By Judith Shamir:
Donald Trump has always made it abundantly clear that his choice for the Supreme Court would be someone who, like him, is staunchly determined to overturn abortion rights as well as many other civil and human rights. In picking Brett Kavanaugh as his nominee, he is fulfilling that promise.
Kavanaugh’s pick is the most frightening of all the prolific steps toward autocracy that the Trump regime has taken so far. Seeing Trump’s cozy conversation, just concluded, with his Russian puppet master in Helsinki highlights the danger of picking a nominee with so little regard for rights and rule of law.
Whatever he might say about respecting precedent and giving due consideration to the facts of each case, Mr. Kavanaugh has demonstrated that he will not hesitate to bend the law to serve his views. In a dissenting opinion on a recent DC Circuit Court decision, Kavanaugh argued against allowing a young undocumented woman to access abortion care, putting her health at risk by delaying the procedure. In another dissent, he argued that the Affordable Care Act’s contraceptive coverage requirement places a “substantial burden” on religious employers who seek exemption from this mandate.
Some might say that we dodged a bullet – that Kavanaugh is actually more “moderate” than other potential nominees. Should we feel relief then? Certainly not. Kavanaugh believes the President should not be subject to subpoena or charged with a crime while in office. His writings indicate that he would favor dismissing the independent counsel’s investigation as unconstitutional, making the prospect of his participation in Supreme Court rulings regarding the Mueller investigation yet another dramatic threat to American democracy.
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