1. The big Roe v. Wade question
5/9/2006— Howard Mortman (@HowardMortman) July 5, 2018
Sen Schumer: "Do you consider Roe v. Wade to be an abomination?"
Brett Kavanaugh: "If confirmed to the D.C. Circuit, I would follow Roe v. Wade faithfully and fully. That would be binding precedent of the Court. It's been decided by the" #SCOTUS https://t.co/x4Y2zovSaB pic.twitter.com/54u3JZWeeL
2. The McConnell question
While careful not to directly make the case for any would-be justice, Mr. McConnell made clear in multiple phone calls with Mr. Trump and the White House counsel, Donald McGahn, that the lengthy paper trail of another top contender, Judge Brett M. Kavanaugh, would pose difficulties for his confirmation.Mr. McConnell is concerned about the volume of the documents that Judge Kavanaugh has created in his 12 years on the U.S. Court of Appeals for the District of Columbia Circuit, as well as in his roles as White House staff secretary under President George W. Bush and assistant to Kenneth W. Starr, the independent counsel who investigated President Bill Clinton.The number of pages is said to run into the millions, which Mr. McConnell fears could hand Senate Democrats an opportunity to delay the confirmation vote until after the new session of the court begins in October, with the midterm elections looming the next month. And while Judge Kavanaugh’s judicial opinions are publicly known, Mr. McConnell is uneasy about re-litigating Bush-era controversies, the officials briefed on his discussions with Mr. Trump said.
3. The Bush-Rand Paul question
something to watch: Sen. Rand Paul has some reservations about Kavanaugh, per a few of his friends plus a WH aide. He has voiced these privately in recent days, but not publicly, the people said. Waiting to see what POTUS does... Paul was unavail for comment.— Robert Costa (@costareports) July 2, 2018
What are Paul's concerns? Friends of his tell me it's Kav's decisions on health care/ACA constitutionality + his work in W.'s White House. Paul World so far has been mum about all of this.— Robert Costa (@costareports) July 2, 2018
Unless he never said he was opposed. Which he didn’t.— Doug Stafford (@dougstafford) July 10, 2018
4. The Trump question
U.S. Circuit Judge Brett M. Kavanaugh, a former clerk for Supreme Court Justice Anthony M. Kennedy who was nominated to replace him, has argued that presidents should not be distracted by civil lawsuits, criminal investigations or even questions from a prosecutor or defense attorney while in office.Kavanaugh had direct personal experience that informed his 2009 article for the Minnesota Law Review: He helped investigate President Bill Clinton as part of independent counsel Kenneth W. Starr’s team and then served for five years as a close aide to President George W. Bush.Having observed the weighty issues that can consume a president, Kavanaugh wrote, the nation’s chief executive should be exempt from “time-consuming and distracting” lawsuits and investigations, which “would ill serve the public interest, especially in times of financial or national security crisis.”