One of the biggest concerns for Senate Democrats in 2018’s confirmation hearing of Brett Kavanaugh was that the judge would use his power to help Donald Trump’s agenda.
Now, according to CNN legal analyst Joan Biskupic, “multiple sources” have revealed that Justice Kavanaugh “urged his colleagues in a series of private memos this spring to consider avoiding decisions in major disputes over abortion and Democratic subpoenas for President Donald Trump’s financial records.”
The Supreme Court recently struck down an anti-abortion law in the June Medical Services v. Russo case in Louisiana.
According to Biskupic, Kavanaugh wanted the Court to “sidestep” the June Medical case — and his “plan would have ensured the law — a credentialing mandate for doctors who perform abortions — would not go into immediate effect, but also ensured that the justices would not have to put their own views on the line.”
Similarly, Biskupic notes that Kavanaugh wanted the High Court to “avoid the subpoena fight over Trump financial documents, based on the judicial principle that courts should stay out of cases involving fundamentally political questions.”
“Throughout the recent Court session, as Kavanaugh revealed a desire to avoid certain thorny dilemmas, the newest justice also demonstrated a pattern of trying to publicly appeal to both sides,” Biskupic notes. “His style of accommodation was on display in recent disputes over gay and transgender workers and, separately, undocumented immigrants who came to the U.S. as children.”
According to Biskupic, the memos indicate that Kavanaugh was worried about being perceived as a pro-Trump ideologue.
“In 2018, Trump chose Kavanaugh to succeed Kennedy, convinced by advisers that the (George W.) Bush loyalist would be true to Trump and his brand of conservatism,” Biskupic explains. “Kavanaugh has not turned his back on the politicians who guaranteed his High Court ascension, but his writing has suggested he does not want to appear to be a reflexive conservative vote — particularly against women.”
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