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Donald Trump to announce second supreme court nominee – live updates Donald Trump names Brett Kavanaugh as supreme court nominee – live
(35 minutes later)
He will announce his pick any moment. Gun rights activists will be cheering Trump’s selection of Kavanaugh, who has a clear pro-gun record.In 2011, Kavanaugh wrote a dissent arguing that D.C’s local assault weapon ban was unconstitutional:“There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semiautomatic rifles,” he wrote. ”Semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Moreover, semiautomatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.’s ban on them is unconstitutional.”While the federal assault weapons ban lapsed in 2004, seven American states and the District of Columbia still have local assault weapon bans, and several parents of victims of the February 14 Parkland, Florida school shooting have been pushing for stricter federal controls on assault weapons.Everytown for Gun Safety, which supports stricter gun laws, said Kavanaugh’s record “demonstrates a dangerous view of the Second Amendment that elevates gun rights above public safety” and said he “has made clear he would strike down prohibitions on the AR-15 and other assault-style weapons.“We’ve never had a justice nominated to the Supreme Court with as much of a clear Second Amendment record” as Kavanaugh or as runner-up Thomas Hardiman, said Dave Kopel, an attorney and gun rights advocate, said shortly before the decision was announced. “There were lots of people who voted for Trump with great reluctance because of his personal qualities, but ultimately decided the Supreme Court was the most important issue,” Kopel said. Tonight, those people “can very much feel that their work was worthwhile.”
Senate majority leader Mitch McConnell called Kavanaugh a “superb choice” and “an impressive nominee who is extremely well qualified” to serve on the court.
Judge Kavanaugh has sterling academic credentials. He is widely admired for his intellect, experience, and exemplary judicial temperament. He has won the respect of his peers and is highly regarded throughout the legal community. And his judicial record demonstrates a firm understanding of the role of a judge in our Republic: Setting aside personal views and political preferences in order to interpret our laws as they are written.
I look forward to meeting with Judge Kavanaugh and to the Senate’s fair consideration of his nomination, beginning with the work of Chairman Grassley and the Judiciary Committee. This is an opportunity for Senators to put partisanship aside and consider his legal qualifications with the fairness, respect, and seriousness that a Supreme Court nomination ought to command.”Senate
Indivisible, the liberal activists group that has upended Democratic politics, declares “the fight is on”.
Indivisible Project’s Co-Executive Director Ezra Levin said in a statement on Kavanaugh:
If Trump successfully installs Brett Kavanaugh onto the Supreme Court to replace Anthony Kennedy, Trumpism will infect the Court for a generation. The stakes are no less than the fate of Roe v. Wade, the Affordable Care Act, LGBTQ rights, and our democratic institutions.
“Our path to victory is narrow, but it’s there. Step one is keeping all Democratic senators together. This is not business as usual and there’s no time to waste. All Democratic senators must come out in opposition right now. A vocal, united Democratic front will focus pressure on Republican senators - forcing them to decide between appeasing Trump or preserving our fundamental rights.
So now is the time for hardball, and Senator Chuck Schumer is up at bat.”
Sam Morris and Juweek Adolphe take a look:
With the nomination of Brett Kavanaugh for supreme court justice, Trump is set to cement his significant influence on the highest court in the land. Once Kavanaugh is confirmed, the probable outcome given the Republican controlled Senate, Trump will have made as many appointments in two years as Barack Obama did in two full terms.
The result of those nominations has left us with a supreme court that leans towards the right, with a majority of sitting justices nominated by Republican presidents. This wind of change brings a conservative sway for decades that will only get stronger if Trump, who is not even halfway into his first term, could secure a third pick.
Reactions to Trump’s choice are flooding in from every sector. But at the end of the day, it is the view of a handful of senators who will decide Kavanaugh’s fate.
Senator John Cornyn, Republican of Texas
“As the Senate begins what will be a thorough review of his record, it’s disappointing that some Democrats already rejected this nomination before it was even made. I hope Democrats will consider Judge Kavanaugh’s nomination on the merits, and I look forward to meeting with him soon in advance of a hearing.”
