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Donald Trump names Brett Kavanaugh as supreme court nominee – as it happened

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Trump nominates Kavanaugh, a conservative rising star, to replace Anthony Kennedy on supreme court

 Updated 
in Washington
Mon 9 Jul 2018 23.27 EDTFirst published on Mon 9 Jul 2018 16.20 EDT
Trump names Brett Kavanaugh as supreme court nominee – video

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Key events

Summary

  • Donald Trump on Monday nominated Brett Kavanaugh, 53, to replace retiring Supreme Court Justice Anthony Kennedy.
  • The nomination will set in motion an acrimonious and expensive confirmation process that is likely to turn on how he handles questions about Roe v Wade.
  • Conservative groups have already launched what will collectively be a multi-million dollar campaign in support of Trump’s nominee.
  • Democrats’ strategy for blocking Kavanaugh’s confirmation hinges on keeping their caucus unified in opposition and persuading two pro-choice Republican senators to join them.
  • All eyes will be on a handful of moderate Republicans and Democrats who are under immense pressure from activists of both parties.
  • In the coming weeks, Kavanaugh will meet with the senators in anticipation of his confirmation hearing before the Senate Judiciary Committee.

We’re going to wrap up our coverage of Trump’s Supreme Court nominee for the evening. Thanks for reading – goodnight!

Senator John McCain, a Republican from Arizona who is battling brain cancer, released a statement on Trump’s supreme court choice

In selecting Judge Brett Kavanaugh to fill the vacancy left by Justice Kennedy, President Trump has chosen a nominee with impeccable credentials and a strong record of upholding the Constitution. Over the course of Judge Kavanaugh’s impressive legal career, he has built a reputation as a fair, independent, and mainstream judge who has earned widespread respect from his peers. One of the Senate’s highest constitutional responsibilities is to provide advice and consent on nominations to the Supreme Court, and I look forward to the Senate fulfilling this critical duty through a fair and thorough confirmation process.

Trump is known to harbor suspicions about people he believes are loyal to his predecessor, George W. Bush. In the run-up to Kavanaugh nomination, some analysts predicted that the judge’s tenure working for the Bush administration could be a red flag for this president as he made his decision. But clearly Trump was able to look past that.

The Daily Beast has some reporting on why that might be in this case.

But if Trump considered Kavanaugh’s backing from Scalia-world, he also surely knew of his roots in the George W. Bush White House. Asked how Kavanaugh might’ve overcome that perception, one senior administration official pointed to his work on Kenneth Starr’s investigation of President Bill Clinton—and subsequent disavowal of criminal and civil investigations into sitting presidents.

Trump, who is staring down both a federal criminal investigation and a number of civil lawsuits, likely noticed the latter position, the administration official said. “It’s a twofer,” the official joked. In Trump’s mind, “he manages to be both anti-Clinton and anti-Mueller.”

Interesting criticism from Michigan congressman, Justin Amash, a libertarian, who raises concerns about Kavanaugh’s views on the Fourth Amendment, which protects citizens from unreasonable search and seizure.

Kavanaugh is not another Gorsuch—not even close. Disappointing pick, particularly with respect to his #4thAmendment record. Future decisions on the constitutionality of government surveillance of Americans will be huge. We can’t afford a rubber stamp for the executive branch.

— Justin Amash (@justinamash) July 10, 2018
David Smith
David Smith

Here’s a fuller dispatch from the Gaurdian’s Washington bureau chief David Smith

Donald Trump has named Brett Kavanaugh as his nominee for the US supreme court, lighting the fuse of an acrimonious political battle and potentially setting the court on a more conservative course for decades to come.

The nomination, if confirmed by the Senate, would represent one of the most consequential decisions of Trump’s presidency.

Kavanaugh’s record will come under particular scrutiny for clues as to how he might vote in any future review of Roe v Wade, the landmark 1973 decision that guaranteed a woman’s right to an abortion.

