Hear! Hear! Hear! Collins vs. Kavanaugh

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Hello, Early Birds. The House and Senate are out of town and the president is out of town, but the Supreme Court will likely dominate the news again this week. Tips? You know the drill: [email protected] Thank you for waking up with us.

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Note on programming: Leigh Ann interviews the senator. Tina Smith (D-Minn.) and Marjorie Dannenfelserco-founder of Susan B. Anthony Pro-Life America, today washington post live on the next steps for both sides of the abortion debate.

In today’s edition …Tony Romm with the latest news the state of the Building back better talks … G-7 leaders seek Russian oil price cap to ‘starve’ Putin’s war effort; Default Russia on the external debt… but first…

Collins v. Kavanaugh: Misunderstanding or deception?

Senator Susan Collins (R-Maine) insists Supreme Court Justice Brett M. Kavanaugh misled her on Roe vs. Waderejecting his defender’s argument that, as a candidate, the judge never explicitly said whether he would vote to preserve or remove the constitutional right to abortion.

When the abortion decision was announced on Friday, Collins released a statement that it was “inconsistent with what Justices Gorsuch and Kavanaugh said in their testimony and their meetings with mewhere they both stressed the importance of upholding the long-standing precedents on which the country has relied.

Then Collins upped the ante by telling Carl Hulse of The New York Times that Kavanaugh “misled” her during their private meeting on August 21, 2018, and provided notes his staff had taken where he said he abided by precedent regarding Roe.

“I’m the type not to rock the boat. I believe in stability and the team of nine,said Kavanaugh, according to the notes, which were also provided to The Early.

Those close to Kavanaugh do not dispute what he said at the meeting, but point out that he never promised not to overturn deer.

“He talked about precedent, he talked about established law,” said one person who was at Kavanaugh and Collins’ meeting. “He never indicated how he would decide if the case was before him.”

The person, who spoke on condition of anonymity to describe the private discussion, said the two-hour meeting was one of his longest meetings with a senator and that Collins was “meticulously” prepared. The source added that the majority of Collins’ questions were about Roe.

Collins does not buy repression.

“Obviously, we never said that Judge Kavanaugh explicitly promised not to cancel deer. However, he repeatedly referred to the importance of precedents in relation to deerreferred to the excessive burden test of the Casey decision, and said he was not a ‘rock the boat’ judge,” Collins’ spokeswoman said. Annie Clark said in a statement Sunday evening. “How can a self-described judge vote to overturn a 50-year-old precedent that recognizes a constitutional right and has been reaffirmed?

When Collins asked during the meeting if confirming it would lead to the elimination or erosion of choiceKavanaugh responded, according to the notes: “Start with my record, my respect for precedent, my belief that it is rooted in the Constitution, and my commitment and importance to the rule of law. I have demonstrated faithfulness to these principles. I understand precedent and I understand the importance of overturning it. I am a firm believer in the independence of the judiciary. I have been a force for stability. I am rooted in precedent.

The question of what Kavanaugh said — and what he meant — reveals deep tensions over the Supreme Court’s decision to suppress deer as well as on the validation processduring which, for decades, senators allowed candidates to avoid giving straight answers to a number of important legal questions.

Senator Joe Manchin III (DW.Va.), a fellow moderate who works closely with Collins on many issues and who was the only Democrat to vote to confirm Kavanaugh, expressed similar displeasure Friday with the two justices, saying he ” trusted” when they said they were respecting the precedent set by Roe.

Critics rolled their eyes and said the two senators heard what they wanted and should have known the conservative jurists would jump at the chance to overturn deer despite their hymns to the previous one.

Collins’ vote to confirm Kavanaugh drew heavy criticism from Democrats at the time, as he would have struggled to be confirmed without his support. It was one of the main issues in his 2020 re-election campaign.

Now the right is going after the senator.

“We weren’t at those meetings, but we’d be amazed if either justice was about to commit to Roe,” the Wall Street Journal editorial board wrote Sunday night. in an editorial rejecting his complaint.

Kavanaugh appeared to respond to early criticism that he trashed judicial precedent with an entire section on stare decisis, or judicial precedent, in his agreement with Dobbs v. Jackson Women’s Health Organizationwho knocked down Roe.

