Brett Kavanaugh gets US Supreme Court call: Protests as Donald Trump picks conservative as nominee

David Gardner10 July 2018

President Donald Trump is facing a bruising confirmation battle over his choice of conservative Brett Kavanaugh as his nominee for the US Supreme Court.

Mr Trump announced his pick today, potentially creating the most right wing court in generations with far-reaching implications for America on everything from abortion to immigration and guns.

Immediately after the president named the former adviser to George W Bush as his replacement for retiring justice Anthony Kennedy, Democrat lawmakers and liberal groups protested on the steps of the Supreme Court in Washington with chants of “Hell No on Kavanaugh.”

Pledging to fight the nomination “with everything I have”, the Senate’s top Democrat Chuck Schumer claimed that by selecting Judge Kavanaugh, the president was punishing women for their choices and putting abortion rights “on the judicial chopping block”.

Announcing his choice at the White House before leaving for his trip to Europe - including his first visit to the UK as president - Mr Trump called the 53-year-old nominee a “judge’s judge” and a “brilliant jurist”.

The Senate’s top Democrat Chuck Schumer claimed that by selecting Judge Kavanaugh, the president was punishing women for their choices
AP

He said the appeals court judge, who worked as an aide to independent counsel Kenneth Starr in the investigation into Bill Clinton, has “impeccable credentials and unsurpassed qualifications”.

“This incredibly qualified nominee deserves a swift confirmation and robust bipartisan support.”

Judge Kavanaugh said he was “humbled” at being picked. Judges “must interpret the law, not make the law,” he added.

The Supreme Court justices all hold lifetime appointments and Judge Kavanaugh is relatively young, meaning he could serve for decades to come.

If confirmed by the Senate, in which Republicans hold a narrow 51-49 majority over Democrats, his appointment will not alter the 5-4 conservative majority in the court.

However Washington analysts say the court could still shift to the right, possibly putting the landmark 1973 Roe v. Wade ruling that legalised abortion in America in jeopardy, as the departing Justice Kennedy, 81, would sometimes side with the court’s liberals in key cases.

The court could also change its stance on gay rights, affirmative action, the death penalty and gun restrictions.

This is Mr Trump’s second Supreme Court appointment since taking office 18 months ago and an opportunity for the president to cement his legacy long after he has left office.

Donald Trump's pick of Brett Kavanaugh potentially creates the most right wing court in generations with far-reaching implications for America
AFP/Getty Images

Mr Trump’s first choice, Neil Gorsuch, is already one of the staunchest conservatives on the panel.

As a federal appeals court jurist, Judge Kavanaugh has backed gun rights and voted to strike down environmental protection rules. While he has not ruled directly on abortion, he opposed a ruling that let an undocumented immigrant teenager end a pregnancy while in custody.

“His views are far outside the legal mainstream when it comes to access to health care, executive power, gun safety, worker protections, women’s reproductive freedom, and the government’s ability to ensure clean air and water, to name a few,” said Senator Dianne Feinstein, a California Democrat.

“This is a nominee who wants to pave the path to tyranny,” claimed Democrat Senator Jeff Merckley.

Mr Trump and Republican lawmakers hope to push the nomination through before the mid-term elections in November when their majorities in Congress may come under threat. Democrats can only currently mount a successful challenge to the confirmation if they can persuade a Republican to defect.

Nevertheless, analysts expect a hard-fought confirmation process. Before a full vote, the prospective justice will be grilled by the Senate Judiciary Committee in hearings that can go on for days.

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