Thursday, 19th September 2024

Brett Kavanaugh makes US Supreme Court debut

sexual harassment allegations faced by Kavanaugh

Wednesday, 10th October 2018

 Judge Brett Kavanaugh Photo by Win McNamee/Getty Images)

Brett Kavanaugh took the bench with his new Supreme Court colleagues for the first time Tuesday in a jovial atmosphere that was strikingly at odds with the tension and rancour surrounding his high-court confirmation.

The new justice dived into his new job, asking a handful of questions in the first arguments of the day following a traditional welcome from Chief Justice John Roberts, who wished Kavanaugh "a long and happy career in our common calling."

Kavanaugh took his seat at the end of the bench to Roberts' far left, a visible manifestation of a moment that Republicans have dreamed of for decades, with five solidly conservative justices on the court, and Democrats have dreaded.

His path to confirmation was turbulent — opposition to him intensified after Christine Blasey Ford accused him of sexually assaulting her decades ago, when they were teenagers. Kavanaugh denied it.

In court, Kavanaugh asked questions of both sides in arguments over increased prison sentences for repeat offenders. He jumped in with his first question after most of the other justices had spoken.

Questions from Kavanaugh and Justice Neil Gorsuch, President Donald Trump's two high-court picks, suggested they could vote against the Trump administration and side with a criminal defendant from Florida who is fighting an increase in his sentence from just over six years to possibly more than 15 years.

As Gorsuch did in his first arguments last year, Kavanaugh focused heavily on the importance of following earlier decisions of the court. Both men testified about their respect for Supreme Court precedent, though Gorsuch already has been in the majority to overrule four high-court rulings.

Referring to a 2010 decision known as Curtis Johnson, Kavanaugh asked Justice Department lawyer Frederick Liu what the court should do "if we're trying to follow Curtis Johnson strictly?"

When the session came to an end, Kavanaugh shook hands with his new seatmate, Justice Elena Kagan. They also chatted privately before the arguments began. From time to time, Kavanaugh put on reading glasses to glance at papers in front of him.

Kavanaugh's wife and two daughters were in seats reserved for justices' guests, along with retired Justice Anthony Kennedy. Kavanaugh replaced Kennedy on the bench.

There was a long line of people hoping to see Kavanaugh's first appearance. Police put up barricades in front of the court, but there were few protesters in the early morning.

Those who were there held signs saying "We will not forget" and "We do not consent," following the acrimonious fight that culminated in Kavanaugh's 50-48 Senate confirmation Saturday.

Republicans had hoped to confirm Kavanaugh by Oct. 1, the start of the new term. Instead, the former D.C. Circuit judge missed the first week of arguments as the Senate considered an allegation that he had sexually assaulted a woman in high school.

Kavanaugh has had busy days since he was confirmed Saturday. That evening, he took his oaths of office in a private ceremony at the Supreme Court while protesters chanted outside the court building.

And on Monday evening he was the guest of honor at a ceremonial swearing-in at the White House. While Trump apologized on behalf of the nation for "the terrible pain and suffering" Kavanaugh and his family had experienced and declared him "proven innocent," the new justice assured Americans that he would be fair and was taking the job with "no bitterness."

The other eight justices also were at the White House on Monday.

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