In June of 2018, Justice Anthony Kennedy retired after having served 30 years on the Supreme Court. With his retirement, he left one of nine spots on the Supreme Court open. The court is the highest federal court in the United States, and its primary function is to interpret the constitutionality of laws, acts, etc. Their rulings have a major effect on the upholding or suppressing of civil and human liberties. Supreme Court Justices serve for life and are nominated to the position by the sitting President. To be confirmed, the nominee must approved by the Senate. Trump nominated Brett Kavanaugh; here’s what you should know.
So, who is Brett Kavanaugh?
Brett Kavanaugh is currently a justice for the United States Court of Appeals for the District of Columbia Circuit. He has served on that court for over 12 years and has heard many major cases. Historically, he has ruled in a significantly conservative manner.
What’s an example of a major case he’s taken part in?
Last year, Kavanaugh was part of the three-justice panel that heard the case Garza v. Hargan, which had already been appealed by the government and had gained significant media attention. The case regarded an undocumented 17-year-old’s right to seek an abortion while being held in federal custody. Kavanaugh voted in favor to keep the minor in custody until she could be assigned a sponsor—which he did not see as placing an undue burden on her right to abortion. Effectively delaying the minor’s termination by over a month. Ultimately this decision was overturned by a larger court, which Kavanaugh again disagreed with. The minor was eventually able to attain her abortion with no further delay. Kavanaugh is believed to be pro-life (anti-abortion).
He’s been accused of sexual assault.
Dr. Christine Blasey Ford, a professor at Palo Alto University, wrote a letter to Congress members accusing the Supreme Court nominee of pinning her down on a bed, attempting to remove her clothing, covering her mouth when she tried to scream, and sexually assaulting her at a party when they were both teenagers in the early 1980s. She initially requested that her identity remain anonymous, but then went public with her story.
Kavanaugh has denied these allegations. Ford has agreed to testify before a Senate committee regarding the assault.
What are the chances that he is confirmed?
It was previously believed that the confirmation vote would be close. The Senate is currently made up of 51 Republicans and 49 Democrats, and it was suspected that the vote would be split between the parties (Kavanaugh has a more conservative ruling record, making him an unattractive candidate for liberals), although there are still many Senators who have not taken a clear stance.
However, the recent sexual assault allegation has received extensive media and its affect of public and Senate opinion of Kavanuagh remains to be seen. It is worth noting that Justice Clarence Thomas was accused of sexual harassment by his former employee, Anita Hill in 1991 during his confirmation process. He sits on the Supreme Court today.
If confirmed, what impact would this possibly have?
Although Kavanaugh’s leanings in the past do not necessarily dictate his possible future on the Supreme Court, we can look to them as a guide. Whereas recently retired Justice Kennedy took a moderate stance regarding social issues, Kavanaugh has shown significantly more conservative leanings. If he’s confirmed, the Supreme Court would be compromised of a 5-4 Republican majority. There is large concern that—given that a case regarding the right to abortion is making its way up to the Supreme Court— Kavanaugh could be the key vote in overturning Roe v. Wade (the landmark case in which the Supreme Court ruling made abortion a constitutional right in the U.S.). It’s also highly possible that, if Roe v. Wade is not completely overturned, there could still be partial changes made that would make seeking an abortion much more difficult.
Additionally, if confirmed and assuming he is guilty of sexual assault, a message will be sent to survivors that their attackers will not be held accountable.
Would abortion become illegal if Roe v. Wade was overturned?
It depends on the state. According to an analysis done by the Center for Reproductive Rights, 22 states are at high risk of abortion being completely banned if Roe v. Wade is overturned. Another 8 states are at moderate risk, while 21 states seem to have additional laws in place that will protect the right to abortion regardless of the Roe v. Wade ruling.
Does the public have any say in Kavanaugh’s confirmation?
Ultimately, the Senate will be voting to confirm/deny Kavanaugh’s place on the Supreme Court Justice. A specific date for this vote is yet to be set, but it’s rumored to be taking place this fall. If you want to weigh in, call your state Senators and let them know why you think Kavanaugh is fit/unfit to serve on the most powerful court in the country.
*Roni Bowen is an editorial intern for Killer And A Sweet Thang.