Trump’s pick comes less than two weeks after Justice Anthony Kennedy, often the “swing vote” in the court’s rulings, announced his retirement, and 18 months after he won plaudits from conservatives for appointing Neil Gorsuch to the court.

George W. Bush applauds the choice of his former aide ...

President Trump has made an outstanding decision in nominating Judge Brett Kavanaugh to the Supreme Court. Brett is a brilliant jurist who has faithfully applied the Constitution and laws throughout his 12 years on the D.C. Circuit. He is a fine husband, father, and friend and a man of the highest integrity. He will make a superb Justice of the Supreme Court of the United States.

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What "the moderates" have to say

Senator Susan Collins, Republican of Maine

Judge Kavanaugh has impressive credentials and extensive experience, having served more than a decade on the D.C. Circuit Court of Appeals.

I will conduct a careful, thorough vetting of the President’s nominee to the Supreme Court, as I have done with the five previous Supreme Court Justices whom I have considered. I look forward to Judge Kavanaugh’s public hearing before the Senate Judiciary Committee and to questioning him in a meeting in my office.”

Senator Joe Donnelly, Democrat of Indiana

As I have said, part of my job as Senator includes thoroughly considering judicial nominations, including to the Supreme Court. I will take the same approach as I have previously for a Supreme Court vacancy. Following the president’s announcement, I will carefully review and consider the record and qualifications of Judge Brett Kavanaugh.”

Senator Joe Manchin, Democrat of West Virginia

As the Senator from #WV, I have a constitutional obligation to advise & consent on a nominee to fill Supreme Court vacancies & I take that responsibility seriously. MORE: pic.twitter.com/eG8rULoE33

— Senator Joe Manchin (@Sen_JoeManchin) July 10, 2018

Senator Heidi Heitkamp, Democrat of North Dakota

My statement on the nomination of Judge Kavanaugh to serve on the Supreme Court: pic.twitter.com/ia1yOICT9P

— Sen. Heidi Heitkamp (@SenatorHeitkamp) July 10, 2018

Senator Cory Booker, Democrat of New Jersey, says he is “strongly opposed” Kavanaugh’s nomination.

His nomination should be a non-starter for every member of the Senate concerned about the integrity of the special counsel’s investigation and worried about the Court undermining the rights of women to make their own medical decisions; civil rights; the rights of Americans to quality, affordable healthcare; voting rights; the rights of workers to organize for better wages and working conditions; and more.”

Senator Kamala Harris, Democrat of California, also announces her opposition to Kavanaugh.

I know personally just how consequential this seat on the Supreme Court is. Almost two decades after the Supreme Court’s landmark ruling in Brown v. Board of Education, I was part of only the second class to integrate the Berkeley, California public schools. If that Court had not issued that unanimous opinion led by Chief Justice Earl Warren in that case argued by Thurgood Marshall, I likely would not have become a lawyer, or a prosecutor, or a been elected district attorney, or the Attorney General of California. And I certainly would not have become a United States Senator.

That’s the power an individual Supreme Court Justice holds. Those are the stakes of this nomination. We must demand a mainstream jurist worthy of our great country.”

Brett Kavanaugh's record as a judge and lawyer is clear: hostile to health care for millions, opposed to the CFPB & corporate accountability, thinks Presidents like Trump are above the law – and conservatives are confident that he would overturn Roe v. Wade. I'll be voting no.

— Elizabeth Warren (@SenWarren) July 10, 2018

Bernie Sanders, independent of Vermont, responded to the announcement in a Facebook video in which he asked supporters to join the fight to block Kavanaugh from reaching the supreme court.

He added in a statement: “I do not believe a person with those views should be given a lifetime seat on the Supreme Court. We must mobilize the American people to defeat Trump’s right-wing, reactionary nominee.”

Kirsten Gillibrand, Democrat of New York, also plans to oppose Kavanaugh.

