Tag: GOP senate

Legal Case to Smash Obamacare Hands the Democrats a Hammer

The following article by Abby Goodnough was posted on the New York Times website September 5, 2018:

Supporters of the Affordable Care Act rally at Burnett Park in Fort Worth, where a federal judge heard arguments on the constitutionality of the law.CreditCreditMax Faulkner/Star-Telegram, AP

FORT WORTH — More than 1,000 miles from the caustic Supreme Court confirmation hearing of Brett M. Kavanaugh, a federal judge in Texas on Wednesday listened to arguments about whether to find part or all of the Affordable Care Act unconstitutional, in a case that may end up before a newly right-leaning set of justices.

The case has become not simply a threat to the landmark legislation. Democrats have sought to make it both a flash point in the battle over whether to confirm Judge Kavanaugh and a crucial prong in their strategy to retake control of the House and Senate in the midterm elections.

It has already made some Republicans jumpy, especially those in tight re-election contests, because the Trump administration explicitly said in a legal filing in June that it agreed with the argument of Texas and 19 other Republican-controlled states that the law’s protections for people with pre-existing medical conditions are not constitutional. The administration is refusing to defend those guarantees. In that sense, although the case threatens one of the Democrats’ proudest achievements, it is also proving to be something of an election-year gift to their party.

View the complete article here.

Auto DraftWHAT’S AT STAKE: Kavanaugh’s Testimony Raises Even More Concerns

Three days into his confirmation hearings, Kavanaugh has still failed to answer important questions on his disturbing views of executive power, he’s given no assurances on his views of women’s rights or pre-existing condition protections, and his testimony has actually raised even more concerns. See for yourself:

Kavanaugh refused to give a clear answer on his views of women’s rights, and leaked emails have raised even more questions:

  • Kavanaugh “refused repeatedly” to say how he would rule on abortion, or whether he would uphold Roe v. Wade.
  • Kavanaugh referred to birth control pills as “abortion-inducing drugs.”
  • Kavanaugh defended his vote to block a teenage immigrant in federal custody from obtaining an abortion without delay.
  • Newly released emails revealed that Kavanaugh challenged the accuracy of deeming Roe v. Wade to be “settled law of the land.”
  • Kavanaugh refused to answer whether his views on Roe v. Wade have changed since his time in the Bush White House.

Kavanaugh refused to promise to uphold the ACA’s protections for people with pre-existing conditions:

  • Kavanaugh “demurred” on questions regarding his views about maintaining pre-existing condition protections.
  • Kavanaugh refused to say whether Trump could choose not to enforce a law to protect people with pre-existing conditions.
  • Kavanaugh refused to promise that he would uphold the ACA’s pre-existing condition protections.

Kavanaugh refused to answer important questions on executive power:

  • Kavanaugh refused to say whether Trump can pardon himself or pardon others in exchange for a promise to not testify against him.
  • Kavanaugh refused to answer whether a sitting president must respond to a subpoena.
  • Kavanaugh refused to say whether he stands by his view that a president can fire at will a prosecutor who is investigating him.
  • Kavanaugh refused to commit to recusing himself from cases involving Trump’s criminal liability, including the Mueller investigation.
  • Kavanaugh refused to answer whether a sitting president can be indicted or be the subject of a criminal investigation.

Kavanaugh Dodges Question on Pre-Existing Condition Provision

The following article by John T. Bennett was posted on the Roll Call website September 5, 2018:

Protections were a key part of the 2010 health care law

Supreme Court nominee Brett Kavanaugh faced senators again on Wednesday as his nomination hearing continued. Credit: Sarah Silbiger, CQ Roll Call

Brett Kavanaugh, President Donald Trump’s second Supreme Court nominee, on Wednesday declined to say whether he would vote to overturn a statute requiring insurance companies to cover pre-existing conditions.

The Barack Obama-era 2010 health care law includes protections for people with pre-existing conditions, but the Trump Justice Department has said it would not defend the provision. Democrats have signaled they view any effort to save it as a solid midterm campaign message.

