Read The Times Australia

Daily Bulletin

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
The Conversation

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

Business News

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...