This new judge could be the deciding vote in whether insurance companies can charge people more, or don’t have to cover them at all anymore, if they have preexisting conditions — and nearly half of all New Yorkers have a preexisting condition. He could be the deciding vote to uphold the disastrous Citizens United decision, which allowed corporations to pour unlimited money into our politics. And he could be the deciding vote in overturning Roe v. Wade, which is what President Trump said he wanted his new Supreme Court Justice to do.

Brett Kavanaugh is an anti-consumer zealot, an opponent of preexisting condition protections, a critic of abortion rights and access to contraception, a Second Amendment radical, and a bad choice for the Supreme Court.

Not a close call. I will vote NO.

— Chris Murphy (@ChrisMurphyCT) July 10, 2018
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Lois Beckett
Lois Beckett

Gun rights activists will be cheering Trump’s selection of Kavanaugh, who has a clear pro-gun record.

In 2011, Kavanaugh wrote a dissent arguing that DC’s local assault weapon ban was unconstitutional:

“There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semiautomatic rifles,” he wrote. “Semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Moreover, semi-automatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.’s ban on them is unconstitutional.”

While the federal assault weapons ban lapsed in 2004, seven American states and the District of Columbia still have local assault weapon bans, and several parents of victims of the 14 February Parkland, Florida, school shooting have been pushing for stricter federal controls on assault weapons.

Everytown for Gun Safety, which supports stricter gun laws, said Kavanaugh’s record “demonstrates a dangerous view of the Second Amendment that elevates gun rights above public safety” and said he “has made clear he would strike down prohibitions on the AR-15 and other assault-style weapons”.

“We’ve never had a justice nominated to the supreme court with as much of a clear second amendment record” as Kavanaugh or as Thomas Hardiman, another of Trump’s likely picks, said Dave Kopel, an attorney and gun rights advocate, shortly before the decision was announced.

“There were lots of people who voted for Trump with great reluctance because of his personal qualities, but ultimately decided the supreme court was the most important issue,” Kopel said.

Tonight, those people “can very much feel that their work was worthwhile”.

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The Senate majority leader, Mitch McConnell, called Kavanaugh a “superb choice” and “an impressive nominee who is extremely well qualified” to serve on the court.

Judge Kavanaugh has sterling academic credentials. He is widely admired for his intellect, experience, and exemplary judicial temperament. He has won the respect of his peers and is highly regarded throughout the legal community. And his judicial record demonstrates a firm understanding of the role of a judge in our Republic: Setting aside personal views and political preferences in order to interpret our laws as they are written.

I look forward to meeting with Judge Kavanaugh and to the Senate’s fair consideration of his nomination, beginning with the work of Chairman Grassley and the Judiciary Committee. This is an opportunity for Senators to put partisanship aside and consider his legal qualifications with the fairness, respect, and seriousness that a Supreme Court nomination ought to command.

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Indivisible, the liberal activists group that has upended Democratic politics, declares “the fight is on”.

Indivisible Project’s Co-Executive Director Ezra Levin said in a statement on Kavanaugh:

If Trump successfully installs Brett Kavanaugh onto the Supreme Court to replace Anthony Kennedy, Trumpism will infect the Court for a generation. The stakes are no less than the fate of Roe v. Wade, the Affordable Care Act, LGBTQ rights, and our democratic institutions.

“Our path to victory is narrow, but it’s there. Step one is keeping all Democratic senators together. This is not business as usual and there’s no time to waste. All Democratic senators must come out in opposition right now. A vocal, united Democratic front will focus pressure on Republican senators - forcing them to decide between appeasing Trump or preserving our fundamental rights.

So now is the time for hardball, and Senator Chuck Schumer is up at bat.”

Will Trump get a third pick?

Sam Morris and Juweek Adolphe take a look:

With the nomination of Brett Kavanaugh for supreme court justice, Trump is set to cement his significant influence on the highest court in the land. Once Kavanaugh is confirmed, the probable outcome given the Republican controlled Senate, Trump will have made as many appointments in two years as Barack Obama did in two full terms.

