Judge Kavanaugh and the Supreme Court's Second Amendment

NARAL and People’s Defense to Hold Massive Day of Action to Oppose Kavanaugh Nomination

President Trump's nominee for the next Supreme Court justice, Brett Kavanaugh, will draw scrutiny from Congress and the press as he proceeds through the confirmation process.

Derrick Johnson, president and CEO of the NAACP, told Al Jazeera that his organisation's immediate call of action would be to "have its members across the USA express their views to senators in their states and urge them to oppose this nomination".

But Trump campaigned on a pledge to nominate anti-abortion judges to the Supreme Court, and all potential nominees on his short list were vetted by the pro-life conservative Federalist Society. "Brett Kavanaugh is the person who initiated the thought process concerning ObamaCare to treat it as a tax", he points out. "There are a lot of people in America who still say, 'I voted for him, I guess he's OK.' But when you ask them, 'Does he need a check and balance?,' they say, 'Definitely'". And in a 2009 case arising out of torture at Abu Ghraib, Kavanaugh joined Judge Laurence Silberman (over a rare and powerful dissent from Judge Merrick Garland) in barring state-law tort claims against a private military contractor, even though no federal statute required such a result.

West Virginia Democratic Senator Joe Manchin, battling for reelection in a state Trump won in 2016, in a statement on Kavanaugh's nomination, said the "Supreme Court will ultimately decide if almost 800,000 West Virginians with pre-existing conditions will lose their healthcare". "I have no doubt he is going to be a great justice", he said.

So far, centrist Sens. Lisa Murkowski (R-Alaska) and Susan Collins (R-Maine) haven't expressed deep reservations about Kavanaugh.

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Colbert cited the many conservative legal battles that Kavanaugh has been a part of or weighed in on.

"We won the 'Brett Kavanaugh Derby, ' as we called it, because he was very heavily recruited", said Starr. "A woman's right to make her own health care decisions is at risk".

Still, this is the reality on Kavanaugh, according to Schoen: "Even if every Democrat votes against Kavanaugh, he will still be confirmed if no Republican votes against him".

"Here is the tough decision those red state Democrats have to make", Schoen said in an opinion column for Fox News. He is prepared, it seems, to vote to confirm Kavanaugh if the judge's rulings and writings are no more extreme than Gorsuch's. But their situations would be much worse if their votes were needed for confirmation.

Trump on Monday announced Kavanaugh as his choice to replace retiring Supreme Court Justice Anthony Kennedy.

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A liberal group, Demand Justice, has promised its own $5 million ad campaign to defeat Kavanaugh, focused on Democratic senators from Indiana, North Dakota and West Virginia and Republicans from ME and Alaska.

With ailing Sen. John McCain not voting, neither party can afford to lose a vote from their side.

Kristen Clarke, president and executive director of the national Lawyers' Committee for Civil Rights Under Law, meanwhile accused the Trump administration of being relentless in its efforts to reverse civil rights legislations that afforded protection to women.

The case would then go to the Supreme Court. He said the judge noted that he had proposed that Congress impose limits on investigations of sitting presidents.

Still, with gun control advocates mobilized following February's deadly mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, the court may instead take aim at more modest measures, like one that may be headed to the justices from New York City this fall. Richard Blumenthal, D-Conn. "If he is unwilling to state that he will recuse himself, I think everyone should really reconsider whether they can support this nominee".

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