“The history of this Court shows, however, that stare decisis is not absolute, and indeed cannot be absolute,” Kavanaugh wrote, noting Plessy v. Fergusonthe 1896 case that said segregation was acceptable but later overturned by Brown v. Board of Education. “And for the past 100 years, beginning with the appointment of Chief Justice Taft in 1921, each of the 48 justices appointed to this Court has voted to overrule the precedent.”

What can or will happen now? Probably not many, but some progressives are calling for action.

“I believe that lying under oath is an impenetrable offense,” Rep. Alexandria Ocasio-Cortez (DN.Y.) said Sunday on NBC’s “Meet the Press.” “And what makes it particularly dangerous is that it sends a braking signal to all future candidates that they can now lie to the duly elected members of the United States Senate.”

Sarah Lipton Lubetthe executive director of Take Back the Court, told The Early that Kavanaugh and Gorsuch should at least be called to testify.

Democratic members of the Senate Judiciary Committee have not indicated whether they will take action and their options may be limited.

“It is unclear whether Congress has the power to investigate and punish the behavior of judges outside of the impeachment process,” says a 2005 CRS report on congressional control over judges and magistrates.

A precedent that remains intact? Silence of the judges. Kavanaugh and Gorsuch have not addressed the issue publicly. Neither responded to a request for comment to the Supreme Court’s press office.

Learn more about the impact of Roe vs. Wade being knocked down by The Post:

Where to rebuild a better light?

The other, other problem of the Democrats: “With inflation on the rise and the threat of a recession looming, congressional Democrats are scrambling to revive their stalled economic spending agenda, hoping to provide relief to Americans whose finances have deteriorated for months. political wrangling,” said our colleague. Tony Romm reports.

  • “The main obstacle remains Senator Joe Manchin III (DW.Va.), a moderate whose opposition last year scuttled Biden’s agenda. Manchin privately and repeatedly huddled with the Senate Majority Leader Charles E. Schumer (DN.Y.) In recent weeks, as Democrats again work to secure his must-have vote on a scaled-down bill they hope to present to the prosecution in July.
  • “Democrats think they’ll end up with a much smaller package far-reaching than they first envisioned – one focused on lowering prescription drug prices and tackling climate change, with spending funded by changes to tax laws that also reduced the deficit .
  • TIC Tac: Democrats “have about three months to negotiate the kind of compromise that has eluded them for more than a year; otherwise, they may lose the ability to pass the bill” via reconciliation.

G-7 leaders seek to cap Russian oil prices to ‘starve’ Putin’s war effort

Biden Abroad: “President Biden and his Group of Seven counterparts plan to unveil additional economic measures on Monday to pressure Russian President Vladimir Putin to end his war in Ukraine – including an effort to set a global cap on price of Russian oil shipments,” The Post said. Ashley Parker and Matt Aim report. Leaders will also hear Ukrainian President Volodymyr Zelensky through a virtual address.

Meanwhile: “Russia has defaulted on its foreign currency debt for the first time in more than a century as harsh Western sanctions designed to punish Moscow for invading Ukraine restrict its ability to pay foreign creditors,” he said. said The Post. Rachel Panett and Julien Duplain. “The country has money but is unable to release it to creditors because sanctions have cut Russia off from international payment systems.”

Domestic politics follows Biden in the Bavarian Alps“Since taking office, the message that has underpinned nearly all of President Biden’s foreign travels has been that America is back. But as Biden embarked on a five-day trip across Europe on Sunday, he arrived in the Bavarian Alps with a less pleasant reality: America is backward, at least in the eyes of nearly every foreign leader he will meet. this week, who responded to the news that the United States Supreme Court had struck down a woman’s right to an abortion with abject dismay and concern,” write Ashley and Matt.

⚖️ The Supreme Court will issue decisions this week for two of the five major cases this term, closing an eventful session marked by the reversal of Roe vs. Wade. Seven cases remain on file.

  • West Virginia v. Environmental Protection Agency: The Supreme Court should weaken the Environmental Protection Agencyability to regulate greenhouse gas emissions. The move will also undermine the Biden administration’s ability to address climate change.
  • Biden vs. Texas: The court will rule on the Biden administration’s attempt to end the “Stay in Mexico” immigration policy.

In anticipation of October: The Supreme Court — with Ketanji Brown Jackson on the bench – will hear the business surrounding affirmative actionthe Voting Rights Act and discrimination against homosexual couples for the 2022-2023 term.

Thanks for reading. You can also follow us on Twitter: @LACaldwellDC and @theodoricmeyer.


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