The result of those nominations has left us with a supreme court that leans towards the right, with a majority of sitting justices nominated by Republican presidents. This wind of change brings a conservative sway for decades that will only get stronger if Trump, who is not even halfway into his first term, could secure a third pick.

Reactions to Trump’s choice are flooding in from every sector. But at the end of the day, it is the view of a handful of senators who will decide Kavanaugh’s fate.

Senator John Cornyn, Republican of Texas

“As the Senate begins what will be a thorough review of his record, it’s disappointing that some Democrats already rejected this nomination before it was even made. I hope Democrats will consider Judge Kavanaugh’s nomination on the merits, and I look forward to meeting with him soon in advance of a hearing.”

Senator Mark Warner, Democrat of Virginia

“I plan to carefully examine Judge Kavanaugh’s record and judicial philosophy. I cannot and will not support a nominee who would take this country backwards by undermining our fundamental rights and American values.”

Seantor Mazie Hirono, Democrat of Hawaii

“Judge Kavanaugh has not earned the benefit of the doubt. He has the burden of proof to demonstrate his ability to be independent of the President and exercise unbiased and independent judgment.”

Senator Sheldon Whitehouse, Democrat of Rhode Island

“Special interests approved this nominee. The confirmation process will be powered by massive, secretive spending by their phony front groups. That’s why Brett Kavanaugh must convince me he can actually be independent. I, along with the American people, will not tolerate a rigged system anymore.”

Senator Jeff Flake, Republican of Arizona

“As I have said before, approving a nominee who will interpret the Constitution rather than legislate from the bench should be our top priority. I look forward to meeting with Judge Kavanaugh and reviewing his record throughout the confirmation process.”

Senator Marco Rubio, Republican of Florida

My decision on whether to ultimately support Kavanaugh’s nomination will be based on his commitment to original intent, judicial restraint, and the understanding that the Supreme Court is a ‘trier of law’ appellate court and not a ‘trier of fact’ trial court. This is critically important because too many in the federal judicial system today believe it is appropriate for judges to craft new policies and rights instead of interpreting and defending the Constitution as written.”

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Kavanaugh ends his remarks by looking ahead at the acrimonious confirmation battle that lies ahead.

Tomorrow I begin meeting with members of the Senate, which plays an essential role in this process. I will tell each senator that I revere the constitution. I believe hat an indent pent judiciary is the crown jewel of our constitutional Republic.

If confirmed by the Senate, I will keep an open mind in every case. I will always strive to preserve the constitution of the United States and the American rule of law.

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Who is Brett Kavanaugh?

Kavanaugh worked in the George W Bush White House before being nominated to the DC court of appeals in 2003. He was confirmed in 2006 after Democrats mounted a long fight against his nomination on the grounds that Kavanaugh was overly partisan.

Before his stint in the Bush White House, Kavanaugh worked for Ken Starr, the lawyer who led the investigation of President Bill Clinton in the 1990s. Kavanaugh helped author the Starr Report, which laid out the case for Clinton’s impeachment and removal from office. He also did legal work for the Bush campaign during the Florida election recount.

The 53-year-old has impeccable academic credentials. He is a graduate of Yale College and Yale Law School and clerked for Justice Anthony Kennedy, whose retirement vacated the seat that he has now been nominated for. Since taking the bench, Kavanaugh has authored 286 different opinions.

Read more here

As Kavanaugh speaks, Schumer issues a statement urging senators to block his nomination.

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. His own writings make clear that he would rule against reproductive rights and freedoms, and that he would welcome challenges to the constitutionality of the Affordable Care Act. ...

“This nomination could alter the balance of the court in favor of powerful special interests and against working families for a generation, and would take away labor, civil, and human rights from millions of Americans. We cannot let that happen. If we can successfully block this nomination, it could lead to a more independent, moderate selection that both parties could support.”

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