Supreme Court nomination

The three themes that dominated the third day of Judge Kavanaugh’s confirmation hearings were the same three topics discussed at length the day before:  executive power, abortion, and gun rights. Executive power received the most attention.

Making headlines were Senator Booker’s release of “committee confidential” Kavanagh emails discussing abortion and racial-profiling before they were cleared for release to the public, Judge Kavanaugh’s refusal to say whether he thinks Roe v. Wade was decided correctly, and his refusal to condemn President Trump’s attacks on the judiciary.  

Issues related to state and local governments received a little attention, including judicial deference to federal agencies, which was discussed a number of times the day before.

If you were interested in the views of protesters, the details of the Federalist papers, Judge Kavanaugh’s most difficult job (working construction at age 16), and a broad ranging discussion of executive power, day two of Judge Kavanaugh’s confirmation hearings weren’t disappointing.

But if you were interested in knowing Judge Kavanaugh’s views on issues of importance to state and local governments you may have been disappointed. Generally, Supreme Court nominees give little away about their actual views on the law. Judge Kavanaugh was no exception. But he also wasn’t asked many hard hitting questions on legal issues of importance to state and local governments--with the exceptions of the expected questions on abortion and gun rights.

CSG Midwest
More than a half-century ago, some unpopular political maneuvering in Kansas caused voters there to create one of the nation’s more unique structures for appointing judges to a state supreme court. That change purposefully reined in the nomination powers of state elected officials, namely the governor.
Over the past few years, the legislative and executive branches have been exploring ideas to get some of that authority back.
“Kansas is the only state in the country where the selection of supreme court justices is controlled by a handful of lawyers,” Gov. Sam Brownback said in his annual State of the State address this year.
He has been among the state’s political leaders pushing for a constitutional change, one that would either alter Kansas’ merit-based selection process or get rid of it altogether. Like many states with merit-based appointment systems, Kansas uses a nominating commission to create a pool of candidates to fill open positions to the Supreme Court.