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Brett M. Kavanaugh, now a U.S. Circuit Judge of the U.S. Court of Appeals for the District of Columbia Circuit, was nominated by President Trump to be an associate Justice on the U.S. Supreme Court. Judge Kavanaugh is a well-credialed Washington insider who compiled a long record as a reliable conservative. Did anyone really believe Trump would nominate a progressive, a liberal, or even a centrist? 

I assume there were even more conservative names on the Federalist Society-vetted list of potential nominees. Why then did President Trump nominate Judge Kavanaugh? Primarily because of his expansive views of presidential powers. Judge Kavanaugh once wrote in 2009 in the Minnesota Law Review that a sitting president should be protected from litigation and criminal investigations because they "are time-consuming and distracting.”  

Trump’s ideology is an ideology of “ ME,” of “DONALD J. TRUMP.” Trump knows that many issues, such as the power of a Grand Jury to subpoena a sitting president, indict a sitting president, impeachment limitations, pardon authority, would ultimately reach the U.S. Supreme Court. Covering his rear end was of greater concern to Trump than any other issue such as reversing Roe v. Wade. 

On the issue of Roe v. Wade:  

At his 2006 confirmation hearing, Judge Kavanaugh was asked by Senator Chuck Schumer (D-NY), "Do you consider Roe v. Wade to be an abomination and do you consider yourself to be a judicial nominee ... in the mold of Scalia and Thomas?” 

Kavanaugh answered: "Senator, on the question of Roe v. Wade, 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 Supreme Court. ... I'm saying if I were confirmed to the D.C. Circuit, senator, I would follow it. It's been reaffirmed many times.”  

Then Schumer asked, "I understand, but what is your opinion? You're not on the bench yet. You've talked about these issues in the past to other people, I'm sure.” 

Kavanaugh responded,: "The Supreme Court has held repeatedly, senator, and I don't think it would be appropriate for me to give a personal view on that case." 

Of course, if confirmed, no matter what he said earlier, Judge Kavanaugh could turn around and vote to reverse Roe v. Wade. 

His confirmation raises other troublesome issues. He is a probable vote against gun controls, immigration, voting rights, campaign-finance laws, health care reform, LGBTQ rights, unions, and the power of regulatory authorities. Thus, there are many reasons to oppose his nomination or at least try to delay the vote until after the midterms.