Senator Mark Warner, Democrat of Virginia
“I plan to carefully examine Judge Kavanaugh’s record and judicial philosophy. I cannot and will not support a nominee who would take this country backwards by undermining our fundamental rights and American values.”
Seantor Mazie Hirono, Democrat of Hawaii
“Judge Kavanaugh has not earned the benefit of the doubt. He has the burden of proof to demonstrate his ability to be independent of the President and exercise unbiased and independent judgment.”
Senator Sheldon Whitehouse, Democrat of Rhode Island
“Special interests approved this nominee. The confirmation process will be powered by massive, secretive spending by their phony front groups. That’s why Brett Kavanaugh must convince me he can actually be independent. I, along with the American people, will not tolerate a rigged system anymore.”
Senator Jeff Flake, Republican of Arizona
“As I have said before, approving a nominee who will interpret the Constitution rather than legislate from the bench should be our top priority. I look forward to meeting with Judge Kavanaugh and reviewing his record throughout the confirmation process.”
Senator Marco Rubio, Republican of Florida
My decision on whether to ultimately support Kavanaugh’s nomination will be based on his commitment to original intent, judicial restraint, and the understanding that the Supreme Court is a ‘trier of law’ appellate court and not a ‘trier of fact’ trial court. This is critically important because too many in the federal judicial system today believe it is appropriate for judges to craft new policies and rights instead of interpreting and defending the Constitution as written.”
Kavanaugh ends his remarks by looking ahead at the acrimonious confirmation battle that lies ahead.
Tomorrow I begin meeting with members of the Senate, which plays an essential role in this process. I will tell each senator that I revere the constitution. I believe hat an indent pent judiciary is the crown jewel of our constitutional Republic.
If confirmed by the Senate, I will keep an open mind in every case. I will always strive to preserve the constitution of the United States and the American rule of law.
Who is Brett Kavanaugh?
Kavanaugh worked in the George W Bush White House before being nominated to the DC court of appeals in 2003. He was confirmed in 2006 after Democrats mounted a long fight against his nomination on the grounds that Kavanaugh was overly partisan.
Before his stint in the Bush White House, Kavanaugh worked for Ken Starr, the lawyer who led the investigation of President Bill Clinton in the 1990s. Kavanaugh helped author the Starr Report, which laid out the case for Clinton’s impeachment and removal from office. He also did legal work for the Bush campaign during the Florida election recount.
The 53-year-old has impeccable academic credentials. He is a graduate of Yale College and Yale Law School and clerked for Justice Anthony Kennedy, whose retirement vacated the seat that he has now been nominated for. Since taking the bench, Kavanaugh has authored 286 different opinions.
Read more here
As Kavanaugh speaks, Schumer issues a statement urging senators to block his nomination.
In selecting Judge Brett Kavanaugh for the Supreme Court, President Trump has put reproductive rights and freedoms and health care protections for millions of Americans on the judicial chopping block. His own writings make clear that he would rule against reproductive rights and freedoms, and that he would welcome challenges to the constitutionality of the Affordable Care Act. ...
“This nomination could alter the balance of the court in favor of powerful special interests and against working families for a generation, and would take away labor, civil, and human rights from millions of Americans. We cannot let that happen. If we can successfully block this nomination, it could lead to a more independent, moderate selection that both parties could support.”
Kavanaugh says he’s “deeply honored” to be nominated to fill Kennedy’s seat on the supreme court. He points to his mom and dad, who are in the audience. He is also joined by his wife, Ashley, and two daughters.
Trump: “What matters is not a judges political views but whether they can set aside those views to do what the law and the constitution require. I am pleased to say that i have found without doubt that person.”
That person, he says is Brett Kavanaugh, a former Kennedy clerk and a judge on the US Court of Appeals for DC.
Trump says there is “no one more qualified” in America. He says “deserves a swift confirmation and “robust bipartisan” support.
Trump said the selection of a supreme court justice is the most important decision a president makes “other than matters of war and peace”.
He begins his remarks by thanking retiring justice Kennedy for a lifetime of achievement.
Trump also praises Justice Antonin Scalia, whose widow, Maureen, is in the East Room for the ceremony.
“What matters is not a judges political views but whether they can set aside those views to do what the law and the constitution require. I am pleased to say that i have found without doubt that person.”
