Discussion Board

Discussion Board

Trenesia Hurkes

[Institutional Affiliation(s)]

Author Note

Discussion Board

The Judiciary Committee of Senate voted for Brett Kavanaugh, who was the Supreme Court nominee on September 30th. Following his nomination, a sexual assault case took over the media, before he was to be confirmed for the Supreme Court, the next month. With Kavanaugh, who is set to replace Justice Anthony, the Supreme Court is expected to drift further toward the right ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"nKFCMxdn","properties":{"formattedCitation":"(Baum 2020)","plainCitation":"(Baum 2020)","noteIndex":0},"citationItems":[{"id":334,"uris":["http://zotero.org/users/local/8reWiRZH/items/5Y58HLJ3"],"uri":["http://zotero.org/users/local/8reWiRZH/items/5Y58HLJ3"],"itemData":{"id":334,"type":"chapter","container-title":"SCOTUS 2019","page":"145–154","publisher":"Springer","source":"Google Scholar","title":"Justice Brett Kavanaugh Joins the Court","author":[{"family":"Baum","given":"Lawrence"}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Baum 2020). For many years, Kennedy was considered one of the Median judges, which made him get the swing votes as well. With this new appointment in the Supreme Court, the Court will have a new, conservative medium judge, H.E Chief Justice John ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"dNy87tYr","properties":{"formattedCitation":"(Baum 2020)","plainCitation":"(Baum 2020)","noteIndex":0},"citationItems":[{"id":334,"uris":["http://zotero.org/users/local/8reWiRZH/items/5Y58HLJ3"],"uri":["http://zotero.org/users/local/8reWiRZH/items/5Y58HLJ3"],"itemData":{"id":334,"type":"chapter","container-title":"SCOTUS 2019","page":"145–154","publisher":"Springer","source":"Google Scholar","title":"Justice Brett Kavanaugh Joins the Court","author":[{"family":"Baum","given":"Lawrence"}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Baum 2020).

After Kavanaugh being in charge of the affairs in the Supreme Court, the Court is likely to be more liberal, over issues where Kennedy had been more conservative. For example, in the cases pertaining to campaign financing, business regulations, and voting issues ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"c4174hJX","properties":{"formattedCitation":"(Earle 2019)","plainCitation":"(Earle 2019)","noteIndex":0},"citationItems":[{"id":332,"uris":["http://zotero.org/users/local/8reWiRZH/items/TS8H3BEP"],"uri":["http://zotero.org/users/local/8reWiRZH/items/TS8H3BEP"],"itemData":{"id":332,"type":"article-journal","container-title":"Interactions: Studies in Communication & Culture","issue":"3","page":"257–271","source":"Google Scholar","title":"‘The consequences will be with us for decades’: The politicization and polarization of the# MeToo and Time’s Up movements in the United States","title-short":"‘The consequences will be with us for decades’","volume":"10","author":[{"family":"Earle","given":"Elizabeth R."}],"issued":{"date-parts":[["2019"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Earle 2019). Though, gun laws and issues of religious liberty are most likely to get least attention. Interestingly, there is a majority of Conservatives in the Supreme Court I. e 5-4; consequently, conservative rulings will likely to get apace. As the Supreme Court is volatile, therefore, the rulings on issues, where Kennedy has maintained consensus, are likely to change, as Kavanaugh is expected to maintain his ideological posture upright.

As the Supreme Court's long-standing posture is to obey the past precedents, since it is obvious from the stare decisis case; therefore, it is more likely that the Supreme Court's liberal precedents will stay. But since, Kavanaugh is likely to replace Kennedy; therefore, it is most likely that it will permit states to ban abortion partially or completely ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"trFVnTLk","properties":{"formattedCitation":"(Fodor 2019)","plainCitation":"(Fodor 2019)","noteIndex":0},"citationItems":[{"id":333,"uris":["http://zotero.org/users/local/8reWiRZH/items/XBMWUAMR"],"uri":["http://zotero.org/users/local/8reWiRZH/items/XBMWUAMR"],"itemData":{"id":333,"type":"paper-conference","container-title":"Proceedings of International Academic Conferences","publisher":"International Institute of Social and Economic Sciences","source":"Google Scholar","title":"Roe v. Wade and the Appointment of Justice Kavanaugh to the Supreme Court","author":[{"family":"Fodor","given":"Julia"}],"issued":{"date-parts":[["2019"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Fodor 2019). It is expected to reject the challenges in the way of capital punishment or solitary confinement. There is also a long-held view that with this change, it can also rule in favor of religious challenges and anti-discrimination laws. Lastly, in the worst-case scenario, it can revert the past precedencies of the Supreme Court, like its rulings on gay rights.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Baum, Lawrence. 2020. “Justice Brett Kavanaugh Joins the Court.” In SCOTUS 2019, Springer, 145–154.

Earle, Elizabeth R. 2019. “‘The Consequences Will Be with Us for Decades’: The Politicization and Polarization of The# MeToo and Time’s Up Movements in the United States.” Interactions: Studies in Communication & Culture 10(3): 257–271.

Fodor, Julia. 2019. “Roe v. Wade and the Appointment of Justice Kavanaugh to the Supreme Court.” In Proceedings of International Academic Conferences, International Institute of Social and Economic Sciences.