SCOTUS nominee chosen—The fight begins
GLORIA J. BROWNE-MARSHALL | 7/12/2018, midnight
Last year, Gorsuch was presented to Trump by conservative organizations to fill the seat of the late Justice Antonin Scalia, a conservative. Similarly, Kavanaugh’s name was provided to the White House by the Federalist Society, a conservative law organization, and the Heritage Foundation, a conservative think-tank. Conservatives are seeking consistently conservative jurists. Kennedy gained a reputation as a “swing justice” because he supported abortion rights, gay rights and same-sex marriage despite his conservative pedigree. When Chief Justice John Roberts, a conservative nominated by George W. Bush, ruled that the Affordable Care Act was constitutional he was denounced by conservatives. Justice Clarence Thomas, nominated by President George H.W. Bush, and the only African-American on the Court, has been the most consistently conservative, ruling against voting rights, affirmative action, abortion rights and the Affordable Care Act.
Democrats want to slow down the confirmation process until after the midterm elections in November, hoping to capture control of the Senate. McConnell has said that he is pushing to hold confirmation hearings in the early fall. Millions will be spent by advocates for and against Kavanaugh’s nomination. The battle over this nomination may end over one single vote in the Senate. The Supreme Court’s term begins in October.
Gloria J. Browne-Marshall is a legal correspondent, author of “The Voting Rights War” and a professor of constitutional law at John Jay College (CUNY). She is working on her first novel.