"Anybody who follows this process - I've been on the judiciary committee for about 3 1/2 years now - we know that those are out of bounds for any nominee to answer".
Kennedy broke some of the court's most monumental liberal-conservative ties, the most recent of which included decisions on the president's travel ban, labor unions and anti-abortion pregnancy centers. Trump was decided on Kavanaugh by Friday, but waited until Sunday to inform the nominee. While women have come forward to report abuse by Kozinski that occurred as early as the mid-1980s, there have been no known reports of Kavanaugh being aware of such behavior, or it occurring while he worked for Kozinski.
Since Sen. John McCain's (R-AZ) health is keeping him in Arizona, one Republican vote against Kavanaugh could kill the nomination.
And, if the party opposes any Trump nominee, Democrats "run the risk of losing seats and perhaps even the chance of regaining a majority", Schoen said.
Unless the Supreme Court chooses to step in, the U.S. Court of Appeals for the District of Columbia Circuit has the last word in cases arising out of the detention or prosecution of noncitizens detained as "enemy combatants " at Guantanamo Bay. Joe Manchin of West Virginia, who all voted for Trump's initial Supreme Court pick, Neil Gorsuch, last year.
"I don't think there's much that Democratic senators can do to slow down or to prevent his confirmation", said Suffolk Law professor Rene Reyes. They have included backing citizens' right to own semi-automatic rifles, delaying a teenager from getting an abortion by detaining her for being in the US illegally and supporting a religious-liberty challenge to the Affordable Care Act's contraceptive coverage mandate. That's praise in Trump Country.
"Don't tell me this battle is already lost - I don't believe that".
"Dissents don't typically cause a big stir, and this one might have just been a legal footnote except for one thing: The argument that the payment for the mandate was a tax-and not a penalty-became a central argument at SCOTUS when considering whether the Affordable Care Act was constitutional". Kavanaugh sided with a religious group that objected to having to notify their insurer or the federal government if they wanted an exemption. But the Democratic fight for congressional control could take a hit in the Senate, where party incumbents are fighting for their political futures in deep-red states where control of the court could be an important factor for voters. Murkowski is outwardly supportive of abortion rights and has voted to fund Planned Parenthood with Democrats in the past. Their certainty - and outrage - that one man will have the power to dispense rights they view to be nonexistent, and dispense with others they consider inalienable, only shores up a fact that the left will nearly never admit: the federal government has far too much power. The president has faced allegations of sexual harassment and remains under investigation for obstruction of justice in the Russian Federation election meddling investigation. Trump also has suggested he could pardon himself.
Ever since, circumstances have meant that presidents have been able to fill just two openings each. Bill Clinton, for example, "could have focused on Osama bin Laden without being distracted by the Paula Jones sexual harassment case and its criminal investigation offshoots", Kavanaugh wrote.
"Whether the Constitution allows indictment of a sitting president is debatable", Kavanaugh wrote in the Georgetown Law Journal in 1998.