Senate Judiciary Committee member Sheldon Whitehouse, D-R.I., said during a private meeting, the sitting federal appellate court judge would not guarantee that he would vote to uphold the pre-existing protections. The high court nominee did the same during his confirmation hearing before the panel.

Brett Kavanaugh disavows Brett Kavanaugh in his very first answer to the Senate Judiciary Committee

The following article by Ian Millhiser was posted on the ThinkProgress website September 5, 2018:

The charade begins.

Credit: Saul Loeb, AFP, Getty Images

Supreme Court nominee Brett Kavanaugh began the second day of his confirmation hearing — and the first day where he did more than read from a prepared statement — by suggesting that Brett Kavanaugh was wrong to criticize a famous Supreme Court decision limiting presidential power.

In United States v. Nixon, a unanimous Supreme Court led by Nixon-appointed Chief Justice Warren Burger, held that President Richard Nixon must turn over taped recordings and other documented sought by Watergate special prosecutor Leon Jaworski. Nixon resigned the presidency less than three weeks after this decision.

“To read the Art. II powers of the President as providing an absolute privilege as against a subpoena essential to enforcement of criminal statutes,” Burger warned, could “upset the constitutional balance of ‘a workable government’ and gravely impair the role of the courts.”

View the complete article here.

What’s at Stake for Women if Kavanaugh Is Confirmed to Supreme Court

The following is from a Center for American Progress email newsletter:

Women’s continued progress in the United States requires nominating judges who can bring an unbiased perspective that recognizes the diverse lives women lead every day. Any nominee intent on rolling back protections that have been critical for women’s advancement is undeserving of a seat on the Supreme Court. Judge Kavanaugh’s available record presents a troubling picture and reveals a philosophical approach that could jeopardize important workplace protections and rights that have spurred women’s equality and women’s progress.

Kavanaugh’s Hero Worship Threatens Women’s Equal Rights


A new report analyzes what Judge Kavanaugh’s embrace of ulta-conversative Supreme Court Justice Rehnquist could mean for the future of women’s rights in the United States. Read the analysis »

 

 

Kavanaugh’s Nomination to Supreme Court Threatens Workplace Protections for Women


Women’s continued progress in the workplace hinges on elevating judges who can bring an unbiased perspective to each case. Judge Kavanaugh’s judicial writings and speeches present a troubling picture that could turn back the clock on critical protections for women in the workplace. Read more »

Continue reading “What’s at Stake for Women if Kavanaugh Is Confirmed to Supreme Court”

Want to Know More About: Brett Kavanaugh Part 3

Sunlan Surfaty: “President Trump’s Supreme Court Nominee Brett Kavanaugh Citing Precedent And Refusing Repeatedly To Answer Questions That Could Be Crucial To Special Counsel Bob Mueller’s Investigation.” SURFATY: “Senate Democrats already frustrated with his lack of straight answers. President Trump’s supreme court nominee Brett Kavanaugh citing precedent and refusing repeatedly to answer questions that could be crucial to special counsel Robert Mueller’s investigation.” [New Day, CNN, 9/6/18; VIDEO]

Mika Brzezinski: “We’ll Play Some Of The Key Exchanges From The Brett Kavanaugh Hearing Including His Suggestion That He Hasn’t Put Into Much Thought If Whether A President Can Pardon Himself.” MIKA BRZEZINSKI: “Plus, we’ll play some of the key exchanges from the Brett Kavanaugh hearing including he has not put into much thought if whether a president can pardon himself. Check out this exchange when she pressed the supreme court nominee on whether he had discussed Mueller’s investigation at the law firm once represented trump in the law firm.” [Morning Joe, MSNBC, 9/6/18; VIDEO]

Hallie Jackson: “And On Some Key Issues, Particularly Those Related To Presidential Power And Matters That Might Come Up With The Special Counsel. It’s What Kavanaugh Didn’t Say That’s Making Headlines.” HALLIE JACKSON: “Today senators will get their second chance here with Brett Kavanaugh who has been fielding maybe unsurprisingly supportive questions from Republicans and combative ones from Democrats. And on some key issues, particularly those related to presidential power and matters that might come up with the special counsel. It’s what Kavanaugh didn’t say that’s making headlines. After nearly 20 hours facing fire from Democrats, more of it today for supreme court nominee Brett Kavanaugh.” [Today, NBC, 9/6/18; VIDEO] Continue reading “Want to Know More About: Brett Kavanaugh Part 3”

