Capital (Annapolis, MD) July 12, 2018
WASHINGTON -
As President Donald Trump's Supreme Court nominee Brett
Kavanaugh made the rounds Tuesday on Capitol Hill for what is
likely to be a bitter confirmation battle, the early contours of the partisan
fight began to take shape.
Democrats, who had
previously focused largely on legalized abortion, began shifting their focus to
the threat Trump's pick might pose to the survival of the 2010 Affordable Care
Act. Not only has health care proved to be a galvanizing force for the party's
supporters, it's far less divisive than abortion.
Republicans,
meanwhile, are working to soften Kavanaugh's image as a political operative who
has been at the center of some of the most partisan battles of the past two
decades. The White House and its surrogates are instead drawing attention
to the nominee's credentials and what they see as his commitment to women and
diversity.
But both strategies
face hurdles.
Trump introduced
Kavanaugh, 53, as his selection to replace the retiring Justice Anthony
Kennedy on Monday night. The fight now moves to the Senate, which
must confirm the nominee.
With Sen. John
McCain, R-Ariz., absent for brain cancer treatment, Republicans hold
a 50-49 advantage, leaving Kavanaugh's fate in the hands of a small group of
moderates and fence-sitters from both political parties.
When Kennedy
announced last month he would step down, Democrats quickly made
abortion a central issue, because his replacement could shift the balance that
has preserved the landmark 1973 abortion ruling Roe v. Wade.
Kennedy voted in
1992 to reaffirm that decision.
That move was seen
as a way to pressure two moderate GOP women, Sens. Susan
Collins of Maine and Lisa Murkowski of Alaska,
who both support abortion rights.
But to hold
onto Democrats representing conservative states won by
Trump, Democrats are increasingly talking about how Kavanaugh might
shift the balance on President Barack Obama's health care law. And it
seems to be working on vulnerable Democrats in red states.
Sen. Joe
Manchin of West Virginia - who last year voted for Trump's
first Supreme Court pick - immediately picked up on the talking
point, saying that he would consider the "nearly 800,000 West Virginians
with pre-existing conditions" when making his confirmation vote.
Though Manchin
promised to keep an open mind, the statement suggested a willingness to vote
against the nomination, bucking Trump, who is popular in his state.
Sen. Joe
Donnelly, D-Ind., told CNN that requiring insurance companies to cover
pre-existing conditions will play a "central part" in his
consideration.
It's true
that GOP efforts to repeal Obamacare might make their way back to
the Supreme Court, which has twice upheld the law. But the deciding vote
in those rulings was not Kennedy, but Chief Justice John Roberts, who will
remain on the court.
Even
so, Democrats note that Roberts may vote differently in the future as
new challenges reach the court, particularly a federal lawsuit
in Texas that argues that after Congress last year repealed
the provision requiring individuals to have insurance, the rest of the law must
be scrapped as unconstitutional.
Senate Minority
Leader Chuck Schumer, D-N.Y., said Tuesday on the Senate floor
that Kavanaugh would vote to overturn Roe and the Affordable Care Act, based on
Trump's campaign promise to pick a nominee who would strike them down.
"That
is President Trump's litmus test, and it couldn't be clearer,"
Schumer said.
Though Trump
promised during his campaign to nominate only "pro-life" justices and
Kavanaugh was chosen from a list vetted by the conservative Federalist
Society, the White House is now insisting abortion isn't a central
issue.
"That's a
scare tactic" from the left, said Kellyanne Conway, the White
Housecounselor.
Collins, who faces
immense pressure from both sides, has said she would have concerns about a
nominee who had open hostility to Roe or did not believe in respecting court
precedents.
She said Tuesday
that she would "probe deeply on a number of issues," including
abortion rights.
On the other hand,
Collins also praised Kavanaugh's experience.
"When you look
at the credentials that Judge Kavanaugh brings to the job, it will be
very difficult for anyone to argue that he's not qualified for the job,"
she told reporters.
The White
House effort to appoint Kavanaugh has been well organized, the smoothest
since Trump's last Supreme Court nomination of Neil Gorsuch.
Officials provided
supporters with talking points only minutes after Monday's announcement. A
group of 34 former law clerks released a letter praising Kavanaugh's warmth,
qualifications, even-handedness, mastery of details and deference to precedent.
While Trump
traveled to Europe for NATO meetings Tuesday, Vice
President Mike Pence accompanied Kavanaugh to Capitol
Hill and led a blitzkrieg of media appearances. A taped interview with the
conservative Sinclair Broadcasting Groupwent to 200 television stations
around the country. Pence spoke to radio shows in West Virginia, Manchin's
home state, and Indiana, the home state of Donnelly. The vice president also
granted interviews to CNN and Fox.
"Messaging-wise,
the big thing you're going to hear is this is a mainstream pick with a
demonstrable record," said a White House official who did not
want to be identified speaking about the internal process.
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