Sen. Doug Jones vows 'independent review' of Trump's Supreme Court nominee

Sen. Bernie Sanders speaks with protesters in front of the Supreme Court in Washington

Modal Trigger Sen. Bernie Sanders speaks with protesters in front of the Supreme Court in Washington. AP

FBN's Stuart Varney on the impact of President Trump's nomination of Brett Kavanaugh to the Supreme Court on the midterm elections.

Democrats are also raising red flags over Kavanaugh's past writing that suggests investigations of sitting presidents are a distraction to executive branch leadership.

Kavanaugh worked as a White House staff secretary for President George W. Bush before Bush nominated him for a seat on the U.S. Circuit Court of Appeals for the District of Columbia.

Precisely because Kavanaugh is so establishment, though, it's unlikely that any Democratic votes will be needed.

Woodruff followed up, "Can you guarantee Democrats, though, senator, that, if Judge Kavanaugh is confirmed, that Roe v. Wade would not be overturned?"

Kavanaugh moved on to Yale University and Yale Law School before clerking for Supreme Court Justice Anthony Kennedy, whom he would replace if confirmed.

Kavanaugh wrote that semiautomatic rifles were in "common use" by Americans for many purposes and the ban enacted by the city of Washington, D.C., went too far. "I'm proud to be part of a pro-life administration that's advanced pro-life policies". While Collins has said a justice committed to overturning Roe v. Wade "would not be acceptable", it seems likely that Kavanaugh's hazy position on abortion (compared to some other potential nominees) will provide enough cover for her to confirm him. It's unclear what evidence there is for that, other than Trump's promise to appoint anti-abortion judges.

Raj Shah, the White House spokesman handling questions about Kavanaugh's nomination, did not immediately respond for comment. He said that might mean it could take more time to generate the same level of conservative enthusiasm behind them. He supported releasing the girl to a sponsor, where she could obtain an abortion if she chose to do so and leave the government out of it.

Trump has previously vowed to nominee anti-abortion justices, and Kavanaugh opposed giving an undocumented immigrant access to an abortion past year - giving Democrats more evidence that he's not committed to upholding abortion rights for women.

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The focus is on GOP Sens.

The nominee's fate may rest with two Republican senators who back abortion rights, Susan Collins of ME and Lisa Murkowski of Alaska.

Murkowski supports abortion rights, and it was a key reason she voted against Trump's Obamacare repeal last summer.

Kavanaugh's opinion in a case involving a challenge under the Religious Freedom Restoration Act to the Affordable Care Act's so-called contraceptive mandate, Priests for Life v. HHS, has also drawn scrutiny. Kavanaugh sided with a religious group that objected to having to notify their insurer or the federal government if they wanted an exemption. But three "Trump state" Democratic senators are facing tough re-election battles (Heidi Heitkamp of North Dakota, Claire McCaskill of Missouri, and Joe Donnelly of Indiana) and are feeling pressure from their constituents to vote for Kavanaugh. If Sen. John McCain, R-Ariz., does not return to vote after months of absence fighting cancer and Democrats hold together in opposition, a single Republican defection could sink the nominee.

This issue may not get as much buzz as abortion or health care, but it's probably the one that's directly relevant to Trump.

These comments should ring alarm bells given that the president is now under legal investigation, while his executive orders are being challenged in court.

"The third thing that worries me is that he has written an article saying, in effect, that presidents like Trump should be above the law". Not the kind of investigation that Richard Nixon was subjected to, that Bill Clinton was subjected to. No.

Americans for Prosperity, the grassroots arm of the political network controlled by the Koch brothers, plans to spend at least $1 million in ads and canvassing to support Kavanaugh's confirmation.

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