Why Mich. senators won't confirm Supreme Court nominee Brett Kavanaugh

Todd Spangler | Detroit Free Press

WASHINGTON – Michigan’s U.S. senators announced Friday they will oppose Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court.

Sens. Debbie Stabenow and Gary Peters, both Democrats, said they would not support Kavanaugh’s nomination by President Donald Trump because they believe he has too often sided with special interests and corporations.

Stabenow also said she believes that Kavanaugh’s “comments and rulings” suggest he would reverse court precedents protecting women’s right to abortions, including Roe v. Wade, while Peters said he was “deeply troubled” by what he called Kavanaugh’s efforts to undermine workers' rights and consumer protections.

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Despite what has been near-unanimous Republican support of Kavanaugh as a hardworking, highly accomplished jurist since his nomination, Peters said the judge "will only further stack the deck against hardworking middle-class families who are struggling to make ends meet."

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“I have another deep concern as well,” added Stabenow. “Of all the choices the president had for this position, he chose the one person who has indicated on the record that he believes the president is above the law.” She said Kavanaugh has written that presidents may decline to enforce laws regulating private citizens when he or she deems it unconstitutional, even if a court has held otherwise.

After reviewing Judge Kavanaugh’s record, I believe it is in the best interests of the people of Michigan for me to oppose his nomination. Read my statement here: https://t.co/4vmUy4VuTy — Sen. Debbie Stabenow (@SenStabenow) July 13, 2018

After reviewing Judge Kavanaugh’s record, I believe he places corporate special interests over Michigan working families, women & small businesses. That’s why I cannot support his nomination. Read my full statement here → https://t.co/BUCUJwwfqk — Senator Gary Peters (@SenGaryPeters) July 13, 2018

Stabenow and Peters’ opposition to Kavanaugh comes as no surprise: Both also voted last year against confirming Justice Neil Gorsuch to the U.S. Supreme Court.

But Republicans are expected to try to use Stabenow’s opposition to Kavanaugh against her re-election bid this fall, especially since Trump won a narrow victory in Michigan in 2016, becoming the first Republican presidential nominee to win the state since 1988.

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Michael Joyce, a spokesman for the Republican National Committee, said no one believes Stabenow did a thorough review of Kavanaugh's lengthy judicial record before announcing her opposition along with other Democrats.

“Senator Stabenow was given yet another opportunity to listen to her constituents and vote to confirm Judge Kavanaugh to the Supreme Court, but once again (Senate Democratic Leader) Chuck Schumer took priority over Michiganders," Joyce said. "Obstruction isn’t a platform to run on in Michigan."

Stabenow is running for her fourth six-year term in office.

Even with both Michigan Democrats in opposition, however, Kavanaugh’s confirmation could move ahead. Republicans hold a slim one-seat majority in the Senate, but that will be enough to confirm if they vote as a bloc. Even if some Republicans reject Kavanaugh, it is possible some other Democratic senators — particularly those running for re-election in states where Trump won handily — could support his nomination.

Kavanaugh, a judge on the District of Columbia Circuit Court of Appeals, was nominated by Trump on Monday night to replace Justice Anthony Kennedy, who is retiring. Kavanaugh beat out several other judges for the nod, including Judge Raymond Kethledge of Ann Arbor, who was said to be on Trump’s short list for the nomination.

Contact Todd Spangler: 703-854-8947 or tspangler@freepress.com. Follow him on Twitter at @tsspangler.

