Chip Somodevilla/Getty Images(WASHINGTON) — President Donald Trump has announced U.S. Circuit Court Judge Brett Kavanaugh as his second U.S. Supreme Court justice pick less than two years into his presidency.
In a prime-time announcement in the East Room of the White House, President Trump set the stage for a high-stakes battle over a nominee who lawmakers from both sides of the political spectrum have argued could alter the course of the nation’s highest court for a generation.
Kavanaugh, 53, is a Yale Law School graduate who has served on the D.C. Circuit Court for 12 years and was once a former clerk to the retiring Justice Anthony Kennedy. While Kavanaugh was framed as the more “establishment” conservative pick of the other candidates, various Republicans had phoned President Trump last week to voice their objections over his potential nomination, including a 2011 opinion where he declined to rule the Obamacare health insurance mandate as unconstitutional.
Democrats, meanwhile, have raised alarm not just over Kavanaugh’s conservative bona fides, but one of past academic writings in which he argued presidents “should be excused from some of the burdens of ordinary citizenship while serving in office” such as responding to civil lawsuits and investigative inquiries based out of criminal charges. Such a stance could prove relevant if the Supreme Court is ever tasked with deciding the fate of actions in Robert Mueller’s Russia investigation, such as an attempt at subpoenaing the president for an interview.
With mere hours left to go before his self-imposed deadline, Trump, who had been consulting with family, friends and advisers this past weekend while in Bedminster, New Jersey, had not made a final decision.
Multiple sources told ABC News that as of Sunday, the final four individuals Trump was considering for the vacancy were Kavanaugh, Amy Coney Barrett, Raymond Kethledge and Thomas Hardiman.
Trump’s aides have prepared briefing books and booked television spots for his pick, anticipating that they’d have little time to spare between his decision and the reveal, sources tell ABC News.
In the run-up to his announcement, the president had targeted four top contenders from a list of 25 administration-approved judges, former judges and one member of Congress, as curated by Leonard Leo, executive vice president of the Federalist Society and Trump’s top Supreme Court adviser.
In anticipation of Trump filling the vacancy left by the retiring Anthony Kennedy – widely considered to be the court’s “swing vote” – with a judge thought to have more conservative bona fides, many outside advocacy groups are already bracing for what will likely be a contentious confirmation battle.
Conservative groups like the Judicial Crisis Network and American Crossroads have each pledged over $1 million in ads encouraging support or opposition to Trump’s eventual nominee.
Meanwhile, liberal groups like NARAL Pro-Choice, Protect our Care and Demand Justice are pouring millions into ad campaigns of their own, drawing attention to what a conservative-leaning justice might mean for abortion rights, in particular.
Liberal groups have geared up to protect Roe v. Wade, the Supreme Court case that upheld women’s rights to an abortion, from being overturned.
“They know that they will not get a justice nominated if the American people know this is what they want to do,” NARAL Pro-Choice America President Ilyse Hogue said in a call with reporters last week. “What we need to know is that anyone coming onto the Supreme Court is going to uphold the law of the land and particularly a woman’s right to decide what happens to her own body.”
The issue even prompted moderate Republican Sen. Susan Collins, of Maine, to speak out, telling Stephanopoulos last week that a candidate who would overturn Roe v. Wade “would not be acceptable,” because it indicates an “activist agenda” she didn’t want to see in a judge.
Conservatives, meanwhile, have both downplayed and hailed the possibility of reversing Roe.
“I think it’s a bit of a scare tactic and rank speculation,” Leo said on “This Week” Sunday, saying “nobody really knows” how Trump’s nominee would rule on abortion if it ever arose.
“This is the moment conservative women have been waiting for — the chance to return justice and constitutional limits to the nation’s highest court,” Penny Nance, CEO and president of Concerned Women for America, said in a statement in June. “Our nation is at a pivotal moment, and CWA ladies will be in the center of the action, protecting our future children and grandchildren with grace and dignity.”
Democrats may have a tough time putting up a procedural fight in the Senate, though, after Republicans in 2017 triggered the so-called “nuclear option” that allowed them to end Democratic filibustering of then-nominee Gorsuch by a simple majority vote, as opposed to the 60 votes previously required.
The Republican party and other top political allies of the president have signaled they will set their sights on pressuring a select number of red-state Senate Democrats up for re-election in states President Trump won in 2016, including three who actually voted for the president’s previous nominee Neil Gorsuch in 2017.
The White House extended invitations to Democratic Sens. Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana, Joe Manchin of West Virginia, and Doug Jones of Alabama to attend the evening White House announcement, but all declined to attend.
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