Trump Appoints Brett Kavanaugh as Candidate for Next Supreme Court | Law

Donald Trump has named Brett Kavanaugh as his candidate for the US Supreme Court, lighting the wick of an acrimonious political battle and potentially placing the court on a more conservative path for decades to come.

The selection of federal appeals court judge was the signal of euphoria on the right and confirmed many progressive fears. If it is stamped by the Senate, this would be one of the most important decisions of the Trump presidency.

Kavanaugh's record will be the subject of careful scrutiny as to how he might vote in a future revision of Roe v Wade. 1973 decision that guarantees the right of a woman to an abortion. Last year, Kavanaugh ruled against a 17-year-old undocumented immigrant in federal custody who sought to immediately end his pregnancy, although he was overthrown by colleagues.

A special advisory investigation into Trump's alleged collusion with Russia also continues to be the deciding vote in whether a criminal prosecution is going ahead. He is likely to be questioned about his past claims that a sitting president should be protected from prosecution.

In a 2009 article, Kavanaugh wrote: "A serious constitutional question exists as to whether a president can be charged and tried during his tenure.

He also felt that "the indictment and the trial of a sitting president … would paralyze the federal government, rendering it unable to function with credibility on the international or national stage" and that " even the least burdens of a criminal investigation … Trump's choice comes less than two weeks after Justice Anthony Kennedy, often the "swing vote" in court rulings, has announced his retirement, and 18 months after he won the Conservatives' applause for Neil Gorsuch's nomination in court.

The announcement was made with fanfare in the East Room of the White House with the wife of Trump, Melania, Vice President Mike Pence and several senators present. A day of feverish speculation among journalists and social media ended with a few simple words.

"Tonight I have the honor and the privilege of announcing that I will appoint Judge Brett Kavanaugh to the United States Supreme Court" Trump said. Kavanaugh entered the room with his wife, Ashley, and his daughters, Margaret and Liza, with whom he lives in Maryland.

"In all legal circles, he is considered a judge – a true leader of opinion among his peer peers," said Trump. "He is a brilliant jurist, with a clear and effective writing style, universally regarded as one of the finest and sharpest legal minds of our time."

The President added: "There is no one in America more qualified for this position"

Appearing confident on the podium, Kavanaugh, 53, describes himself as "humiliated" and "deeply honored" by elevation. "He told Trump," Throughout this process, I have witnessed your appreciation of the vital role of the American judicial system. No president has ever consulted more widely, or spoken with more people from more walks of life, to get feedback on an appointment to the Supreme Court. "

Kavanaugh, anxious to avoid any ideology, added," My judicial philosophy is simple. A judge must be independent and must interpret the law, not make the law. A judge must interpret the laws as they are written. And a judge must interpret the constitution as written, informed by history and tradition and precedent.

The Yale graduate has served as a judge at the US Court of Appeals for the DC circuit since 2006, authoring more than 300 opinions, including 11 that have been upheld by the Supreme Court. Before becoming a judge, he worked as a White House lawyer for President George W. Bush, was a law clerk for the solicitor general's office, and said in a statement: "Brett is a brilliant lawyer who has faithfully applied the constitution and laws throughout his 12 years on the DC circuit. He is a husband, a father, a friend and a man of the highest integrity.

In the minutes following the announcement, a political confrontation was taking place in a clearly partisan spirit. Mitch McConnell, the Republican majority leader in the Senate, said, "President Trump has made an excellent choice … Judge Kavanaugh has strong academic credentials and is widely admired for his intelligence, experience and judicial temperament. exemplary. "

Leonard Leo, a key Trump advisor on Supreme Court appointments, said:" Brett Kavanaugh is among the most distinguished and respected judges in the country, with almost 300 opinions that clearly demonstrate the importance of the Supreme Court. equity and the commitment to interpret the constitution as it is written and to impose the limits of governmental power contained in the constitution. "

And Jeanne Mancini, president of the anti-government organization March for Life abortion: "He is exceptionally qualified for the role and will undoubtedly serve as a fair and independent judge who will remain faithful to the constitution."

But there was a chorus of alarm and condemnation of democrats and progressive groups, who staged a loud protest in the Supreme Court on Monday night. They believe that Kavanaugh will be much more conservative than Kennedy on issues such as abortion.

Chuck Schumer, Minority Leader in the Senate, said: "In choosing Justice Brett Kavanaugh for the Supreme Court, President Trump has placed the rights and freedoms I will oppose the appointment of Judge Kavanaugh with all What I Have. "

Nancy Pelosi, Leader of the Minority in the House, said," Justice Kavanaugh's long history of opposition to the fundamental right of every woman to make her own decisions. about his body, his family and his health care is a serious threat to women's rights and to the promise of freedom and justice for all. "

And Kamala Harris, Senator California and considered a candidate for Presidential election for 2020, said: "Judge Kavanaugh has always proved to be a conservative ideologue instead of a traditional jurist. Just last year, he ignored the precedent of the Supreme Court and opposed the health rights of a vulnerable young woman. This decision was annulled by a sitting of all the judges of his court. "

The organization Women's March said in a statement:" The Trump announcement today is a death sentence for thousands of women in the United States. United. The appointment of Judge Brett Kavanaugh threatens to dangerously move the highest court of our nation to the right and further erodes the protections of almost all marginalized groups in America.

"Trump Follows His Most Threatened Campaign Promises: The Muslim Ban: The Suppression of Immigration Now, Reversing Roe v Wade."

Kavanaugh is now likely to mount a military offensive. charm, visiting the senators in their offices before his confirmation hearing. Attention will quickly turn to two Republican senators and three Democrats who could turn out critical in a vote at the knife edge.

Republican Susan Collins of Maine, who previously supported access to abortion and who did not attend the Monday night event, gave little, saying only "I will conduct a thorough and careful review of the President's candidate for the Supreme Court, as I did with the five previous Supreme Court justices I considered."