Martin Gelin: The Judiciary May Be One of Trump's Most Important Political Achievements



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In the run-up to the 2016 presidential election, political experts repeatedly reminded us how much the issue of the election was enormous. The winner may have a historic chance to change the political dynamics of the Supreme Court, with political consequences for many decades to come. He became known to Donald Trump who was lucky and now he has benefited.

With the appointment of Brett Kavanaugh, who can replace long-term judge Anthony Kennedy, Trump gets an opportunity to shift the balance of power in the backyard of a solid climb to the right. Kavanaugh has long been supported by Republicans and has clearly taken a stand for conservative values ​​and a conservative interpretation of US foundations. In the short term, for example, Barack Obama's abortion rights and health reform may be compromised if Kavanaugh is appointed to the Supreme Court.

In 2006, Kavanaugh was appointed Federal Judge by George W. Bush. The Senate Democrats then voted for him.

This time, things get tougher, but when Republicans have a narrow majority in the Senate, with 51 seats against 49, few Democrats can do to stop the nomination.

Mitch McConnell, Republican Speaker of the Senate, hailed the choice of Kavanaugh, who, according to McConnell, is a respected attorney "with a clear understanding of the role of judges in our republic."

George W. Bush, who is now discreet now, spoke with a rare political stance in a press release where he gave Kavanaugh a warm eulogy, as an "outstanding candidate."

The main figures of the Democrats in the Senate attacked Kavanaugh immediately with harsh criticism.

– By choosing Brett Kavanaugh, President Trump has filed abortion rights and medical protection for millions of Americans on the legal casualty table, said Chuck Schumer, Democratic Speaker of the Senate.

The five senators who criticized Kavanaugh most were Elizabeth Warren, Kirsten Gillibrand, Cory Booker, Bernie Sanders and Kamala Harris. The common point to all five is that, to a certain extent, they seem to plan candidates for the next presidential election, where the Supreme Court will again be a key issue.

A controversial aspect of Kavanaugh's appointment is that he seems to have taken the position that an independent judge should not investigate a president. The question is particularly sensitive when Donald Trump is currently confronted with various investigations, since the thorough study of the special prosecutor Robert Mueller on Trump's relations with Russia and possible breaks during the election campaign, to countless investigations of corruption and sexual abuse. Akhil Amar, a law professor and good friend of Kavanaugh, himself stated that he believed that Trump was attracted to Kavanaugh "by respecting the power of the president." Thus, we can see the appointment of Kavanaugh as another aspect of Trump's attempt to transform the American judicial system in a way that not only promotes his ideology, but also saves him from his own legal problems. It is not unlikely that, for example, Mueller's investigation will lead to cases that will have to be resolved in the Supreme Court. With Kavanaugh as a judge, it is a little more likely that Trump is unscathed from such a process.

In a remarkable 2009 article for the Minnesota Law Review, Kavanaugh wrote that a president should have the right to avoid moods and investigations. It is particularly remarkable because Kavanaugh was of a different opinion when a Democrat was in the White House. In the 1990s, Kavanaugh not only made a positive appeal to the investigation against President Bill Clinton, but it is even Kavanaugh himself who led a part of the investigation when he was in charge. he was the author of the famous Starr report.

When George W. Bush became president, Kavanuagh changed and no longer considered that Presidents Presidents should be distracted by such inquiries. According to Kavanaugh, the only case of arresting a criminal president should be to submit them to the Supreme Court, which can only be done by Congress

– When Clinton was president, Kavanaugh believed in a balance of powers where presidents could be pursued. But as soon as he became a Republican president, he claimed that it was against the constitution, "said Caroline Fredrickson, legal expert of the American Constitution Society, following the announcement. Announcement of Appointment

Appearing late on Monday night, Kavanaugh responded by shouting at the president.Kavanaugh turned to Trump and said: "I saw how you appreciate the important role of the American judicial system "Many legal experts, in fact, consider that no president in modern times has shown less respect for the American legal system than just Trump."

Trump also has in several Famous cases made personal attacks against individual judges, which is unique to a seated president.In one noted case, he also argued that a federal judge was unable to make objective decisions because he was not a judge. ;he was

Outside the Washington Supreme Court on Monday night, protesters criticized Kavanaugh as a threat to Barack Obama's health care reform. Although Kavanaugh's nomination is characterized by loud debate and angry protests from Democrats and the American left, it is likely that it will be approved. In such cases, one of Donald Trump's most important political triumphs will be so far. The Supreme Court has immense importance for the development of American politics. If Kavanaugh is approved, Trump has already appointed, after less than two years in the White House, two relatively young and very conservative judges to the US Supreme Court. This will profoundly mark US policy for a generation ahead.

It is also worth noting how much Donald Trump handled the underlying political game that helped to name Kavanaugh.

This week a visit to Europe for Trump awaits you. In England, he will be met by protesters who have been allowed to hoard a giant balloon that represents Trump as a harassed baby. This is a popular caricature of the president, often produced as childish. But anyone studying the sophisticated power play behind the appointment of a new Supreme Court Justice realizes that it is a more calculating president. Over the last year, Trump and his advisers deliberately tried, with subtle signals, to convince Anthony Kennedy that it was acceptable to retire. Among other things, Trump repeatedly named federal judges whom Kennedy admired, or who often had Kennedy as a mentor. Trump also reported, already last year, that Kavanaugh was one of the people he could consider a successor to Kennedy. He learns that Kennedy, 81, liked when Kavanaugh was working for him earlier.

Kennedy was also a conservative judge, but not as conservative as Kavanaugh. True, it means that Trump is able to move the Supreme Court further on the right side. In legal expert analyzes, Kavanaugh is placed to the right of John Roberts and Samuel Alito, two of the most conservative judges in modern court history

long after Trump left the White House, we will see the consequences. [ad_2]
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