ISU Scholar: Supreme Court Nominee Conservative But Establishment | WGLT

ISU Scholar: Supreme Court Nominee Conservative But Establishment

Jul 10, 2018

For all his lengthy record as a federal judge, the new Supreme Court nominee might still be a mystery on social issues.

Illinois State University Political Scientist Tom McClure said Judge Brett Kavanaugh has not ruled much on the abortion issue, for instance.

"He had the opportunity to make a statement as to whether abortion is something that is guaranteed under the Constitution, and in that case he went to great pains to make it clear that he was taking no position on that," said McClure.
 

ISU Professor Tom McClure took his students to the last presidential political convention.
Credit Provided by Tom McClure

Instead, McClure said, Kavanaugh used existing precedent to decide the case. McClure also said Kavanaugh has not ever ruled on a gay marriage case.

McClure said the conservative vetting list President Trump used to pick his nominees does not select for that.

"It's not the social issues that are driving it. Instead, it appears that the Heritage Foundation and the Federalist Society are looking for judges who are more interested in an originalist type of interpretation of the Constitution and the deconstruction of the administrative state," said McClure.

McClure said Kavanaugh's background and record suggest he might be close to the center of the court with Chief Justice John Roberts.

On the Affordable Care Act, McClure said both conservatives and liberals view Kavanaugh with suspicion.

McClure said Kavanaugh has been pro-employee in employment discrimination cases and pro-business in many other arenas.

You can also listen to GLT's full interview with McClure:

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