Kevin, United States discussed on Monocle 24: The Foreign Desk


United states about trump's two nominations so fug go such and kevin is there an element of the trump affected work he though have they been more controversial because donald trump appointed them by which i guess i'm asking would it have seemed remarkable if president jeb bush oh president marco rubio president mitt romney had picked odds of these two so i think both neal gorsuch in brick kevin are exactly the sort of people that george w bush might have appointed when he was president certainly the kind of people that jeb bush or marco rubio would have appointed but i think liberals would have been agitated in response to those decisions because liberals understand just like conservatives understand how important the supreme court is i think the extra agitation we might be detecting traces to the fact that antonin scalia dies about a year before president obama leaves office the president therefore had the prerogative to nominate someone to fill his seat president obama sensing the possibility of a backlash nominates a not even a liberal judge moderate judge merrick garland to fill scalise eat and the republicans refuse to even meet with him refuse to have hearings refuse to seat him they refused even have a vote on whether to approve merrick garland and i think that left the supreme court with only eight seats for a year or so so that wants president trump was in an office he could install his own person and i think the democrats were upset about that at the time but because they thought hillary clinton was going to win the election they weren't as upset as they might have been but now they're really realizing what a travesty that was that that was their chance to get a liberal on the court or at least a moderate on the court someone that my it ruled on decision somewhat down the middle and they lost that and so i think the vitriol is fueled by this sense that the democrats have had a supreme court seats stolen from them realistically though e even in the most nightmarish projection how much could a heavily trump influence supreme court supposing he gets to nominate another two or three more judges which is not by any means impossible some of them getting any younger how much damage you'll reversal could they do to what might be thought of as as progress especially in in civil rights in recent decades because as is the case in in any situation what is already there has a certain power the status quo does take some shifting however determined and powerful to people who are trying to shift it absolutely so brett kavanagh's is going to be replacing justice anthony kennedy anthony kennedy was widely regarded as the swing vote on the court someone who sometimes sided with the liberals especially on social issues such as gay rights such as a portion rights but often sided with conserve on issues such as business regulation now what's clear is that brett kavanagh is probably going to be a few notches to the right of anthony kennedy and that will mean the swing vote on the court is the chief justice john roberts who's a stalwart conservative appointed by george w bush so there's no doubt that the court with brett cavanaugh on it is going to be further to the right and that's going to have implications so a lot of states are trying to pass laws that ship away at the right to abortion and the supreme court has held time and time again that you can regulate abortion so long as you don't put what's called an undue burden on the decision to seek an abortion will what counts as an undue burden this gives the court some latitude to reinterpret that in a way that's going to be favorable to some social conservatives in based on his past opinions it's highly likely that brett cavanaugh is going to vote in favor of those restrictions now whether this will mean that he's going to come down and support a.

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