Morning Briefing
Summaries of health policy coverage from major news organizations
'Sparks Will Fly': Kavanaugh's Hearings To Bring Fiery Debate To Hill, But Killing Nomination Is Long-Shot For Dems
Two wildly different portraits of Judge Brett M. Kavanaugh are set to emerge on Tuesday when he appears on Capitol Hill for the opening of his Supreme Court confirmation hearings. One is a champion for women; the other a threat to women鈥檚 rights. Republicans will present Judge Kavanaugh to the nation as an experienced, independent-minded jurist with a sparkling r茅sum茅, and as an advocate and mentor for women in the judiciary. Among the cases they will cite: his 2009 ruling in favor of Emily鈥檚 List, the group that backs Democratic women who support abortion rights. (Stolberg, 9/3)
Hours before the start of hearings on Brett Kavanaugh鈥檚 nomination to the Supreme Court, the lawyer for former president George W. Bush turned over 42,000 pages of documents from the nominee鈥檚 service in the Bush White House, angering Senate Minority Leader Charles E. Schumer, who issued what is certain to be a futile call to delay the proceedings. 鈥淣ot a single senator will be able to review these records before tomorrow,鈥 Schumer (D-N.Y.) tweeted Monday evening. (Barbash and Kim, 9/3)
Republicans who mostly back President Donald Trump's pick are focusing on Kavanaugh's 12-year career as an appellate court judge, which has produced more than 300 opinions. Democrats are expected to take a more pointed tack, grilling the 53-year-old conservative on hot-button issues that could swing the court's majority rightward. Four days of hearings begin Tuesday. Democratic leader Chuck Schumer fumed Monday night over the committee receiving more than 42,000 pages of documents about Kavanaugh's years with the Bush administration the night before the hearings get underway. He called for a delay until Kavanaugh's records could be reviewed. (Mascaro, 9/4)
With Judge Brett Kavanaugh鈥檚 Supreme Court confirmation hearings set to begin Tuesday, partisans on both sides are focusing on one of the most consequential questions surrounding his nomination: Whether he would stand firm with precedents set by landmark rulings or be willing to overturn them. Liberals warn that key rulings on abortion, affirmative action and gay rights could be weakened or reversed by a court that leans further to the right. Many conservatives, on the other hand, hope those precedents will be limited by future rulings and eventually crumble, even if Judge Kavanaugh moves carefully rather than tearing through established doctrine. (Kendall, 9/3)
The long-shot path to killing Brett Kavanaugh鈥檚 Supreme Court nomination runs through the heart of the American health care system 鈥 and right into the November midterm elections. Senate Democrats prepping for this week鈥檚 marathon confirmation hearings are zeroing in on the health care views of the man who could pull the nation鈥檚 high court to the right for a generation 鈥 and determine the fate of abortion rights, the social safety net and Obamacare itself, possibly within months. (Cancryn, 9/3)
Opponents of the conservative judge so far do not appear poised to block him from receiving the 50 Senate votes he needs to win confirmation to a lifetime appointment on the Supreme Court. So Democrats are hoping to find fodder during the hearings to convince abortion-rights supporters in both parties to oppose President Donald Trump's nominee. (9/4)
"This game is a long way from over," Sen. Sheldon Whitehouse (D-R.I.) said in an interview last week. 鈥淚n fact, we haven鈥檛 really gone out on the field yet." Republicans are likely to have a 51-49 margin in the Senate by the time Kavanaugh comes to a final vote, thanks to the imminent announcement of a replacement for the late Sen. John McCain (R-Ariz.). That would mean Democrats have to stay united and pick off two GOP votes in order to defeat Kavanaugh 鈥 a tall order, despite their success in driving down public polling on the nominee. (Schor, 9/3)
Here are some facts about the hearings and things to watch. (Tau, 9/4)
The Senate Judiciary Committee on Tuesday begins what is expected to be a four-day hearing on President Trump鈥檚 nomination of Judge Brett M. Kavanaugh to be the Supreme Court鈥檚 114th justice. The senators and Kavanaugh will make opening statements on Tuesday. Kavanaugh will answer questions the next two days. And those supporting and opposing his nomination will testify after that. (Barnes, 9/3)
Judge Brett Kavanaugh's life seems as carefully constructed as the Supreme Court arguments he will hear if he is confirmed to the high court. He checks all the boxes of the ways of Washington, or at least the way Washington used to be. He's a team player 鈥 the conservative team 鈥 stepping up to make a play at key moments in politics, government and the law dating to the Bill Clinton era and the salacious dramas of that time. (Woodward, 9/3)
A look at [Kavanaugh's] writings reveals what senators will likely find: a consistent push to restrain the regulatory state. That was clear in a Senate questionnaire item asking him to list his most significant opinions as a federal judge. Judge Kavanaugh, who sits on the U.S. Court of Appeals for the District of Columbia Circuit, chose a 2008 dissent in which he suggested the high court erred in its unanimous 1935 decision upholding the constitutionality of independent agencies such as the Federal Trade Commission. (Bravin and Kendall, 8/31)
Donald Trump won鈥檛 get to reset his frenzied presidency two months before the critical midterm elections 鈥 no matter how smoothly Brett Kavanaugh鈥檚 Supreme Court confirmation hearings go this week. (Cadelago, 9/4)