
Newly confirmed and sworn-in U.S. Supreme Court Justice Kavanaugh heads off to his first day of work as a justice at the Supreme Court as he leaves his house in Chevy Chase, Maryland
By Andrew Chung
WASHINGTON
(Reuters) - Just three days after he was narrowly confirmed to the U.S.
Supreme Court despite facing allegations of sexual assault, Brett
Kavanaugh is set to take his seat on the bench on Tuesday morning,
solidifying a conservative majority for years to come.
Kavanaugh's
confirmation hearing was marked by loud protests and on Tuesday a
handful of demonstrators gathered outside the Supreme Court, chanting
"This isn't over, we're still here."
Kavanaugh,
53, will join the eight other justices to hear arguments in cases
involving a federal criminal sentencing law, bringing the nine-member
court back up to full strength after the retirement of Anthony Kennedy
in July.
Kavanaugh's
confirmation gave Republican President Donald Trump a major victory,
with his second lifetime appointee to the nation's highest judicial
body. Neil Gorsuch joined the court last year.
Trump, in two tweets on Tuesday morning, said he was "very proud" of Kavanaugh and blasted those protesting the new justice.
The bitterly divided U.S. Senate voted 50-48 on Saturday to confirm Kavanaugh, with just one Democrat supporting him.
Kavanaugh's
elevation to the high court had been considered safe until California
university professor Christine Blasey Ford went public with explosive
allegations that Kavanaugh had sexually assaulted her in 1982, while
they were in high school. Two other women also accused Kavanaugh of
sexual misconduct.
Kavanaugh
denied the allegations and in a blistering partisan attack during a
Senate hearing on Sept. 27, accused Democrats of an "orchestrated
political hit."
He
wrote later in a newspaper opinion piece that he regretted some of his
comments but critics said it raised questions about whether he would
treat all who come before him fairly. Hundreds of law professors, as
well as retired Justice John Paul Stevens, a Republican appointee, said
Kavanaugh's remarks should have disqualified him from the job.
Other
analysts said the court's reputation could suffer as it becomes
perceived as a political, rather than a legal, institution.
At
a White House ceremony on Monday night, Kavanaugh sought to put the
confirmation battle behind him, saying he was starting his new job
without bitterness.
"Although the Senate confirmation process tested me as it has tested others, it did not change me," he said.
PUSHING COURT TO RIGHT
Kavanaugh
moves to the Supreme Court after spending 12 years as a judge on the
influential U.S. Court of Appeals in Washington, where he built a
conservative judicial record and a reputation for being affable and
well-prepared.
In the 1990s, before becoming a judge, Kavanaugh was part of
special counsel Kenneth Starr's team that investigated Democratic President Bill Clinton.
The
new justice is widely expected to push the court further to the right
as he is replacing Kennedy, a conservative who sometimes voted with the
liberal justices on key social issues, including in pivotal cases on gay
rights.
Kavanaugh can be expected to cast crucial votes on a matters
including abortion, gun control, immigration, and voting rights.
His
views on presidential powers could be tested within days in a dispute
over whether Commerce Secretary Wilbur Ross should submit to questioning
by lawyers suing the Trump administration over a decision to add a
citizenship question to the 2020 census.
If an appeals court does not stop Ross's deposition, the administration is expected to turn to the high court.
Although
his reputation was tarnished by the sexual misconduct claims, Kavanaugh
said during his confirmation hearings that he had a record of promoting
women in the legal profession.
All
four of the law clerks Kavanaugh has hired this term are women, which
is a first for a Supreme Court justice. Kavanaugh has moved into the
chambers previously occupied by conservative Justice Samuel Alito, who
has taken over Kennedy's chambers.
The
oral arguments on Tuesday concern the 1984 Armed Career Criminal Act
(ACCA), a "three-strikes-and-you're-out" criminal sentencing law that
boosts prison sentences after multiple violent felonies or drug
offenses.
The
cases challenge the types of crimes that qualify as violent felonies
under the ACCA and can lead to 15-year mandatory minimum sentences for
the defendant. In one case, the justices will review a Florida robbery
conviction. The other two cases relate to burglary convictions in
Tennessee and Arkansas.
(Reporting
by Andrew Chung; Additional reporting by Lawrence Hurley, Jeff Mason
and Susan Heavey; Editing by Peter Cooney and Bill Trott)
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