Wed, Sep 05, 2018 - Page 7 News List

Kavanaugh faces tough Senate test

LAID BARE:US President Donald Trump’s pick for the US Supreme Court is to face questions ranging from abortion rights and presidential immunity to gun control


Conservatives are increasingly trying to limit the federal government’s ability, under a 1984 case involving the Chevron oil company, to regulate industry.

Kavanaugh appears to have shared some of these views. Republicans largely welcome that approach, but Democrats would be listening to see if he would tip the majority away from the Chevron case and limit the government’s ability to fill in the details of law with administrative actions.


Testifying before the US Senate 12 years ago, Kavanaugh said he was not directly involved in drafting Bush-era policies for detaining and interrogating terror suspects.

However, a short time later, news accounts suggested he had discussed in the White House how the US Supreme Court would view such policies.

Democratic US senators Dick Durbin and Patrick Leahy questioned his honesty at the time. Those questions are likely to resurface this week.

After meeting privately with Kavanaugh ahead of the confirmation hearing, Durbin said Kavanaugh confirmed his involvement in the Bush-era discussions of detention policy, making his earlier testimony “misleading at best.”


The role of money in politics is increasingly being decided by the US Supreme Court.

Landmark cases opened the door to new political action committees with unlimited and undisclosed spending arrangements.

Kavanaugh wrote a key 2009 opinion, Emily’s List vs Federal Election Commission, siding with the advocacy group that the First Amendment protects the rights of individuals to express their views.

US senators would want to hear more.


Among those witnesses testifying on the final day of Kavanaugh’s hearing is to be a survivor of the Parkland, Florida, high-school shooting.

US Senator Dianne Feinstein, the top Democrat on the committee, has previously raised concerns about Kavanaugh’s legal approach to the Second Amendment.

He dissented in a key District of Columbia case prohibiting assault weapons.

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