Below is my column in the Hill newspaper on the nomination of Brett Kavanaugh to replace retiring Associate Justice Anthony Kennedy. It seems likely that Kavanaugh will be confirmed absent some earth-shattering disclosure in the confirmation process.
President Donald Trump has nominated Judge Brett Kavanaugh of the United States Court of Appeals for the District of Columbia to replace retiring Associate Justice Anthony Kennedy. Kavanaugh was opposed by some conservatives and is not viewed as strongly anti-abortion as Amy Coney Barrett of the U.S. Court of Appeals for the Seventh Circuit. However, he is highly intelligent and accomplished. I have a column out this morning in The Hill newspaper.
Below is my column in the Hill newspaper on why the most creative and productive individuals are often disfavored in our modern confirmation system. With the announcement of the new nominee this evening by President Donald Trump, we will have the state of a counterintuitive process that favors those who are the least forthcoming or open about their views.
Below is my column in USA Today on politics over Roe and the Supreme Court vacancy. The new vacancy and the the earlier pro-life pledge of President Donald Trump is something of a bill come due for Republicans. It is a bill that some Republicans privately do not want to pay.
Below is my column in The Hill newspaper on the latest rationale for opposing any nominee of President Donald Trump: that any nomination or confirmation must wait until the completion of the investigation by Special Counsel Robert Mueller. It is a claim being voiced by both politicians and academics despite the absence of constitutional or historical support.
Below is my column in the Washington Post on the implications of the resignation of Associate Justice Anthony Kennedy and his own decisions setting aside prior precedent. Indeed, Kennedy’s last week before announcing his resignation reenforced the very arguments that could be used by a new conservative majority to strip away his legacy. Indeed, Kennedy spent the last week eagerly sawing away on the branch on which he and his legacy rests.
The announced retirement of Associate Justice Anthony Kennedy has rocked Washington. I have columns that will be coming out in both the Washington Post and The Hill addressing different aspects of this news. However, the departure of the last Reagan nominee is obviously the end of an era for the Supreme Court as an institution. As someone with well-known libertarian leanings, I have always had a strong identification with Kennedy’s jurisprudence. While conservative in his approach, Kennedy believed that the most sacred role of the Constitution was to protect individuals in quest for meaning and identification in their lives. I always found Kennedy both personally and judicially to be a man of grace and profound sensitivity. I have long dreaded his leaving the Court, which will be the worst for his departure.