is politically motivated."

For these reasons, some might argue that because Justice Kavanaugh faces the requirement or challenge in these cases His appointment would be reckless. It is not in the interest of the nation to have these issues lag behind a confirmed bench justice in the middle of the Russian investigation. It is impossible to predict a good result. Beyond Kavanaugh, this appointment to the Supreme Court is unique, not only because Trump has to choose a judge who will decide issues that concern him personally (for example, a subpoena, sorry) but also because of the fact. he chose to delegate a huge responsibility and influence to outside conservative legal advocates who were looking for specific results from potential candidates.

Bauer advises: "Any expectations expressed by the president, including in his feverish practices of tweeting, the judges should address these issues would raise the issue.The structure and substance of any questionnaire used by the White House to probe the point The candidate's perspective or preparation for the confirmation process is relevant to the challenge issue. "He added," Every exchange or document reflecting these issues and concerns should be a matter of public record. complete accounting on the part of the candidate. "This must however extend to Leonard Leo, the Federalist Society and other external persons who have approved, approved or disapproved candidates. a very big problem since a donation of $ 1 million to the inauguration committee may be back to Leo. (Is this the rate in effect for a Swing Judge?)