In the United States, the party’s struggle to appoint Brett Cavanaugh to the Supreme Court has drawn attention to one of the most critical and difficult decisions American presidents have faced.
Judges in the US Supreme Court are appointed for life. But presidents can stay in office only twice in 4 years. Brett Cavanaugh’s lifelong appointment will shift the balance in the Supreme Court for many years in favor of the Conservatives and even consolidate a conservative majority in the United States’ highest court.
Position one of the nine judges became vacant after the 81-year-old Justice Anthony Kennedy declared desire to end his career.
Instead, Democrats are skeptical of Cavanaugh’s promises to be impartial. In particular, concern was Cavanaugh views on executive powers.
In 2009, Cavanaugh published an article in a law journal in Minnesota that argued for the President’s immunity from criminal prosecution and civil lawsuits in the period of tenure. Many commentators felt that this position could attract Trump to him. After all, the Supreme Court may have to consider issues related to the procedural steps of special prosecutor Robert Muller, who is investigating Russian interference in the 2016 elections and suspicions of a conspiracy with Trump’s entourage with Russia. Senator Jeff Merkley opposed Cavanaugh’s candidacy for Chief Justice. Merklee argued that Special Advocate Robert Mueller’s ongoing investigation into illegal actions by the President’s allies – and possibly Trump himself. The senator believed that the President could not administer justice in the country under investigation.
Among the issues of interest to committee members include Brett Cavanaugh’s views on the subject of abortion, the powers of the special prosecutor to investigate Trump’s activities, and the conflict between religious beliefs and the rights of LGBT communities.
It is worth noting that Brett Cavanaugh took the side of the imperial presidency, which was opposed by the founders of the American experiment. And which Donald Trump liked so much. “I believe it vital that the President be able to focus on his never-ending tasks with as few distractions as possible. The country wants the President to be ‘one of us’ who bears the same responsibilities of citizenship that all share. But I believe that the President should be excused from some of the burdens of ordinary citizenship while serving in office,” noted Kavanaugh in the law-review article. Among other compelling arguments, Cavanaugh said that the trial of the incumbent President would undermine his authority in the international arena. And this will be contrary to national interests.
In his law-review article, Cavanaugh thought hard to dismiss the incumbent President from prosecution. At the same time, he stressed that such a decision would not put the President above the law. All charges and investigations will be postponed until the end of the presidential term. And impeachment can always be used to express distrust of the President.
In the end, the process of nominating and appointing Brett Cavanaugh to one of the most important positions in the country was considered discrediting. After all, the President, who is himself under investigation, has nominated a man who has all the powers to act in the interests of the head of state.