Modern Australian
Men's Weekly

.

Who is US Supreme Court nominee Brett Kavanaugh, and where does he stand on abortion?

  • Written by Kumuda Simpson, Lecturer in International Relations, La Trobe University

Justice Anthony Kennedy’s retirement from the US Supreme Court has given President Donald Trump the opportunity to nominate a second justice in the span of 18 months, and in doing so, shape the decisions of the court for decades to come.

The court is the highest in the country and serves as one of the three fundamental pillars in the US political system, alongside the executive and legislative branches. This separation of powers, enshrined in the US Constitution, has long been regarded as one of the strengths of the US political system. But as American politics has turned increasingly partisan in recent years, the Supreme Court has become an unfortunate flashpoint of the ideological battles between left and right.

With nine sitting justices, the court has often been split 5-4, at times favouring an strict, literal approach to constitutional interpretation, at others swinging back towards a pragmatist approach.

Read more: Is the Supreme Court's legitimacy undermined in a polarized age?

As some of the most contentious political, economic and social debates in the US, such as gun control, gay marriage and abortion, are fought within the highest legal institution in the country, the ideological balance of power on the court matters greatly. The justice holding the swing vote, who has been Kennedy in recent years, carries enormous power to shape the laws of the country for generations.

Trump’s nominee, Brett Kavanaugh, has an impeccable legal background, and yet has come in for fierce criticism from both Republicans and Democrats.

Opposition on both sides of the aisle

For Democrats, Kavanaugh is regarded as too partisan, having worked on some of the most controversial legal cases in recent US politics. This includes his role as part of independent counsel Kenneth Starr’s investigations into former President Bill Clinton, which culminated in the Starr report to Congress arguing that Clinton should be impeached for lying about the nature of his relationship with Monica Lewinsky.

Kavanaugh was also part of George W. Bush’s legal team in the Supreme Court case over the disputed presidential election result between Bush and Al Gore in Florida in 2000. The decision in that case resulted in Bush winning the presidency, and Kavanaugh went on to work for him in the White House.

For Republican critics, however, Kavanaugh’s record on abortion and health care is viewed as not being conservative enough.

Abortion is the issue that will garner the most attention in the upcoming confirmation battle in Congress and mobilise both the left and the right. The right to get an abortion is protected for women under the 1973 Supreme Court decision in Roe v. Wade, which ruled that:

For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgement of the pregnant woman’s attending physician.

Yet this right has been steadily undermined and eroded over the past 45 years as conservatives opposed to Roe v. Wade have used a variety of legal tools to limit women’s access to abortion providers.

Thin record on abortion

Kavanaugh’s record on abortion in both public statements and legal decisions appears careful, emphasising legal precedent over calls to change the law. This has drawn intense criticism from some conservatives.

When asked about abortion in his 2006 confirmation hearings to be appointed to the Court of Appeals for the District of Columbia Circuit, Kavanaugh stated, “I would follow Roe v. Wade faithfully and fully … It’s been reaffirmed many times”.

For some Republicans, his judicial restraint is seen as being too similar to Supreme Court Chief Justice John Roberts, who has come under criticism for not being a reliably conservative vote.

Conservatives see this Supreme Court pick by Trump as an opportunity to radically reshape the ideological outlook of the court for generations, a chance they fear would be wasted on someone regarded as too centrist on key issues.

For the time being, it appears Democrats are gearing up for a confirmation fight, perhaps intending to delay any decision on Kennedy’s successor until after the mid-term elections in November, when they have a chance to wrest back some control over Congress and the future direction of the court.

Read more: Supreme Court polarization is not inevitable — just look at Europe

Senate Democratic Leader Charles Schumer has already signalled his intention to fight Kavanaugh’s nomination, saying: “I will oppose Judge Kavanaugh’s nomination with everything I have, and I hope a bipartisan majority will do the same. The stakes are simply too high for anything less.”

Authors: Kumuda Simpson, Lecturer in International Relations, La Trobe University

Read more http://theconversation.com/who-is-us-supreme-court-nominee-brett-kavanaugh-and-where-does-he-stand-on-abortion-99670

Retirement Anchored in Model Boat Building for Waterford’s Doug Unsold

WATERFORD — When Doug Unsold sees his ship come in, it’s usually one he’s crafted with his own hands. The 67-year-old retiree from Waterford ...

The Science Behind Alarm Clocks and Your Circadian Rhythm

Waking up on time isn’t just about setting an alarm—it’s about working with your body, not against it. At the heart of every restful night and...

How to Use Plants to Create a Calming Atmosphere in Your Home

In today’s fast-paced world, cultivating a calm, soothing environment at home has never been more important. Whether you live in a busy urban apar...

How Maths Tutoring Can Help Students Master Maths

Mathematics can be a daunting subject for many students, often causing stress and frustration. However, maths tutoring has proven to be an effective...

Refurbished iPads Are Better Than New Ones (Here's Why)

Image by rawpixel.com on Freepik Apple's refurbished iPad program has quietly become one of the best deals in tech. While everyone obsesses over the ...

Your Guide to Finding the Right GP: What Perth City Doctors Offer Today

Choosing a General Practitioner (GP) is one of the most important health decisions you’ll make. Luckily, Perth’s vibrant CBD now hosts a new ge...

Why Every Mining Operation Needs a Robust Safety Management System

Mining is one of the backbones of the Australian economy, particularly in Western Australia. Back in 2019-20, mining contributed 10.4% of Australia...

Australian Classic Literature Enjoys Resurgence

Welcome back to the good old days of storytelling! As the modern world becomes increasingly more demanding, returning to childhood favourites offers...

How to Choose the Right Lawyers in Sydney for Your Situation

When faced with a legal issue, selecting the right legal representation can make all the difference. Whether you're dealing with a personal injury, ...

Building a Governance Model for Headless Content Management at Scale

Image by pch.vector on Freepik There's never been a better time to implement a headless content management system (CMS) to gain the flexibility and ...

Understanding Trade Insurance: Essential Protection for Businesses

Image by Drazen Zigic on Freepik In the current economic environment, trade insurance is an important element for companies trading both locally an...

Choosing the Right Timber for External Cladding

Timber cladding is one of those finishes that pulls double duty: it makes a building look warm and welcoming, and it quietly shields the frame from ...

Top Services Offered by Diesel Mechanics in Brisbane

Keeping a diesel vehicle running at its best takes more than the occasional oil change. When you invest in regular specialist care, you protect the ...

Top 5 Benefits of Hiring Professional House Removalists

Moving day should feel like the start of a new adventure, not the end of your patience. Yet once the settlement papers are signed and the champagne ...

Navigating the Digital Landscape: Managed IT Solutions and IT Services in Townsville

As technology advances at an unprecedented pace, companies must adapt to embrace the transformation ahead. With an evolving technology landscape, mana...

Types of Catering You Should Consider for Your Next Event

Choosing the right type of catering service can elevate your event from ordinary to unforgettable. Whether it’s an elegant wedding, corporate func...

Understanding the Benefits of Split System Installation for Your Home

Climate control is essential to maintaining comfort in your home, especially during the extreme temperatures that many regions face. Whether you’r...

Best Aluminium Window Sliding Designs for Natural Light and Airflow

Bringing natural light and airflow into a space is one of the most efficient ways to create a healthy and comfortable home. In Sydney and across Aus...