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A2 UP FRONT
Monday 8 october 2018
SUPREME COURT that way in their private faced allegations of sexual
Continued from Previous Page conference Friday. But harassment by Anita Hill in
That cloud stems from al- they also could defer ac- 1991 hardens the alignment
legations of sexual assault tion to allow Kavanaugh to of party and ideology: five
and other inappropriate weigh in. conservatives appointed
behavior by Kavanaugh It is far from certain that the by Republican presidents
while he was in high school court will move precipitous- and four liberals by Demo-
and college, along with his ly on this or any high-profile crats. That was true with
politically charged testi- issue. "It's not going to be Kennedy on the bench, but
mony that labeled the look lost on anyone on the court he voted with the liberals in
into his past a political hit that everybody is going to cases that preserved abor-
job by Democrats. be watching the new court tion rights and affirmative
Kavanaugh has forcefully to see which issues they en- action, expanded LGBT
denied any inappropriate gage in," said Paul Clem- rights and limited capital
behavior with women. He ent, solicitor general under punishment.
also acknowledged in a President George W. Bush. Two of those liberal justices,
Wall Street Journal column Chief Justice John Roberts, right, administers the Constitution- The justices could look for speaking Friday at Prince-
that some of his testimony al Oath to Judge Brett Kavanaugh in the Justices' Conference cases that are more likely ton University, talked about
Room of the Supreme Court Building. Ashley Kavanaugh holds
went too far, but did not the Bible. In the foreground are their daughters, Margaret, left, to produce consensus, in- the court's legitimacy, with-
apologize for anything he and Liza. cluding those about priva- out mentioning their new
said. Associated Press cy protections in the digital colleague.
The bitter partisan fight over age, Clement said. "Every single one of us
the confirmation could In the meantime, the fo- justices are considering ap- Some contentious issues, needs to realize how pre-
continue in another form if cus will be on the court's peals from Kansas and Lou- though, will be harder to cious the court's legitimacy
Democrats take control of new majority's willingness to isiana. Lower courts have avoid because federal is. You know we don't have
the House after the Novem- take on controversial issues. blocked the states from law compels the court's an army. We don't have
ber elections. Key House A potential early test is two going forward. The court involvement. In coming any money. The only way
Democrats have said they cases involving state efforts could announce Tuesday months, the issue of draw- we can get people to do
would investigate Kavana- to strip public money from that it has rejected the ap- ing political districts for par- what we think they should
ugh. Planned Parenthood. The peals, if the justices voted tisan advantage will return do is because people re-
to the court in a case from spect us," Justice Elena Ka-
North Carolina. Last term, gan said.
the justices failed to set lim- Justice Sonia Sotomayor
its on the practice known said the nine justices rec-
as partisan gerrymander- ognize the small world they
ing in cases from Maryland inhabit, suggesting that
and Wisconsin. Kennedy the tense atmosphere sur-
was seen as the conserva- rounding Kavanaugh's
tive justice most likely to nomination is unlikely to be
side with liberals on the is- replicated on the court.
sue. "We have to rise above
His retirement dimmed the partisanship in our person-
hopes of proponents of al relationships. We have
such limits. to treat each with respect
New state restrictions on and dignity and a sense of
abortion could make their amicability that the rest of
way to the Supreme Court the world doesn't always
soon, along with challeng- share," Sotomayor said.
es to the Affordable Care Chief Justice John Roberts
Act and protection from has been especially sen-
deportation for young im- sitive to portrayals of the
migrants. court as a political institu-
The leader of an anti-abor- tion. That perception has
tion group that supported waxed and waned over
Kavanaugh foreshadowed the years, but it was partic-
the fight to come in a state- ularly strong following the
ment issued just after the Bush v. Gore decision that
confirmation vote. sealed Bush's 2000 election.
"Judge Kavanaugh's dis- On a practical level, the
tinguished judicial career four liberal justices need a
has been built upon his vote from the right side of
constitutionalist approach the court in which they oth-
to law, and we trust that erwise divide on the famil-
this will serve all Americans iar ideological fault lines.
well when Roe v. Wade in- Kennedy and Sandra Day
evitably comes before the O'Connor were justices
Supreme Court for review," "who found the center,"
said Catherine Glenn Fos- Kagan said, "and that's en-
ter, president of Americans abled the court to look as
United for Life, referring to though it was not owned
the court's landmark 1973 by one side of the other. It's
abortion rights ruling. not so clear that you know
Kavanaugh's arrival on the going forward that that sort
court after the most tumul- of middle position — it's not
tuous confirmation battle so clear whether we'll have
since Clarence Thomas it."q