Conservative judge about to change the US Supreme Court

As of this writing, there is a very strong likelihood that Judge Brett Kavanaugh will become the next Supreme Court justice, filling in the seat vacated by retired justice Anthony Kennedy. This will be the second time that President Donald Trump has the golden opportunity to appoint a conservative jurist whose lifetime appointment affects the American way of life for many generations to come. Kavanaugh, widely praised for his legal pedigree and work experience as a federal appeals court judge, is highly recommended by the conservative corners of the Republican Party. On the other side, this nomination is bitterly fought by Democrats for the single reason that a right-leaning justice like Kavanaugh tilts the US Supreme Court more to conservative causes like abolition of women's right to privacy and abortion, religious freedom, gun rights, less government interventions, tighter immigration policies, and other issues opposing Democratic platforms.

Thus, Kavanaugh's nomination process does not come without a divisive, acrimonious, and embarrassing spectacle displayed by both parties for all the civilized world to see. In addition to their opposition to his judicial philosophy, the Democrats sprung out a late and shocking surprise by supporting accusations of sexual misconduct and attempted rape against Kavanaugh over actions allegedly committed while he was in high school. All these controversy and drama seemed to derail his nomination after an involvement by the Federal Bureau of Investigation was called for, which extends the process for another week. After the FBI issued a report that showed no further evidence of witness corroboration of those allegations, still, there seemed to be anxiety over the vote of some senators. Down to the last minute, there was really no clear indication whether his nomination will be voted on the Senate floor until Republicans senators Collins and Flake and Democrat Senator Manchin voted in favor of the whole Senate voting for his nomination. Again, as of this writing, the vote stands at 51 ayes and 49 nays but it could change on Saturday if two or more senators flip.

This is a very pivotal moment not only during Trump's presidency but also in recent American history. Never has a nomination process been so chaotic, bizarre, and highly partisan. Both parties are fighting for the future of America as shaped by jurisprudence to be decided by the US Supreme Court with the conservative justices in the majority, 5-4.

Kavanaugh has a thin record in his decisions that involve application of immigration law. While he has only decided three immigration-related cases as an appellate judge, his decisions in those cases are not entirely pro-immigrant. If confirmed, we shall soon where he stands on immigration issues by the decisions he will be participating or authoring at the US Supreme Court.

This column is not a substitute for professional legal advice obtained from a US-licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader’s specific immigration case. No attorney-client relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at [email protected].