Kavanaugh will be coached to the point of exhaustion on how to avoid definitive answers during upcoming confirmation hearings. The mathematics and timing of this nomination, following last month's resignation of Justice
Trump doesn't deserve to win this nomination without a fight.
Their nightmare, starting the night of
It remains unclear how Kavanaugh, 53, would decide on the divisive issue of abortion. The outlook isn't quite as gloomy as some analysts predicted -- that Kennedy's retirement spelled the end of women's constitutional right to choose. But his addition to the court's conservative majority dramatically increases the possibility of overturning the landmark 1973 Roe v. Wade decision.
That said, Kavanaugh has expressed a commitment to preserving precedent, and overturning Roe certainly would shatter that commitment. There also are indications that other justices could follow Kennedy's example on such key decisions, voting with the liberal side in order to maintain the court's philosophical balance.
Kavanaugh favors broad presidential powers and opposes judiciary-branch encroachment on executive-branch authority. His stance could be key if the court winds up hearing arguments over Special Counsel
Kavanaugh wrote in 2009: "We should not burden a sitting President with civil suits, criminal investigations, or criminal prosecutions. The President's job is difficult enough as is. And the country loses when the President's focus is distracted by the burdens of civil litigation or criminal investigation and possible prosecution."
That position begs clarification and scrutiny in confirmation hearings. It also could be exactly why Trump chose Kavanaugh. The nomination was a smart move by a president who seems to be running scared from Mueller. But for a nation that believes no one, including the president, is above the law, Kavanaugh might have been the worst possible choice.
(c)2018 the St. Louis Post-Dispatch
Visit the St. Louis Post-Dispatch at www.stltoday.com
Distributed by Tribune Content Agency, LLC.