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Who is Brett Kavanaugh?
The Federal Judge of the Court of Appeal is on the short list of President Trump for the vacant post of the Supreme Court.
Did Justice Brett Kavanaugh Write the Roadmap for Saving ObamaCare? Passionate debate center in the conservative legal community for days as Kavanaugh, a federal appeals judge in the District of Columbia, finds himself as one of the four finalists of President Trump for a place at the Supreme Court the United States.
Trump should announce his choice to occupy the seat of Judge Anthony Kennedy Monday night. He did not put his hand down, but Kavanaugh was the first to fight for the title.
The allegation of conservative critics is rooted in an ObamaCare case in 2011 where Kavanaugh was dissenting against the ruling, but acknowledged that the "individual warrant provision" of the Affordable Care Act could "comfortably lodge itself in power." of Congress ".
say that the language helped provide the road map for the Supreme Court to confirm the warrant a year later.
"Even though he avoided a final decision on the merits of the case, Kavanaugh has shown himself as supportive of the warrant," wrote the conservative health care expert. Christopher Jacobs for The Federalist. "The worst of all, in doing so, he cultivated a theory that eventually led Chief Justice John Roberts to respect the mandate."
The Supreme Court upheld the individual mandate of ObamaCare requiring individuals to purchase health insurance in 2012.
The Conservative Chief Justice appointed by George W. Bush, s. ranged on the side of the court liberals in deciding that the government could mandate the purchase of health insurance under its power to tax.
Some conservatives accuse Kavanaugh of supporting the idea that the individual warrant could be considered a tax
BATTLE LINES DRAWN WHILE A CONSERVATIVE GROUP LAUNCHES AND ADOPTS A PICK TRUMP
But Kavanaugh's supporters say the argument is wrong.
"It's nonsense, and conservatives should not" Walker says Kavanaugh's "hypothetical discussion" about the tax clause "[TRADUCTION]" I know this opinion very well because I was the Kennedy Law Clerk at that time, [traduction] "I am very aware of this opinion." Walker said. "I can tell you with certainty that the only judges who followed a roadmap from Brett Kavanaugh were those who said that Obamacare was unconstitutional."
As Trump and the Republican Congress upset the individual mandate of the law from next year. we do not know if the question would be heavy for the president. He teased his decision Monday morning, tweeting:
"I've heard for a long time that the most important decision that a US president can make is the selection of a judge from Supreme Court – Will be announced tonight at 21:00 "
is one of four federal appellate judges considered finalists. The others are Raymond Kethledge, Amy Coney Barrett and Thomas Hardiman
While Kavanaugh has his share of fervent supporters, his conservative critics have drawn attention to other presumed responsibilities, including deep ties with the Bush family who could make it too. establishment "for the anti-establishment Trump. Kavanaugh worked as a White House aide and was appointed to the federal judiciary by President George W. Bush. His wife, Ashley, worked as a personal secretary to Bush.
Some conservatives have also expressed concern about Kavanaugh's views in a 2017 case involving a clandestine immigrant seeking an abortion. Kavanaugh was dissenting from the court's possible decision to authorize the abortion, but pro-life conservatives criticized him for not going far enough. Specifically, they expressed concerns about the language in which Kavanaugh wrote "the illegitimate immigrant minor is supposed to have a right to an abortion."
"This case illustrates why Kavanaugh is not the best prospect of the Supreme Court, "writes Phillip Jauregui, the president of the Legal Action Group, in a recent note.
Regardless of Trump's choice, the Conservatives are preparing for a fervent confirmation process, with Republicans holding a slim majority in the Senate and Liberals fearing that Trump's choice might join the Conservatives on the court at the time. future to overturn Roe v. Wade who allowed the abortion.
Fox News has learned that conservative Judicial Crisis Network will launch a $ 1.4 million advertising purchase to support the future candidate, commercials in Alabama, Indiana, North Dakota and Virginia – Western – states with Democratic senators to support Trump's candidate.
John Roberts of Fox News contributed to this report.
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