

Circuit who subsequently ruled in ways that critics have said actively subverted the high court's decision, so as to render it toothless.įinally, Kavanaugh wrote an extensive law review article in 2009 that could have implications for the special counsel investigation into Russian interference in the 2016 election. For instance, after the Supreme Court ruled that enemy combatants detained at Guantanamo Bay have the right to challenge their detentions in court, Kavanaugh was among the conservative judges on the D.C. Kavanaugh has also authored or signed on to a number of opinions deferring to presidential power in high-profile cases. On questions involving government regulation, he often, but not always, has sought to limit or throw out Obama-era environmental regulations. That regulation required religious groups to certify that they were exempting themselves from providing contraceptive services it was eventually withdrawn by the Trump administration. He also dissented in a case involving a challenge brought by religious groups to the contraception provision of the Affordable Care Act.
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The decision, for a three-judge court, was subsequently overturned by the full court, over Kavanaugh's dissent. In a recent case that combined the controversial issues of abortion and immigration, he wrote a decision that temporarily barred a pregnant teenager, who was in immigration custody, from obtaining an abortion. It is a record noteworthy for its skill and conservatism. Circuit Court of Appeals, with some 286-plus opinions, is definitely the most prolific of any of the potential nominees. The president met with Kethledge and reportedly got along with him.Īnalysis Which Trump Should Be Believed On Overturning Roe v. It might also mean that another one of the below judges gets the nod, including Judge Raymond Kethledge of the 6th Circuit Court of Appeals in Michigan. Of course, there is always the possibility that knocking out Kavanaugh would not mean knocking in Barrett. While nobody is saying that the president has finally made up his mind, those opposed to Kavanaugh are running out of time to gin up a real opposition within the conservative movement. One suspects that, in the end, the president will go for the safest choice, the choice that will cause the least trouble and result in a relatively quick confirmation process. Why the strong preference for Barrett over Kavanaugh? As one prominent legal conservative put it, "It's like a color war in camp." Each side just distrusts the other. "It is better to have a vacancy until next year than to fill the seat with a weak nominee who will betray your legacy and the constitution for the next 40 years," they wrote. Law Trump Narrows Supreme Court Shortlist To 3 - With 2 On The Inside Track
