Trump Nominates Originalist Judge

For years conservatives have framed progressive or liberal judges as "activist judges" and suggesting that they use their political views to form their judicial decisions. However, for the last 30 years or so, conservatives have been working an agenda that does exactly what they purport the other side does. In nominating Brett Kavanaugh to the Supreme Court, the conservative movement has reason for patting themselves on the back. Kavanaugh, a United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit and a White House Staff Secretary under George W. Bush.  His confirmation hearings were contentious and stalled for three years over charges of partisanship. 

Where he stands in his words is "My judicial philosophy is straightforward. A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. And a judge must interpret the Constitution as written, informed by history and tradition and precedent.”  This puts him in the camp of the "strict Constitutionalists" or "Originalists."

Kavanaugh was part of Ken Starr's impeachment team against Bill Clinton and, according to Mother Jones,  "has so frequently inserted himself into high-profile political battles that during his confirmation hearing for his DC Circuit seat, Sen. Dick Durbin (D-Ill.) called him the “Forrest Gump of Republican politics.”

For example, Kavanaugh represented former Florida Gov. Jeb Bush in his fight to overcome constitutional hurdles to his controversial school voucher program that would direct public money to private religious schools. In the 2000 election came down to Florida, he worked on George W. Bush’s legal team.

While these qualities will not endear him to many Democrats, it is his legal record that is of issue.

Kavanaugh, has been cagey around the issue of abortion. According to Wikipedia:

During his confirmation hearing in 2006 for the District of Columbia Court of Appeals, Kavanaugh stated that he considered Roe v. Wade binding under the principle of stare decisis and would seek to uphold the ruling of the higher court. However, he also ruled in favor of abortion restrictions in several cases.

In May 2006, Kavanaugh stated he "would follow Roe v. Wade faithfully and fully" and that the issue of the legality of abortion has already "been decided by the Supreme Court". During the hearing, he stated that a right to an abortion has been found "many times", citing Planned Parenthood v. Casey. 

In October 2017, Kavanaugh joined an unsigned divided panel opinion which found that the Office of Refugee Resettlement could prevent an unaccompanied minor in its custody from obtaining an abortion. Days later, the en banc D.C. Circuit reversed that judgment, with Kavanaugh now dissenting. The D.C. Circuit's opinion was then itself vacated by the U.S. Supreme Court in Garza v. Hargan (2018).

He has also been a dissenting vote in preserving the Affordable Care Act,  In 2015, Kavanaugh found that those directly regulated by the Consumer Financial Protection Bureau (CFPB) could challenge the constitutionality of its design

There is more to be learned about Brett Kavanaugh and his hearings will likely go on for awhile.

Addendum: On-going list of articles that shed further light on his judicial background.

Trump’s Supreme Court pick: ISPs have 1st Amendment right to block websites (added 7/11/18)
Trump’s Supreme Court Nominee Is a Major Net Neutrality Opponent (added 7/11/18)
Brett Kavanaugh Has GOP Bona Fides, But a Surprising Record (Added 7/11/18)
Here’s How Kavanaugh Could Deal a Big Blow to Gun Control (Added 7/11/18)
How Brett Kavanaugh Would Change The Supreme Court (Added 7/12/18)
Judge Brett Kavanaugh: In His Own Words (Added 7/12/18)
A look at Brett Kavanaugh's opinions on guns, abortion and the environment (Added 7/12/18)
America Under Brett Kavanaugh (Added 7/12/18)