Modern Australian
The Times

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

Why Pendant Lights Continue To Be A Popular Choice In Modern Interiors

Lighting has become an essential design element in modern homes, influencing both the appearance and functionality of interior spaces. Many homeowne...

How Whiteboard Supports Structured Communication In Work And Learning Environments

Clear communication and structured planning are essential in both professional and educational settings, which is why a whiteboard remains a practi...

How A Cardboard Box Manufacturer Supports Modern Packaging Needs

Packaging has become an essential part of modern business operations across retail, manufacturing, logistics, and e-commerce industries. Many busine...

How Pallet Racking Helps Businesses Improve Warehouse Operations

Efficient warehouse management depends on reliable storage systems that support organisation, safety, and productivity. Many businesses use pallet rac...

Why I/O Controller Is Essential For Efficient Industrial Automation Systems

Modern industrial systems rely heavily on automation and precise data exchange, which is why an I/O controller plays a critical role in ensuring sm...

Why Modern Traffic Management Systems Are Important For Safer Roads

Cities and industrial facilities increasingly rely on advanced Traffic Light System technology to improve road safety, traffic flow, and operationa...

How Structured eCommerce Web Design Influences Online Buying Behaviour

A strong online presence begins with effective eCommerce web design that prioritises both functionality and user experience. Businesses entering or...

What People Mean by “Alternative Doctor” And Why Expectations Around Care Are Changing

When people search for an “alternative doctor,” they’re usually looking for something specific, even if they haven’t fully defined it yet. I...

Why Does My Power Keep Tripping? Common Causes Explained by Electricians Sydney

The electrical system is the lifeblood of your home, powering everything from your phones to cooking utensils and more. But from time to time, your po...

Interstate Car Transporter Urges Buyers to Book Early

As the conflict in the Middle East continues to put increasing pressure on local fuel supply, Australian transport companies are experiencing increasi...

Digital Minimalism for Business Owners: Fewer Tools, Better Systems

Be honest. How many apps are open right now? One for scheduling, another for invoices, a third for customer notes, plus a spreadsheet someone email...

The Importance Of Proactive NDIS Renewal Preparation For Sustaining Your Provider Business

Your NDIS renewal notice is not a signal to start preparing. By the time it arrives, preparation should already be well underway. For new providers, s...

Why Fire Extinguisher Testing in Sydney Is Becoming a Records Game, Not Only a Maintenance Job

A fire extinguisher used to feel like one of the simpler parts of building safety. It hung on the wall, wore a service tag, and sat there quietly unle...

The Switchboard Upgrade Question Every Melbourne Renovator Should Ask Before the Walls Close Up

Renovations have a funny way of making people think on surfaces first. Splashback, stone, joinery, tapware, paint. Fair enough too. That is the exciti...

Winter Sanitation Gaps in Parramatta Kitchens: A Hidden Pest Risk

Winter brings a host of changes to our homes, from the chill in the air to the cozy warmth indoors. However, this season also introduces sanitation ch...

When to Seek Advice from Employment Lawyers in Melbourne

Australian employment law is detailed and, at times, complex, with rights and obligations that aren't always obvious to employees or employers witho...

7 Benefits of Professional Gutter Cleaning for Australian Homeowners

Gutters aren't exactly glamorous. They sit up there on the edge of your roof, doing their job quietly - until they stop working. Clogged, overflowing ...

Pipe Floats Strengthening Pipeline Performance In Demanding Environments

Pipelines often travel through environments that are anything but predictable, water currents shift, terrain changes, and materials keep moving unde...