Two factors fuel the crucial hearings of US Appellate Judge Brett M. Kavanaugh, starting Tuesday in the Senate: one is the justice he would succeed in and the other is the President who elected him.
A plethora of questions are at stake with the departure of the court's crucial justice, Anthony M. Kennedy, whose swing-voice jurisdiction did not fit well into a conservative or liberal box. Abortion, affirmative action, the interplay of religious beliefs and rights of the gays and the protection of the environment by the government are among the topics affected by Kennedy's departure, and Kavanaugh is likely to be on the right side of Kennedy.
But this confirmation The struggle also comes about because the powers of a special prosecutor to investigate President Trump are part of a national debate in which important constitutional decisions on executive power and prerogatives may await the Supreme Court.
The Trump era policy only contributes to the battle over a judge whose lifelong appointment could seal a consistently right-wing majority that the conservative right-wing movement has long sought.
"This is an appointment that will almost certainly change the ideological composition of the Tribunal in a meaningful way". said Lori A. Ringhand, law professor at the University of Georgia, with expertise in Supreme Court confirmation hearings.
Kavanaugh, 53, has a unique perspective on the subject of the President's investigation. He spent years working Kenneth Starr probing President Bill Clinton, cracking down on Clinton's lies and "patterns of outrage" in connection with Clinton's relationship with a White House intern. But Kavanaugh has since written that he believes that a president should not be distracted during his tenure by civil and criminal investigations.
When Kavanaugh's view is nuanced ̵
"The President is an unintentional co-conspirator in federal crimes and he has nominated someone for the Supreme Court "Believing that an incumbent president should never be charged."
Kavanaugh's legitimacy, open-minded personality, close association with the conservative legal community, and his extensive body of opinions and legal reviews have long made him likely to vote for the Supreme Court under a Republican president.
"I do not see it as controversial from afar," said Lisa S. Blatt, a lawyer from Washington who regularly argues before the Supreme Court and considers Kavanaugh to be a friend. "He is such an obvious, conventional choice for a Conservative.If Jeb Bush were President, he would have selected [Kavanaugh] before Neil Gorsuch."
Leaf is a Liberal Democrat and has chosen progressives for her support of Kavanaugh and her Plans to introduce him to the committee on Tuesday, along with former Secretary of State Condoleezza Rice and Republican Senator Rob Portman (Ohio)
At this point, it seems more likely that a handful of Democratic senators will pass in support of Kavanaugh than any Republicans will to be left. And just like Trump's first candidate – now Justice Neil M. Gorsuch – Kavanaugh must become the 114th Supreme Court of the country, are the votes of Republican senators who form the majority.
"I was in the Judiciary Committee for the last fourteen Supreme Court Confirmation hearings," Senator Orrin G. Hatch (R-Utah) said in a speech last week. "Judge Kavanaugh will be my fifteenth and last. He is as qualified and ready to serve as any candidate I have seen before the supreme court of our nation."
The American Bar Association, which accuse conservatives of a liberal bias The Democrats are far from the Republicans' efforts, which even denied President Barack Obama's candidate Merrick Garland a hearing, which would have been an appointment that would have moved the court in a different direction
Obama nominated Garland – as Kavanaugh, a judge at the US Court of Appeals for the District of Columbia Circuit – to fill the place of the late justice Anton Scalia, a conservative star Senate Majority Leader Mitch McConnell (R-Ky.) Refused to consider the nomination until after the election, his game paid off with Trump's victory.
Libera Interest groups and Democrats also object to Kavanaugh's nomination for trial and substance. Only a portion of Kavanaugh's record of more than five years in President George W. Bush's White House as a staff secretary was requested by the Republicans of the Senate, and even these are used by Bush's attorney, including White House Counsel Donald McGahn  In addition, Kavanaugh's opponents claim that it is important to replace the central justice system of the court by examining not only credentials but also legal philosophy and ideology.
Kennedy, elected by President Ronald Reagan three decades ago, voted in two-thirds of the time with Conservatives. But in the court's recent investigation into government efforts to restrict abortion and the use of Affirmative Action in student admissions, Kennedy sided with the Liberals.
He wrote the court's 5-to-4 decision stating that gay couples have a constitutional right to be married
As is the case with confirmation hearings, the issue of abortion is likely to receive the most attention.
Republican Senators Susan Collins (Maine) and Lisa Murkowski (Alaska) have said they would not support a candidate for the abortion rights imposed by the 1973 ruling in Roe v. Wade were found to have fallen over.
Following a meeting with Kavanaugh, Collins said he had told her he believed Roe "law," as Chief Justice John G. Roberts Jr. had at his confirmation hearing.
But that meant little for the abortion of supporters of rights.
While there was no recent Supreme Court case that poses a direct challenge 59006] Roe or the court's other precedents reaffirming the right to abortion were the Chief Justice and George W. Bush candidate Justice Samuel A. Alito Jr. in key cases facing the court in her term of office
Supporters of abortion rights and those who oppose it, expect Kavanaugh to be a justice in that sense, and with Conservatives Gorsuch and Justice Clarence Thomas a majority that would make it more difficult for a woman to obtain the procedure.
Kavanaugh has praised the late Chief Justice William H. Rehnquist and noted his opposition in Roe . He wrote a high-level dissent when his court agreed that an undocumented youth immigrant in government custody should be allowed an abortion.
"There are no trials in the vital issues of protecting religious freedom and enforcing abortion restrictions, and the Appellate Judge in the nation has a stronger, more consistent record than Judge Brett Kavanaugh," wrote former paralegal Sarah E. Pitlyk, now special adviser the Thomas More Society, in the National Review.
Beyond Kavanaugh's Judiciary, Democrats will share his views on past writings and comments that have influenced the investigation by Robert S. Muller III. on the Trump administration and Russian interference in the 2016 elections.
He will surely get questions about doubts about which he once spoke the wisdom of the Supreme Court's decision of 1974, which forces President Richard M. Nixon to hand over secret White House cassettes, and reservations Kavanaugh expressed whether it is a sitter The President should be protected from civil and criminal investigations.
Twenty years ago, at a roundtable of lawyers, Kavanaugh questioned the court's decision in against Nixon .
Nixon was unjustly decided – heresy, though it is to be said, "Kavanaugh said, adding," Perhaps the tension of the times led to a wrong decision. "
But in a 2016 speech he listed the decision with some others when he said that" some of the biggest moments in American legal history have been as judges rallied against the other branches, not intimidated and the law
The latter view is that which he emphasized in private meetings with senators.
As legal questions could arise as to whether Trump could be charged in office or forced to comply with a summons by Mueller, the Supreme Court plays a crucial role.
In a Minnesota law from 2009 review article, Kav Anaugh said he had concluded that a president was too busy to be distracted by civil and criminal investigations Means against the misbehavior of a president, Kavanaugh said, and the congress should the chief executive before further Protect investigations until he resigns.
"Your earlier statements give me a serious break: an expansive view of presidential power The judiciary that occupies the seat of Judge Kennedy would undoubtedly be a significant shift from our historical understanding and the Supreme Court's ruling on the recognition of constitutional boundaries meaning the executive, "wrote Sen. Christopher A. Coons (D-Del.) to Kavanaugh in a recent letter from Coons Week.
But others who have analyzed Kavanaugh's writings say that they are not outside the mainstream. For example, the Ministry of Justice has for years held the position that the president can not be charged.
And they say that Kavanaugh's suggestion that Congress protect the President from investigation shows that he has not decided that there is already a law bar on such probes.