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Right to abortion, same-bad marriage, abolition of the death penalty … What if these social gains were called into question? The American Democrats fear him since the appointment, announced this Monday, of Judge Brett Kavanaugh to the Supreme Court.
The magistrate succeeds to Anthony Kennedy, 81 years, and thus rock the institution which cuts the debates of the American society in conservatism. They will now be five conservative members against four progressives.
Right to abortion threatened
This new balance of power gives pledges to conservative Christians and poses a danger to social rights and freedoms. He is particularly worried about pro-abortion. Unlike France, this right is not based on a law but on a decision of the Supreme Court of 1973, Roe v. Wade.
"This appointment may endanger the right to abortion, which has benefited millions of women and families for more than four decades," responded on Monday the American Union for Civil Liberties ( ACLU)
Donald Trump was pleased last May that America has a President, a Vice President, a House of Representatives and 25 capitals of anti-abortion states.
For the first time since Roe v. Wade, America has a Pro-Life President, a Pro-Life Vice President, a Pro-Life House of Representatives and 25 Pro-Life Republican State Capitals! pic.twitter.com/EfF54tmetT
– Donald J. Trump (@realDonaldTrump) May 23, 2018
The arrival of Brett Kavanaugh petrifies the pro-IVG. They fear a deluge of obstacles imposed by the republican states and validated by an ultra-conservative dominant court.
The magistrate "may well gut #RoeVsWade and criminalize abortion," says on Twitter Ilyse Hogue, president of the pro-abortion NGO Naral
Brett Kavanaugh has not yet taken a public stand on the issue of abortion but he has participated in the drafting of a decree forbidding an undocumented adolescent in detention of power abort.
Brett Kavanaugh, a young woman, was born in the United States. He's a sure fire bet to go #RoeVsWade and criminalize abortion. #SCOTUSNomination #scotuspick
– ilyse hogue (@ilyseh) July 10, 2018
Concerns About LGBT Rights
On June 26, 2015, same-bad marriage was legalized in all the country, in the name of equality before the law. In the face of Brett Kavanaugh's traditionalist religious values, some worry about the future of LGBT rights.
Under the #StopKavanaugh hashtag, Rachel Tiven, president of the LGBT Lambda Advocacy Organization, shares her concern that Gay rights be "undermined by a hyper-conservative judge."
The question is not about marriage, but it's likely that it will be undermined by a hyper-conservative judge like Brett Kavanaugh. #StopKavanaugh
– Rachel B. Tiven (@rachelbtiven) July 10, 2018
Any legislation can be overturned by the Supreme Court, with no possibility of appeal. "Technically, judges can go back on the law on gay marriage, says Corentin Sellin, historian specializing in the United States. It is enough that they are five to oppose it. This situation is entirely conceivable insofar as the majority has switched to the conservative side.
But the ramparts rise and protect the right acquired since 2015. The Supreme Court can not be self-interested in a social issue. The case must be carried by one of the 50 states or by the federal state. "If a case concerning same-bad marriage reached this body, it is likely that it would refuse to rule on it again," says the historian. According to him, judges of the Supreme Court will prefer to let the federal legislator decide on the subject to avoid internal differences.
Another fear concerning the appointment of Brett Kavanaugh: his environmental position. In 2012, he was part of a panel that overturned a measure by EPA, the federal environmental protection agency, aimed at reducing air pollution between states.
Opposition mobilizes
The 53-year-old judge must now be confirmed by a vote of the Senate. Donald Trump wants to act quickly and take advantage of the narrow Republican majority in the upper house of Congress before the mid-term risky elections in November.
Exasperated that the US President has the opportunity to make a lasting impression on the Court supreme, the Democratic opposition intends to mobilize in the vote of confirmation of Brett Kavanaugh – a process that Mitch McConnell, the head of the Republicans in the Senate, wants to buckle in the autumn.
"We will fight tooth and nail against the appointment of Brett Kavanaugh ", tweeted Chad Griffin, president of the American organization Human Rights Campaign. He urges the Senate to follow suit.
Some moderate Republican politicians also warned that they would not automatically support Judge Kavanaugh. "I intend to carefully and carefully check the candidate nominated by the president," promised the Republican Senator Susan Collins.
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