FreedomWorks, the conservative advocacy group, has put out a statement applauding Trump for choosing Kavanaugh.FreedomWorks, the conservative advocacy group, has put out a statement applauding Trump for choosing Kavanaugh.
“Judge Kavanaugh is a fantastic choice to succeed former Justice Kennedy on the Supreme Court. Kavanaugh has proven to be a staunch conservative who has relied on originalism and textualism while serving on the U.S. Court of Appeals for the District of Columbia Circuit. We are confident he would strengthen the conservative wing of the Court and preserve the Constitution, as the framers intended.“Judge Kavanaugh is a fantastic choice to succeed former Justice Kennedy on the Supreme Court. Kavanaugh has proven to be a staunch conservative who has relied on originalism and textualism while serving on the U.S. Court of Appeals for the District of Columbia Circuit. We are confident he would strengthen the conservative wing of the Court and preserve the Constitution, as the framers intended.
“Judge Kavanaugh’s criticism of the Chevron deference demonstrates his skepticism towards letting unaccountable government agencies run the show when it comes to regulations. Justice Kavanaugh’s dissent in USTA v. FCC paved the way for the repeal of the needless Title II regulation of the internet. FreedomWorks calls upon Majority Leader McConnell to act swiftly and ensure Kavanaugh is confirmed on the Senate floor. We look forward to supporting Kavanaugh throughout the confirmation process.”“Judge Kavanaugh’s criticism of the Chevron deference demonstrates his skepticism towards letting unaccountable government agencies run the show when it comes to regulations. Justice Kavanaugh’s dissent in USTA v. FCC paved the way for the repeal of the needless Title II regulation of the internet. FreedomWorks calls upon Majority Leader McConnell to act swiftly and ensure Kavanaugh is confirmed on the Senate floor. We look forward to supporting Kavanaugh throughout the confirmation process.”
Melania Trump just received a standing ovation as she walked into the East Room. The announcement should be underway any minute.Melania Trump just received a standing ovation as she walked into the East Room. The announcement should be underway any minute.
BREAKING: President Trump is nominating federal appeals court Judge Brett Kavanaugh as next US Supreme Court justice - @PeteWilliamsNBChttps://t.co/XN9soITpq0BREAKING: President Trump is nominating federal appeals court Judge Brett Kavanaugh as next US Supreme Court justice - @PeteWilliamsNBChttps://t.co/XN9soITpq0
A peak into the White House East Room where POTUS is expected in T-minus 10 minutes.A peak into the White House East Room where POTUS is expected in T-minus 10 minutes.
Awaiting announcement pic.twitter.com/lUvWEpTBpOAwaiting announcement pic.twitter.com/lUvWEpTBpO
Alan Dershowitz, the constitutional scholar and persona non grata on Martha’s Vineyard, tells CNN’s Anderson Cooper that he believes the nominee will be Brett Kavanaugh. He also predicts that Roe v Wade will be chipped away slowly – not overturned.Alan Dershowitz, the constitutional scholar and persona non grata on Martha’s Vineyard, tells CNN’s Anderson Cooper that he believes the nominee will be Brett Kavanaugh. He also predicts that Roe v Wade will be chipped away slowly – not overturned.
Signing off, he adds: “But remember, the president does head fakes. So don’t be surprised if there’s a surprise.”Signing off, he adds: “But remember, the president does head fakes. So don’t be surprised if there’s a surprise.”
Center for American Progress (@amprog) Rally outside the Supreme Court – LIVE online here: https://t.co/AwPM3nMHfy #SCOTUS #SCOTUSpick pic.twitter.com/Z7Kcqp01YACenter for American Progress (@amprog) Rally outside the Supreme Court – LIVE online here: https://t.co/AwPM3nMHfy #SCOTUS #SCOTUSpick pic.twitter.com/Z7Kcqp01YA
Protests are underway outside the Supreme Court. Activists on both sides of the abortion debate have gathered on the steps ahead of the announcement.Protests are underway outside the Supreme Court. Activists on both sides of the abortion debate have gathered on the steps ahead of the announcement.
