Browse {{ selectedName }}

The latest in {{ selectedName }}

{{ article.name }}

{{ article.postedAt }}
Others

Where Supreme Court nominee Brett Kavanaugh stands on key issues

0
Escuchar
Guardar

President Donald Trump announced on Monday his decision to nominate Brett Kavanaugh to fill the Supreme Court vacancy created by Justice Anthony Kennedy’s decision to retire.

Kavanaugh, 53, currently serves as a judge on the powerful US Court of Appeals for the District of Columbia Circuit. Here’s where he stands on some hot-button issues:

Abortion

Because he was a swing-vote in favor of abortion rights, Kennedy’s departure from the court has sparked alarm among abortion rights activists that Roe v. Wade, the landmark Supreme Court ruling that legalized abortion nationwide in 1973, could be overturned. In addition, Trump has long vowed to appoint justices who would reverse Roe and allow states to determine whether abortion should be legal.

Kavanaugh has not expressed outright opposition to Roe v. Wade.

One of his opinions likely to draw scrutiny from senators is a his dissent from a ruling of the DC Circuit last October that an undocumented immigrant teen in detention was entitled to seek an abortion.

In his dissent, Kavanaugh wrote the Supreme Court has held that ‘the government has permissible interests in favoring fetal life, protecting the best interests of a minor, and refraining from facilitating abortion.’ He wrote that the high court has ‘held that the government may further those interests so long as it does not impose an undue burden on a woman seeking an abortion.’ He said the majority opinion was ‘based on a constitutional principle as novel as it is wrong: a new right for unlawful immigrant minors in US government detention to obtain immediate abortion on demand.’ He added, however, that ‘all parties to this case recognize Roe v. Wade and Planned Parenthood v. Casey as precedents we must follow.’

Religious liberty

Kavanaugh’s opinion in a case involving a challenge under the Religious Freedom Restoration Act to the Affordable Care Act’s so-called contraceptive mandate, Priests for Life v. HHS, has also drawn scrutiny. In a dissent, he expressed sympathy for the religious challengers. Making reference to the Supreme Court’s ruling in Burwell v. Hobby Lobby, he wrote that ‘the regulations substantially burden the religious organizations’ exercise of religion because the regulations require the organizations to take an action contrary to their sincere religious beliefs.’

In a line that has attracted some conservative criticism, however, Kavanaugh also wrote in his dissent that Supreme Court precedent ‘strongly suggests that the government has a compelling interest in facilitating access to contraception for the employees of these religious organizations.’

Separation of powers and executive branch authority

In his time on the DC Circuit, Kavanaugh established a reputation as a skeptic of regulatory action supported by the Environmental Protection Agency under the Obama administration.

In 2012, he argued in a dissenting opinion that the EPA ‘exceeded its statutory authority’ in a case challenging the agency over the regulation of greenhouse gases. In a separate 2014 opinion, Kavanaugh was again critical of the EPA, writing, ‘In my view, it is unreasonable for EPA to exclude consideration of costs in determining whether it is ‘appropriate’ to impose significant new regulations on electric utilities.’

In a decision suggesting broad skepticism of agency power, Kavanaugh dissented when the DC Circuit upheld the Consumer Financial Protection Bureau, run by a single director, earlier this year, writing, ‘The independent agencies collectively constitute, in effect, a headless fourth branch of the US Government. They hold enormous power over the economic and social life of the United States. Because of their massive power and the absence of Presidential supervision and direction, independent agencies pose a significant threat to individual liberty and to the constitutional system of separation of powers and checks and balances. To mitigate the risk to individual liberty, the independent agencies historically have been headed by multiple commissioners or board members.’

Separately, in a 2009 Minnesota Law Review article, he wrote that ‘Congress might consider a law exempting a President — while in office — from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel.’ In the same article, however, he noted, ‘If the President does something dastardly, the impeachment process is available.’

Second Amendment

In 2011, Kavanaugh dissented from a majority opinion of the DC Circuit that upheld a ban that applied to semiautomatic rifles in the District of Columbia.

In his dissent, he wrote that the Supreme Court had previously ‘held that handguns — the vast majority of which today are semi-automatic — are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens.’

Citing a previous high court ruling, Kavanaugh went on to say, ‘It follows from Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that DC’s ban on them is unconstitutional.’

The-CNN-Wire

Comentarios {{ comments_count }}

Añadir comentario
{{ commentSize }}/500
{{ error }}
{{ article.author }}
Premium
{{ article.postedAt }}
Mostrar {{ article.child_count }} respuestas
{{ article.like_count }}
{{ commentSize }}/500
{{ error }}
{{ child.author }}
Premium
{{ child.postedAt }}

{{ child.content }}

{{ child.like_count }}
{{ error }}

Opinión y Comentarios

Alexis Quiñones

Lawyer

Adriana Sanchez

Law and sport

Dr. Barbara D. Barros

Mental Health & Menopause

Brian Díaz

President & Founder Pacifico Group

José Julio Aparicio

Politics and law

Dennis Dávila

Cinema

Mr. Eddie López Serrano

Lawyer and political analyst

González Pons MD

Radiologist

Enrique A. Völckers-Nin

Public innovation

Lcda. Lisoannette González

Lawyer

Heriberto N. Saurí

Health and emergencies

Jaime Sanabria

Professor of Law

Kiara Genera

Renewable Energy

Laureano Giraldez MD

Otorhinolaryngology and Head and Neck Surgery

Moises Cortés

Financial Consultant

Orlando Alomá

Startup Project Manager

Tomás Ramírez

Ramón L. Rosario Cortés

Politics and law

Víctor García San Inocencio

Politics and justice

Luisito Vigoreaux

Cultural and Entertainment Columnist

William Maldonado

Economista y Estratega Financiero

Welcome to Noticel

Start creating an account

{{ errors.firstname }}
{{ errors.lastname }}
{{ errors.email }}
{{ errors.password }}

Must be at least 8 characters long.

Must contain numbers and letters.

Cannot begin or end with a space
{{ errors.password_confirm }}
Already have an account? Access
Click "Get Started" to accept Noticel's Terms of Service and acknowledge that the Privacy Policy Noticel's applies to you.

Verificación de cuenta

Te enviamos un correo electrónico con un enlace para verificar tu cuenta. Si no lo ves, revisa tu carpeta de correo no deseado y confirma que tienes una cuenta vinculada a ese correo.

Forgot your password?

Enter your account email address and we'll send you a link to reset your password.

{{ errors.email }}

Forgot your password?

Le hemos enviado un correo electrónico a {{ email }} con un enlace para restablecer su contraseña. Si no lo ve, revise su carpeta de correo no deseado y confirme que tiene una cuenta vinculada a ese correo electrónico.

Personalize your feed

Please verify that your email address is correct. Once the change is complete, use this email to log in and manage your profile.

Choose your topics

Cancel Update
Profile updated.
Eng

Categories

El Tiempo

Last Minute

Life & Wellness

Videos and Photos