As the confirmation hearing for Supreme Court nominee Brett Kavanaugh got underway in the U.S. Senate yesterday, California Western’s Prof. Glenn Smith appeared on KUSI San Diego’s Morning Show to talk about the hearing and potential impact of Kavanagh’s appointment.
Following media outlet reports that quarreling and confusion had marked the start of the Senate confirmation hearings, KUSI Morning Show hosts Elizabeth Alvarez and Carlos Amezcua asked Prof. Smith what it all meant.
“This always was going to be controversial,” said Prof. Smith. “Part of this is a reflection that this nominee especially, given that he had a substantial role in a previous administration and hundreds of thousands of pages of documents, was inevitably going to lead to this kind of process. When you nominate someone with this background you invite and bring on questions about executive privilege with regards to what documents can be confidential and which ones can be shared,” continued Prof. Smith. “Plus, the sheer magnitude of them makes it really controversial.”
Commenting on why this position is so significant Prof. Smith said, “Kennedy played such an important role on the court as a swing voter—somebody who could go with the more conservative side, or the more liberal side. He looked at every issue on a case-by-case basis and really had the balance of the court in his hands,” continued Prof. Smith. “If those shoes are filled by anyone who doesn’t perform that way, but becomes a reliable vote on one side or the other, then it’s going to affect the balance of the court and some real results in terms of reproductive freedom, certain executive powers, and issues that we may well be facing in the next year or two.”
Watch the full interview here: https://www.kusi.com/professor-of-law-talks-kavanaugh-hearing-and-potential-appointment-impact/