STREAMING NOW: Watch Now

Trump nominates 53-year-old Kavanaugh

President Donald Trump announces his Supreme Court pick, Brett Kavanaugh, to fill the seat created by Justice Anthony Kennedy's retirement.

Posted: Jul 10, 2018 5:14 PM
Updated: Jul 10, 2018 5:31 PM

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:

Roe v. Wade

Kavanaugh has not expressed outright opposition to Roe v. Wade, the landmark Supreme Court ruling that legalized abortion nationwide. In 2006, Sen. Chuck Schumer, now the Senate Democratic leader, pressed Kavanaugh on his personal opinion on Roe, but he declined to answer, saying, "I don't think it would be appropriate for me to give a personal view on that case." The exchange took place during a hearing to consider Kavanaugh's nomination to serve on the DC circuit.

Kavanaugh did say, however, that if he became a judge on the circuit court, he would uphold Supreme Court precedent with respect to Roe. "If confirmed to the DC Circuit, I would follow Roe v. Wade faithfully and fully. That would be binding precedent of the court. It has been decided by the Supreme Court."

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 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.

Abortion

One of Kavanaugh's 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."

Minnesota Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 41571

Reported Deaths: 1537
CountyConfirmedDeaths
Hennepin13328790
Ramsey5169232
Dakota265596
Stearns249619
Anoka2393111
Nobles16846
Olmsted125920
Washington125541
Mower9822
Rice8798
Scott8584
Clay61238
Kandiyohi5901
Blue Earth5632
Wright5285
Carver4691
Todd4022
Sherburne3625
Lyon3332
Freeborn3120
Watonwan2670
Steele2451
Benton2363
St. Louis22316
Nicollet20312
Martin1755
Cottonwood1420
Winona14115
Goodhue1408
Le Sueur1251
Crow Wing11312
Pine1120
Otter Tail1111
Chisago1071
McLeod1000
Dodge960
Carlton900
Polk883
Unassigned8838
Isanti810
Chippewa801
Waseca770
Murray730
Itasca7112
Douglas700
Pipestone694
Morrison641
Becker620
Meeker621
Faribault610
Sibley582
Jackson570
Pennington530
Beltrami470
Brown442
Mille Lacs392
Wabasha380
Renville372
Fillmore350
Rock340
Swift331
Houston320
Yellow Medicine310
Grant250
Roseau250
Redwood230
Wilkin223
Koochiching211
Norman210
Cass192
Big Stone170
Kanabec171
Lincoln170
Wadena170
Aitkin150
Marshall130
Pope130
Clearwater120
Stevens110
Hubbard100
Mahnomen101
Lake60
Traverse60
Lac qui Parle50
Red Lake40
Kittson20
Cook10
Lake of the Woods00

Iowa Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 34564

Reported Deaths: 747
CountyConfirmedDeaths
Polk7332184
Woodbury332944
Black Hawk249259
Buena Vista173711
Johnson14268
Dallas138531
Linn138183
Marshall109219
Scott103110
Dubuque94023
Story8575
Pottawattamie82112
Wapello71431
Muscatine68745
Crawford6803
Sioux5010
Tama48329
Wright3971
Louisa36513
Webster3655
Plymouth3465
Jasper34417
Warren3191
Dickinson2993
Cerro Gordo2841
Washington2519
Hamilton2011
Boone1681
Clay1491
Clarke1433
Allamakee1384
Clinton1321
Shelby1200
Mahaska11917
Carroll1131
Poweshiek1128
Bremer1107
Pocahontas1071
Franklin1040
Des Moines1002
Cedar951
Emmet950
Henry933
Hardin900
Cherokee831
Floyd812
Taylor810
Marion800
Monona780
Benton751
Guthrie754
Jones710
Butler682
Osceola680
Sac680
Buchanan631
Calhoun632
Iowa631
Jefferson620
Hancock601
Harrison600
Humboldt601
Fayette570
Jackson570
Lyon570
Delaware561
Madison552
Lee542
Monroe527
Palo Alto510
Clayton503
Grundy470
Mills470
Winneshiek460
Mitchell440
Davis421
Kossuth410
Union380
Howard370
Lucas354
Unassigned350
Winnebago340
Greene300
Chickasaw290
Cass280
Ida230
Keokuk231
Worth220
Appanoose213
Page210
Van Buren210
Audubon181
Adair170
Ringgold161
Decatur130
Montgomery122
Wayne110
Fremont100
Adams80
Rochester
Scattered Clouds
80° wxIcon
Hi: 80° Lo: 59°
Feels Like: 81°
Mason City
Clear
81° wxIcon
Hi: 82° Lo: 59°
Feels Like: 82°
Albert Lea
Clear
79° wxIcon
Hi: 80° Lo: 60°
Feels Like: 80°
Austin
Clear
79° wxIcon
Hi: 81° Lo: 59°
Feels Like: 80°
Charles City
Clear
81° wxIcon
Hi: 82° Lo: 60°
Feels Like: 82°
Chance for more storms Monday
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

Dave Main 10p Wx

Image

Virtual campaigning during pandemic

Image

Former NIACC coach Travis Hergert back in big league camp with the Phillies

Image

New ICE guidelines causing concern for international students

Image

Dave Main 6p Weather 7/11

Image

Connecting with a loved one with dementia during the pandemic

Image

Bruins set to host all-star game

Image

COVID-19 Cases Expected to Spike in North Iowa

Image

Training hard for a season that might not happen

Image

Sean's 6pm Weather 7/10

Community Events