President Trump's
nomination of Brett Kavanaugh
to replace retiring Associate Justice Anthony Kennedy has set the stage
for a bruising confirmation battle, as Senate Democrats and liberal
groups vowed to resist what could be a dramatic and long-lasting
rightward shift on the Supreme Court.
Within seconds of Trump's announcement in the White
House Monday night, the far-left political action committee Democracy
for America called Kavanaugh, 53, a "reactionary ideologue" whose
confirmation would "directly lead to the deaths of countless women with
the dismantling of abortion rights."
And in a statement, the Women's March said
ominously: "Trump’s announcement today is a death sentence for thousands
of women in the United States."
"Stripping a woman’s ability to make decisions about
her own body is state violence," the group continued. "We cannot let
this stand. We will raise our voices and take to the streets."
In an embarrassing blunder, though, the Women's March
statement began: "In response to Donald Trump's nomination of XX to the
Supreme Court" -- indicating that the group didn't expect to have to
change its pre-written press release much on Monday night.
“Trump’s announcement today is a death sentence for thousands of women in the United States."
- Women's March statement
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The mood outside the Supreme Court soured quickly throughout the evening, as protesters
screamed and jostled in a markedly hostile atmosphere after Trump announced his selection.
Kavanaugh, who is Catholic and formerly served as a law
clerk for Kennedy, has long said he would broadly respect legal
precedent, including Roe v. Wade. In his time in the Bush White House
and his twelve-year stint on the influential D.C. Circuit Court of
Appeals, Kavanaugh has variously alarmed both pro-life and pro-choice
advocates.
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Top Senate Democrats, who have long said they would not
seriously consider any of the candidates Trump was considering, also
vowed to fight Kavanaugh, citing what they called an anti-abortion
record.
Senate Minority Leader Chuck Schumer, D-N.Y., called for killing the nomination.
"If we can successfully block this nomination, it could
lead to a more independent, moderate selection that both parties could
support," Schumer said.
He continued: "In selecting Judge Brett Kavanaugh for
the Supreme Court, President Trump has put reproductive rights and
freedoms and health care protections for millions of Americans on the
judicial chopping block."
All eyes Monday night were on moderate Republicans
including Sen. Susan Collins of Maine, as well as several red-state
Democrats, including West Virginia's Joe Manchin, North Dakota's Heidi
Heitkamp and Indiana's Joe Donnelly.
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Their votes could prove decisive in the upcoming
nomination decision, because Republicans hold a slim 51-49 majority in
the Senate. One prominent Republican, John McCain, is expected to be
unable to vote because of his ongoing battle with brain cancer. Vice
President Mike Pence could break a 50-50 tie in the Senate.
That means Republicans can't afford to lose any Republican votes unless they also pick off at least one Democratic senator.
In a statement, Collins -- who has vowed not to vote
for a nominee who would overturn Roe v. Wade -- said only that she would
scrutinize Kavanaugh carefully.
"Judge Kavanaugh has impressive credentials and
extensive experience, having served more than a decade on the D.C.
Circuit Court of Appeals," Collins said. "I will conduct a careful,
thorough vetting of the President’s nominee to the Supreme Court."
Donnelly, a Democrat holding a vulnerable seat in red Indiana, echoed that assessment.
"I will take the same approach as I have previously for
a Supreme Court vacancy," Donnelly said. "Following the president’s
announcement, I will carefully review and consider the record and
qualifications of Judge Brett Kavanaugh."
Kavanaugh's lengthy insider D.C. record -- from his
tenure on the bench, as well as his work in the Bush White House and on
the Kenneth Starr report that led to Bill Clinton's impeachment --
threatened to delay the confirmation process amid lawmakers' promises to
vet the new nominee.
Pro-choice advocates will likely focus on Kavanaugh's
decisions in cases like Priests for Life v. HHS, in which Kavanaugh
wrote a dissent arguing that ObamaCare's contraceptive coverage
requirements put undue burdens on some religious beliefs.
They are also expected to emphasize Garza v. Hargan, a
recent case in which Kavanaugh dissented from a ruling that the Trump
administration should permit an illegal immigrant in federal custody to
have an abortion. Kavanaugh's dissent angered both sides of the abortion
debate, because while Kavanaugh did not endorse the immigrant's right
to an abortion, his dissent also did not specifically deny her that
right in all cases.
Meanwhile, pro-gun rights advocates might find comfort
in Kavanaugh's dissent in the landmark Heller case, when it was before
the D.C. Circuit. Kavanaugh argued that a D.C. ordinance
unconstitutionally infringed on residents' right to own semi-automatic
weapons by requiring them to keep them unloaded and unassembled, or
bound by a trigger lock.
The Supreme Court eventually took the case and struck
down the ordinance, and held that the Second Amendment protects the
possession of semi-automatic weapons for purposes unrelated to militia
use.
Despite Kavanaugh's paper trail, White House press
secretary Sarah Sanders said Monday that she expected Kavanaugh to be
confirmed by Oct. 1.
But despite that optimistic claim, top Republicans predicted an epic tussle in the days ahead.
Republican Sen. John Kennedy of Louisiana, a member of
the Judiciary Committee, said he was bracing for "rough, tough, down in
the dirt, ear-pulling, nose-biting fight."
For now, the next steps in the whirlwind process will
be pleasantries. On Tuesday, Vice President Mike Pence and White House
counsel Don McGahn will escort Kavanaugh to Capitol Hill.
They will then put him in the care of the so-called
"sherpa," former Arizona Sen. Jon Kyl, who will guide Kavanaugh through
the nomination process, including his meetings with senators.