The pro-choice organization NARAL has organized a rally outside the court following Trump’s announcement at 9:30pm. Progressive senators Cory Booker and Elizabeth Warren are excepted to address the crowd.The pro-choice organization NARAL has organized a rally outside the court following Trump’s announcement at 9:30pm. Progressive senators Cory Booker and Elizabeth Warren are excepted to address the crowd.
The Wall Street Journal is being very cautious in its reporting that “people close” to the president “expect” it to be Brett Kavanaugh. We’ll have to wait until 9pm to be sure.The Wall Street Journal is being very cautious in its reporting that “people close” to the president “expect” it to be Brett Kavanaugh. We’ll have to wait until 9pm to be sure.
Multiple people close to the White House expect Brett Kavanaugh to be President Trump's Supreme Court nominee https://t.co/7zJNdtVwj2Multiple people close to the White House expect Brett Kavanaugh to be President Trump's Supreme Court nominee https://t.co/7zJNdtVwj2
Here’s what we know less than an hour from the big announcement at 9pm.
Two judges were spotted at their homes in Indiana and Michigan.
Kavanaugh was spotted leaving work with an entourage
Hardiman is reportedly in DC for a meeting today.
A handful of red state Democratic senators were invited to the White House for the ceremony - but will not attend.
Two Republican senators, Susan Collins and Rand Paul, will also not attend.
Senate minority leader Chuck Schumer says he wants certainty on the nominee’s view on Roe v Wade
Senate majority leader Mitch McConnell accuses Democrats of using “scare tactics” to drum up resistance to Trump’s nominee
Judge Kethledge was spotted at his home in Michigan, according to CNN.
The US marshal outside Judge Kethledge’s house in Michigan confirms to CNN’s Caroline Kelly that Judge Kethledge is home.
Meanwhile, the New York Times is reporting that the judge was informed that he will not be the nominee.
Hearing from Republicans close to White House and process that Kethledge got a call saying he is not the choice for SCOTUS.
The Wall Street Journal is now reporting that Trump is leaning toward Kavanaugh, of the DC Circuit Court of Appeals.
On Monday, Mr. Trump had settled on two finalists and was leaning toward Judge Kavanaugh based on what he saw as an impressive academic pedigree and judicial credentials, one person close to the White House said.
Kavanaugh was a former clerk to Justice Kennedy and a former senior White House official under President George Bush. Republicans have expressed some reservations about him in recent days because of his pas writing on impeachment.
Nearly 20 years ago, Kavanaugh argued that President Bill Clinton “could be impeached for lying to his staff and misleading the public, a broad definition of obstruction of justice that would be damaging if applied to President Trump in the Russia investigation,” the New York Times reported over the weekend.
But according to CNN, Trump’s team was interested in some of Kavanaugh’s later writings, in which he questions indicting a sitting president.
Trump SCOTUS team has looked at Kavanaugh's past comments on indicting a sitting president, we've confirmed. In 2009, Kavanaugh wrote: "The indictment and trial of a sitting President, moreover, would cripple the federal government..." https://t.co/rDHJs5RiUY
Conservative commentator Erik Erickson has come around on Kavanaugh in the last few days after some lobbying by the White House.
So late last week I tweeted something critical of Kavanaugh. By the end of the day I'd gotten calls from White House staff, outside people involved in the process, and about a dozen texts from people in and out of the White House defending Kavanaugh.
Judge Amy Coney Barrett, one of Trump’s four finalists to replace Kennedy, was spotted at her home in South Bend, Indiana, less than two hours before the president’s announcement ... in Washington, according to CNN. She was wearing pink shorts and did not appear to be in any sort of a rush to catch a plane to the nation’s capital.
She would not confirm or deny if she’s the president’s choice, CNN said.
Judge Amy Coney Barrett, one of President Trump's possible Supreme Court picks, was just spotted at her home in Indiana. pic.twitter.com/b944lhknQ5
The Guardian’s Ben Jacobs sends this from Washington:
Utah Senator Orrin Hatch spoke to Trump about the nomination about an hour and a half ago, according to a top aide. Hatch has “advocated consistently” for Amy Coney Barrett over the past week but “left that last conversation feeling fairly confident it wouldn’t be Barrett.” However, “until the President makes the announcement official, anything could happen.”
