The abortion case that could decide the fate of Trump's court pick

A failed litmus test Trump taints his Supreme Court pick with his promise to anti-abortion extremists


Writing for the Minnesota Law Review in 2012, in an article titled "Separation of Powers During the Forty-Fourth Presidency and Beyond", Kavanaugh said his experience working for the Bush White House made him realize being president is "far more hard than any other civilian position in government". He was on President George W. Bush's team during the months-long 2000 recount case against candidate Al Gore.

Judge Kavanaugh penned a dissent saying the majority had broken with 40 years of Supreme Court precedent to establish "a new right for unlawful immigrant minors in USA government detention to obtain immediate abortion on demand".

A nominee needs a majority of 51 votes but, as Senator John McCain is battling cancer in Arizona, Trump can now only muster 50 votes.

"He is a terrific judge", said Kate Stith, Lafayette S. Foster Professor of Law.

Republicans hold a slim 51-49 majority in the Senate, though with ailing Senator John McCain battling cancer in his home state of Arizona they now can muster only 50 votes.

"Tomorrow I begin meeting with members of the Senate", he said.

Kavanaugh's nomination could establish a 5-4 conservative majority on the court - which could shape legal decisions for generations to come. She was sent to one of the cushy dorms that have been in the news as of late, and after being given an entry medical exam was told she was pregnant. The initial list of states targeted by the Judicial Crisis Network includes ones Trump won in 2016 and where three Democrats are in tough reelection fights - Sens. Sonia Sotomayor and Elena Kagan-reliably liberal, once on the Court-also spoke the language of commonality when they went before the Senate Judiciary Committee in 2009 and 2010.

Trump could yet have further opportunities to move to the court to the right.

Nearly two weeks after Justice Anthony Kennedy announced his retirement and changed the midterm election cycle, President Trump picked one of Kennedy's former clerks to replace him.

The high court handed Trump and his administration a series of victories in its term that ended on the day of Kennedy's retirement, including a major decision upholding the president's travel ban targeting people from several Muslim-majority countries.

Conservatives will argue that the nominee is a mainstream jurist, and that any opposition is a form of liberal extremism that voters should consider when they go to the polls. "He swung to the other side on the question of gay rights and abortion, and those are the particular issues that concern those on the left". "The Supreme Court was designed as an independent check and balance against both the executive and legislative branches of government", he wrote. "This is partially due to the cases it has been asked to decide, such as the constitutionality of the Affordable Care Act, and it is partially due to the divided nature of American politics".

But they hope to gain support from a handful of Democrats who are up for re-election in states where Trump is popular.

Kennedy, who is 81, had been nominated for the court by President Ronald Reagan in 1987. The president nominated Neil Gorsuch, his first Supreme Court nominee, for the seat left open by the late Justice Antonin Scalia past year.

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