A dramatically more conservative court is the outcome from legal experts if President Donald Trump’s pick for the Supreme Court, Judge Brett Kavanaugh, is confirmed by the U.S. Senate.
“Even though [Kavanaugh] clerked for Justice [Anthony] Kennedy, their ideologies, their methodologies are very different,” UT Austin Law Professor and Supreme Court analyst Stephen Vladeck said. “[Kavanaugh] thinks the Constitution draws bright lines. Those bright lines are gonna move the court to the right because it means that instead of Kennedy being the swing vote, now it’s Chief Justice Roberts and the kinds of cases where Chief Justice Roberts is likely to join with the more progressive justices is a much smaller, narrower set of cases than those where we saw Justice Kennedy switch sides.”
On the issue of Roe v. Wade, Vladeck said he doesn’t think Kavanaugh’s confirmation would mean it’s overruled directly anytime soon. Instead, Vladeck said it would mean states become more aggressive at chipping away at it.
“I think that a confirmation of a Justice Kavanaugh is going to embolden legislatures in states like Texas, conservative action groups, to bring more and more aggressive challenges to pass more and more aggressive laws and basically to force the Supreme Court to figure out where it is on these issues.”
Click the video link above to watch our full interview with Vladeck and the confirmation battle ahead for Judge Kavanaugh.