Trump courts conservative legacy with Kavanaugh’s nomination

The US President seeks to tilt the balance of the Supreme Court for years by nominating conservative judge Brett Kavanaugh.

Judge Brett Kavanaugh and US President Donald Trump shake on it at the White House as the judge’s daughter Liza looks on. Picture: AFP

Donald Trump has seized a historic chance to tilt the political balance of the US Supreme Court by nominating judge Brett Kavanaugh, giving the court a conservative majority that will resonate across America for years to come.

But Mr Trump faces a fierce battle to secure the nomination, with Democrats vowing to fight 53-year-old Judge Kavanaugh with their full force, knowing that a conservative court could undo much of their social agenda.

Judge Kavanaugh’s nomination, if confirmed by the Senate, would tilt the Supreme Court 5-4 in favour of conservatives, with major implications for issues such as affirmative action, gay rights, gun control, capital punishment and abortion.

Judge Kavanaugh is a staunch ideological conservative who was associate White House counsel during in the Bush Jr administration and also worked with special prosecutor Kenneth Starr during his investigation into then president Bill Clinton in the 1990s.

Significantly, Mr Kavanaugh wrote a 2009 article in which he argued that sitting presidents should not be distracted by civil lawsuits, criminal investigations or interviews from prosecutors while in office. Mr Trump is facing the prospect of being interviewed by Robert Mueller as part the special counsel’s broad-ranging Russia investigation.

Announcing the Kavanaugh decision at the White House on prime-time television at 9pm on Monday (11am yesterday AEST), Mr Trump said the nomination of a Supreme Court judge was the most important decision a president could make outside matters of war and peace.

“Judge Kavanaugh has impeccable credentials, unsurpassed qualifications, and a proven commitment to equal justice under the law,” Mr Trump said. “He is a brilliant jurist, with a clear and effective writing style, universally regarded as one of the finest and sharpest legal minds of our time.”

If Judge Kavanaugh’s nomination is confirmed by the Senate, it would be Mr Trump’s second conservative Supreme Court appointment in as many years after he successfully nominated Neil Gorsuch last year. The dual appointments would guarantee Mr Trump’s legacy beyond his presidency.

Judge Kavanaugh’s nomination was immediately opposed by Democrats. Senate minority leader Chuck Schumer said he would oppose the nomination “with everything I have — the stakes are simply too high for anything else”.

But the Senate majority leader, ­Republican Mitch McConnell, said the President had made “a ­superb choice”. “Judge Brett Kavanaugh is an impressive nominee who is extremely well qualified to serve as an associate justice of the Supreme Court of the United States,” Senator McConnell said.

The House of Representatives Speaker, Republican Paul Ryan, said Judge Kavanaugh’s career “exemplifies public service and, in particular, dedication to religious liberty. He has shown that constitutional principles are the ultimate guide for his opinions.”

The nomination will set off a fierce and partisan political battle between Republicans and Democrats ahead of the November midterm elections. The Republicans need 50 votes in the 100-seat Senate to confirm the nomination, but hold a slim 51-49 majority. Veteran Republican John McCain is battling brain cancer and is unable to vote, giving Republicans no room for dissent in their ranks.

Judge Kavanaugh said he was “deeply honoured” by Mr Trump’s nomination. “A judge must be independent and must interpret the law and not make the law,” he said.

“If confirmed, I will keep an open mind in every case. A judge must interpret the constitution as written, in the context of history, tradition and precedent.”

After graduating from Yale law school, Judge Kavanaugh worked with Mr Starr in the Whitewater probe into the Clintons’ affairs. He was a lead author of the 1998 Starr report that laid out grounds for the impeachment of Mr Clinton over his cover-up of his relationship with intern Monica Lewinsky.

He then worked in the Bush White House for six years before being appointed in 2006 as a judge on the US Court of Appeals for the District of Columbia Circuit. He is known for his strong anti-abortion views and his distaste of government regulation. He is pro-business, pro-guns, supports fewer affirmative action policies for universities and favours tougher criminal penalties.

Judge Kavanaugh will replace the retiring 81-year-old Anthony Kennedy. Although Justice Kennedy was a Republican appointment, he frequently straddled the ideological divide. In a divided court of four liberals and four conservatives, he was often the deciding vote. Mr Trump praised Justice Kennedy for his “incredible passion and devotion” and a “lifetime of distinguished service”.

Judge Kavanaugh won the nomination ahead of three other contenders, judges Thomas Hardiman, Raymond Kethledge and Amy Barrett.

Cameron Stewart is also US contributor for Sky News Australia.