Hundreds protest at the Supreme Court after Trump nominates Kavanaugh

Caroline Simon | USA TODAY

Show Caption Hide Caption Trump on nominee Kavanaugh: No one in America more qualified President Trump nominated Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court during a prime-time address from the White House.

WASHINGTON – Hundreds of activists gathered on the steps of the United States Supreme Court on Monday night to protest Brett Kavanaugh, President Donald Trump's nominee to replace Justice Anthony Kennedy.

Kavanaugh is a federal appellate judge on the D.C. Circuit Court of Appeals. He was a former clerk for Kennedy and investigated Bill Clinton’s affair with Monica Lewinsky.

Though Trump announced his pick at 9 p.m. Monday, activists have been mobilizing against whomever the nominee might be since June 27, when Kennedy announced his retirement.

It didn't take long for protests to start. Around 15 minutes after the announcement, chants had shifted to “Hey Hey, Ho Ho, Kavanaugh has got to go.” Some protesters had makeshift signs that had been updated with the nominee only minutes after his announcement.

“It’s a huge moment for our country,” said Kevin Camps, who worries that a more conservative court would undermine environmental protections. “What’s impossible to exaggerate is that this is the final word on most issues in this country.”

Sen. Bernie Sanders, D-Vt., told the crowd of protesters that they should be ready to challenge the nomination.

“Are you ready for a fight? Are you ready to defend Roe vs. Wade?" Sanders said. “This is a tough fight but it is a fight that we can win . . . We have the American people on our side, now we have to go state by state by state to make sure senators do what their constituents want.”

While Kennedy was the swing vote on major issues — including abortion, same-sex marriage and affirmative action — Kavanaugh will likely be a reliable conservative vote, forming a five-person right-leaning bloc with Justices John Roberts, Samuel Alito, Clarence Thomas and Neil Gorsuch, opponents say.

"Obviously we're looking at a Supreme Court justice that could radically shift the court," said Neera Tanden, CEO of the Center of American Progress, one of the groups that organized the rally. "I think that there has been incredible concern and outrage and anger about that."

David Gaines said he decided to protest out of “anger and disappointment that the Supreme Court is going to be packed by a child who has no understanding of much less respect for the institution of constitutional law.” He cited Citizens United and Roe v. Wade as crucial decisions that the new court could impact.

For Lydia Kuykendal, who works for Gabrielle Giffords gun violence prevention advocacy group, the role the Supreme Court might play in gun control was a key draw for the protest.

“We believe that the federal government has a very important role to play in preventing gun violence and there is no reason the Supreme Court should not understand that the Second Amendment says ‘well regulated,’” Kykendal said.

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Another protester, Nancy Ross, said “We just can’t disturb the balance,” noting that she doesn’t want a court full of liberals or conservatives.

Ross said she hadn’t protested until Trump took office, but has been to several demonstrations in the last few years. “Trump is just way over the bounds - he needs to be impeached,” she said.

Kavanaugh's confirmation was expected to be contentious. Republicans in the Senate are working with a razor-thin 51-person majority. And some GOP moderates, including Sens. Lisa Murkowski of Alaska and Susan Collins of Maine, have expressed concerns about a justice whose confirmation would threaten Roe v. Wade.

Historically, conservative activists have used the courts to galvanize voters. During his presidential campaign, Trump named several potential Supreme Court nominees designed to fit the mold of Justice Antonin Scalia, who died in 2016.

Those names played a crucial role in winning the votes of evangelical conservatives, who might have doubted Trump's unconventional credentials but deeply wanted a Supreme Court justice who would oppose abortion rights.

But in the wake of Trump's nomination, Tanden said, it's the left's turn to use the Supreme Court to fire up voters.

"I think progressives are going to match — if not surpass — conservative furor around the issue of the judiciary," she said.

Kavanaugh's opponents are already coming out in force.

“All Americans should be treated fairly and equally under law,” said Hillary Shelton, head of the NAACP’s Washington Bureau. “Brett Kavanaugh is a dangerous criminal. His disturbing views on civil rights will launch the Supreme Court to the extreme right.”

Ben Wikler, the Washington Director of the MoveOn political action committee, told the protesters, "Anyone who votes for kavanaugh is voting to criminalize abortion and punish women.”

Sen. Elizabeth Warren, D-Ma., says she will not support Kavanaugh's nomination and will vote no.

“Now the attention turns to the united states senate and the senate needs to hear from you," Warren told the protesters. “Our job is to raise our voices I know this will be hard but we didn’t get into this fight because we thought it would be easy.”