DAY 2: Kavanaugh Refuses To Give Direct Answers To Important Questions

Throughout Kavanaugh’s hearing today, Senate Democrats pressed him on many important questions that will have an impact on Americans’ futures. Kavanaugh refused to give direct answers. Here are just a few examples:

Senators called Kavanaugh out directly for not answering their questions:

Senator Durbin: “Judge Kavanaugh, that’s not the question.”

Kavanaugh refused to give a clear answer on his views on women’s constitutional rights:

Kavanaugh refused to answer Senator Feinstein’s yes or no question on whether his views on Roe v. Wade have changed since his time in the Bush White House.

Kavanaugh refused to commit to not overturning Roe v. Wade when asked by Senator Blumenthal. Continue reading “DAY 2: Kavanaugh Refuses To Give Direct Answers To Important Questions”

Kavanaugh Questions If Roe Is ‘Settled Law Of The Land’

What are Republicans hiding? Here’s a clue…

“As a White House lawyer in the Bush administration, Judge Brett Kavanaugh challenged the accuracy of deeming the Supreme Court’s landmark Roe v. Wade abortion rights decision to be ‘settled law of the land,’ according to a secret email obtained by The New York Times.”

New York Times: Leaked Documents From Kavanaugh’s Time in White House Discuss Abortion and Affirmative Action

By Charlie Savage

As a White House lawyer in the Bush administration, Judge Brett Kavanaugh challenged the accuracy of deeming the Supreme Court’s landmark Roe v. Wade abortion rights decision to be “settled law of the land,” according to a secret email obtained by The New York Times.

The email, written in March 2003, is one of thousands of documents that a lawyer for President George W. Bush turned over to the Senate Judiciary Committee about the Supreme Court nominee but deemed “committee confidential,” meaning it could not be made public or discussed by Democrats in questioning him in hearings this week. It was among several an unknown person provided to The New York Times late Wednesday.

Judge Kavanaugh was considering a draft opinion piece that supporters of one of Mr. Bush’s conservative appeals court nominees hoped they could persuade anti-abortion women to submit under their names. It stated that “it is widely accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land.” Continue reading “Kavanaugh Questions If Roe Is ‘Settled Law Of The Land’”

Trump suggests that protesting should be illegal

The following article by Felicia Sonmez was posted on the Washington Post website September 5, 2018:

President Trump has long derided the mainstream media as the “enemy of the people” and lashed out at NFL players for kneeling during the national anthem. On Tuesday, he took his attacks on free speech one step further, suggesting in an interview with a conservative news site that the act of protesting should be illegal.

Trump made the remarks in an Oval Office interview with the Daily Caller hours after his Supreme Court nominee, Brett M. Kavanaugh, was greeted by protests on the first day of his confirmation hearings on Capitol Hill.

“I don’t know why they don’t take care of a situation like that,” Trump said. “I think it’s embarrassing for the country to allow protesters. You don’t even know what side the protesters are on.”

View the complete article here.

Brett Kavanaugh refused to shake the hand of a gun violence victim’s father

The following article by Brianna Provenzano was posted on the Mic.com website September 4, 2018:

As Supreme Court nominee Brett Kavanaugh’s Senate confirmation hearing prepared to recess for lunch on Tuesday afternoon, Fred Guttenberg approached the embattled judge, hand outstretched, and introduced himself as the father of one of the teenaged victims of the February mass shooting in Parkland, Florida. Kavanaugh declined to shake.

In video footage captured during Tuesday’s Senate proceedings, Guttenberg can be heard introducing himself to Kavanaugh. “My daughter was murdered in Parkland…” he says as the Supreme Court nominee swiftly turns on his heel. Continue reading “Brett Kavanaugh refused to shake the hand of a gun violence victim’s father”