The GOP dream for decades to come: How Kavanaugh could reshape abortion law, gay rights – and may even rule on whether Trump can be prosecuted when he replaces Scotus swing vote
Kavanaugh gave senators assurances he would be an ‘umpire’ who recognized established precedent
He is also a favorite of the conservative Federalist Society, and opponents fear he will allow abortion restrictions
His writings on executive power drew scrutiny at confirmation – and he has argued that presidents should remain immune from prosecution while in office
During testimony he would not say he would recuse himself from cases on whether Trump can be prosecuted
His angry defense against sex assault allegations bound Kavanaugh to Trump, although he has said he would act as an impartial ‘umpire’
Wouldn’t tip his hand on Obamacare, but Democrats fear he will rule against it and chip away at abortion rights
By GEOFF EARLE
DAILYMAIL.COM
5 October 2018
Conservatives are on the verge of reaching a dream decades in the making of tilting the balance on the Supreme Court with the now expected confirmation of Brett Kavanaugh on Saturday.
Kavanaugh’s confirmation went from pitched battle to likely outcome after GOP Sens. Jeff Flake and Susan Collins, along with Democrat Joe Manchin, announced they would vote to confirm him.
Barring an unexpected development, Republicans now have enough votes to tip the balance of the court. Kavanaugh is replacing his former mentor Justice Anthony Kennedy, for whom Kavanaugh clerked.
Given his age, 53, Kavanaugh could get the opportunity to reshape American law for decades. Democratic opponents complained that his fiery performance at a confirmation hearing shows he lacks the temperament to rule with fairness and restraint. Kavanaugh was concerned enough with the criticism in the area that he penned an op-ed pushing back, acknowledging he said some things he should not have said.
These are the areas where Kavanaugh will make his mark and could tilt the court to the right:
Executive Power
Kavanaugh, a judge on the U.S. Court of Appeals for the D.C. Circuit, in a 2009 Minnesota Law Review article on Separation of Powers, wrote that the indictment of a sitting president could ‘cripple’ the government and that the president should be immune from prosecution.
He pushed back during his confirmation hearing, but the topic could soon have very real world applications. President Trump, who nominated him, considers himself at war with a ‘witch hunt’ Russia probe that has landed associates and campaign aides in jail or pleading guilty to charges.
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