McConnell reportedly told Trump that Barrett would face the hardest path to confirmation and worried that she could alienate two pro-abortion Republicans in the senate.
Don Jr is out with this PSA ahead of his father’s big announcement
*Flash Flood Warning Tonight at 9PM EST*This is not a joke. Liberal tears will be flowing like Niagara Falls when #POTUS announces his second #SCOTUS pick. Please take all necessary precautions & bring an inner tube or boogie board to ride this blue wave. 😂🇺🇸😂🇺🇸😂#maga
Tonight Donald Trump will make his second nomination to the Supreme Court. His first, Neil Gorsuch, was narrowly approved after Senate Republicans forced through a rule change that eliminated the 60-vote supermajority required to confirm a Supreme Court nominee.
But Trump is bullish on the odds he’ll have more chances to remake the court.
Last year, Axios reported that Trump believes he will appoint as many as four supreme court justices by the end of his first term in office.
According to Axios, citing an anonymous source close to Trump, his predicted Kennedy’s retirement. Then, Trump reportedly reasoned, health issues would take a toll on two other sitting justices. The exchange reportedly went like this:
“Ok,” one source told Trump, “so that’s two. Who are the others?”
“Ginsburg,” Trump replied. “What does she weigh? 60 pounds?”
“Who’s the fourth?” the source asked.
“Sotomayor,” Trump said, referring to the 64-year-old justice appointed by Barack Obama in 2009.
“Her health,” he explained. “No good. Diabetes.”
*It should be noted that this is highly speculative and there is no reason to believe that the justice is in poor health. Sotomayor opened up about her diabetes in 2011.
Senator Susan Collins , a Maine Republican and a crucial vote who could decide the fate of the nomination, told CNN she was invited to the ceremony tonight but will not attend.
Susan Collins, key swing vote, says she’s not going to WH tonight for SCOTUS event. She says she was invited. She would not comment on any of the four names
Collins is important because she has said she will not support a nominee who would seek to reverse federal protections for women to access abortions.
She told ABC earlier this month that “a candidate for this important position who would overturn Roe v Wade would not be acceptable to me because that would indicate an activist agenda that I don’t want to see a judge have”.
Republicans have a narrow majority, and if Democrats stay united in opposition , a single Republican defection would tank the nomination. Her opposition to a nominee could also help give cover to vulnerable Democrats under pressure to support Trump’s nominee or face accusations of obstructionism from Republicans in their home states.
While we wait, here’s Guardian columnist and former NYT executive editor, Jill Abramson, arguing that “Democrats don’t know how to fight anymore”.
Senate Democrats simply do not know how to wage a bare-knuckle fight any more. Without Nancy Pelosi, I doubt they could have won and saved Obamacare, the last truly important battle they won. ...
[Democrats] have lost the devotion of their party’s core constituencies, especially young voters. These voters are woke and virulently anti-Trump. They abhor police misconduct, endemic sexual harassment, babies snatched from their parents at the border and the rise of white nationalist, fascist forces on the right. These and other causes have awakened them. They just stunned the Democratic party and its establishment supporters with the primary victory in New York of Alexandria Ocasio-Cortez.
Senate Democrats need to pay attention and take a page out of Mitch McConnell’s playbook and organize their hearts out, like Ocasio-Cortez. It’s time to fight fire with fire.
Stocks are rising and falling by the millisecond as the hour ticks closer to the 9pm announcement.
Multiple outlets have confirmed that Trump has made his final decision but who it is remains a mystery ... for now.
The Wall Street Journal reported that “allies of judge Hardiman said they had been told to be ready to start touting the one-time taxi driver’s blue-collar roots, in hopes this would resonate with Mr Trump’s supporters”, according to a person familiar with the matter. It paper added the caveat that it wasn’t clear whether backers of the other judges had been similarly told to prepare in the event their candidate was chosen.
Meanwhile, judge Kavanaugh made a not-so-discreet exit from the courthouse where he works.
Buzz at the US courthouse in DC: Brett Kavanaugh spotted leaving in a black sedan accompanied by four black SUVs with security agents presumed to be Secret Service, per source.