Given the fact that hearings begin today Sept. Kavanaugh, unlike nominees who have come before him, including Neil Gorsuch in , is an exceptionally controversial candidate for the high court—in great part because of his politically charged past. At the time, Kavanaugh was a strong believer in presidential impeachment.
Such an outcome would ill serve the public interest, especially in times of financial or national security crisis. Opponents also believe Kavanaugh will make the high court take a starkly conservative turn. We use cookies and other tracking technologies to improve your browsing experience on our site, show personalized content and targeted ads, analyze site traffic, and understand where our audiences come from.
To learn more or opt-out, read our Cookie Policy. Richard Blumenthal D-CT. This underscores just how absurd this process is. Not a single senator will be able to review these records before tomorrow. Dianne Feinstein D-CA last week. The decision to dump such an extensive collection of documents the day before the confirmation hearing was unique, however. This is ultimately a sign of how far norms in the judicial confirmation process have deteriorated.
There may be nothing of note in those documents. Though the fight over the documents became very public on Tuesday, the conflict has been simmering since Kavanaugh was nominated.
Although the Constitution provides no process for making a binding and enforceable determination that a particular Supreme Court Justice take no part in the consideration and decision of a specific case or set of cases, it does not follow that the Constitution, read with fidelity to its structure and its purposes and in light of the precedents construing its implications, has nothing to say on the matter to a justice who was worthy of confirmation in the first instance.
On the contrary, we believe the Constitution instructs that a judge nominated to the Court in the situation that currently confronts Judge Kavanaugh recuse himself from the full swath of cases presenting the issues of personal presidential liability this paper identifies—and that precedent demands he do so now, as other nominees have done under far less compelling circumstances. Those cases are Caperton v. Massey Coal Co. Pennsylvania , and Williams-Yulee v.
Florida Bar , which we describe in detail below. That includes the paramount interest at stake in this case of protecting the public faith in the judicial system as a cornerstone of the legal process as a whole and as a guardian of the rule of law. Kavanaugh's confirmation hearing began Tuesday at a. EDT, and is expected to last three or four days. Brett Kavanaugh Supreme Court. Newsweek magazine delivered to your door Unlimited access to Newsweek.
The Bush legal team had already turned over about , pages to the committee, with about , of them withheld from public view. President Donald Trump has claimed executive privilege to prevent release of more than , pages of records from Kavanaugh's tenure in the White House.
Kavanaugh, as "an associate and senior associate White House counsel, dealt with some of the most sensitive communications of any White House official," including deliberations on judicial candidates, Burck said in a letter to the committee Friday. The level of production of documents from Kavanaugh's White House days, both in the counsel's office and as Bush's staff secretary, has been a central point of attack for Democrats jousting with the White House and Republicans over the Trump's second Supreme Court nominee.
Demands for documents from his staff secretary service have been rejected by Republicans.
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