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'Personal Liberty' Litmus Test for Supreme Court Nominees

09 July 2018
'Personal Liberty' Litmus Test for Supreme Court Nominees

Kavanaugh, who worked on the investigation that led to President Bill Clinton's impeachment, later wrote that he thinks presidents shouldn't have to deal with criminal investigations or civil lawsuits while in office - a view that Trump might find attractive.

The hope is to pressure GOP Sens. Lisa Murkowski (R-AK) and Sen. Neither faces re-election this year, but both are centrists who've backed abortion rights and helped block their party's 2017 drive to repeal former President Barack Obama's health care statute. "When the Republicans thought they had the votes to repeal healthcare, the American people spoke up - went to town hall meetings, marched - and the Senate heard them". Susan Collins of ME, two relative centrists who have expressed concern over the dismantling of abortion rights in the U.S.

Read Cruz's full op-ed here. It's also possible he could be trying to nudge Trump toward picking Barrett.

The way just a handful of Republicans and Democrats in the Senate decide to vote could tip the balance of any potential nominee.

But last week a political tornado barreled through her campaign and those of other red-state Democrats trying to keep their seats in a Senate that Republicans narrowly control.

"There's a reason we still have the ACA, OK?" "There's an easy linkage for these two issues", and that, she says, will motivate swing voters and the base: women, baby boomers who don't want to lose their health benefits, and Millennials who thought reproductive rights were resolved. "And that's because we have these senators".

Of the three, Barrett might have the most controversial credentials. The first two are the top contenders for the position, said NPR. And she engendered some - or I should say Senator Feinstein engendered some controversy when, at Judge Barrett's confirmation hearings, she said something to the nominee along the lines of the dogma - meaning Catholic teaching - lives loudly within you. He is actually, interestingly enough, a longtime colleague on the 3rd Circuit with Judge Maryanne Trump Barry, who happens to be Donald Trump's older sister.

"Two issues of ... profound outcome, which could well defeat a nominee who opposes them, are the fate of affordable health care and a woman's freedom to make the most sensitive medical decisions about her body", he wrote in a New York Times op-ed Monday.

The brewing fight is already highlighting Democrats' strains. A vote against one of Trump's Supreme Court nominees could add a lot more fuel to the fire. Women's March helped organize a noisy Senate office building protest against Trump immigration policies last week in which almost 600 women were arrested. Honestly, I could pick any of the 25 and they would be terrific.

Republicans are mocking Democratic opposition to a nominee who's not yet been named. Additionally, it's worth keeping mind that, even before the retirement announcement by Justice Kennedy, Senate Majority Leader Mitch McConnell had announced that the Senate will be returning from the August recess early, on August 13th, to deal with pending nominations.

During a campaign rally in Montana Thursday, Trump sought to build expectations among supporters for his nominee.

Trump, who is expected to reveal his nominee in the coming days, stressed in his weekly presidential address that the next Supreme Court justice should reject judicial activism and policy-making from the bench. The groups said her litmus test was insufficient because past nominees have said they'd honor precedents but ruled otherwise as justices.

In April, the state House passed a "fetal pain" law banning abortions after 20 weeks.