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Brett Kavanaugh is not Anthony Kennedy. The sentence seems trivial, but it sums up the problem and the scope of Trump's appointment to the Supreme Court. Kennedy was undoubtedly a conservative. But he was a conservative interested in consensus and commitment. Something that was already reflected in his nomination and confirmation: he was nominated by Republican Ronald Reagan and confirmed by a Senate controlled by the Democrats with an overwhelming 97-0 majority. In his three decades as a Supreme Court justice, Kennedy has become a bridge and an often unpredictable balance in an increasingly polarized court between Democrats and Republicans.
Probably the most important evidence of Kennedy's independence was that this conservative judge became a defender of gay rights and, among other things, consecrated marriage between homobaduals in the Constitution. In another landmark decision, Kennedy voted in favor of permission to burn the American flag because he considered it to be part of the freedom of expression. He did so although, as he himself has said, he does not approve of this decision, but it seems obligatory according to his understanding of the law and the Constitution.
With President Donald Trump, the United States is even less polarized. able to reach a consensus that before. With the appointment of Kavanaugh, the Supreme Court threatens to become another play in the Trump system, with consequences that could have a negative impact beyond its own mandate.
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Trump had already promised to & # 39; establish a permanent Conservative majority during his election campaign. It was a smart decision because it convinced many Republicans that they had their problems with Donald Trump. As president, he kept his promise: last year, he appointed Conservative Judge Neil Gorsuch. But because Gorsuch was the successor to conservative judge Antonin Scalia, the appointment for Kennedy's post has another dimension. Unlike the late Scalia, Kennedy was not a permanent and reliable voice for conservatives
Reliable Conservative
This is exactly the role that now falls to Kavanaugh, according to Trump and Republicans' hopes and hopes could be fulfilled: like all other Trump candidates, Kavanaugh was short-listed by the conservative Federalist Society and approved for his conservative interpretation of the law. But Kavanaugh is not only in reliable legal terms for conservatives but also politically. He worked for five years at the White House under the presidency of George W. Bush. He had previously worked for Special Investigator Kenneth Starr. The Starr report led to the proceedings against President Bill Clinton.
But although Trump promised to appoint Conservative judges to overturn the contribution law, Kavanaugh's likely confirmation does not mean that it will happen soon. It is also unlikely that Supreme Court decisions on same-bad marriage or other anti-discrimination laws will be overturned.
Delayed to the Right
On the contrary, a lasting and gradual erosion of liberal realizations in large-scale society that could change the country in the coming decades. Regarding the abortion law, for example, instead of directly repealing the judgment Roe v. Russia, no. Wade of 1974, there could be a gradual hardening of conditions, more difficult access and a transfer of interpretation and. Such a strategy could have the same long-term consequences or even worse than a possible ban, since it could be implemented relatively easily.
But precisely because the effects of the replacement of the Supreme Court would not be immediately visible, it is important to clarify: with the appointment and likely confirmation by the Senate of Kavanaugh, the Supreme Court goes to the right. At the same time, the division between liberal and conservative judges deepens. With that, the court is late with the steps of American politics and society. Because what few could have imagined before the candidacy of Donald Trump, now becomes a bitter reality. With President Donald Trump, the United States has become even more polarized and even less able to reach consensus than before. With the appointment of Kavanaugh, the Supreme Court threatens to become one more piece in the Trump system, with consequences that could have a negative impact beyond its own mandate
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