Texas could gain ally in President Trump's Supreme Court nominee

Law professor believes Brett Kavanaugh has good chance of being confirmed

SAN ANTONIO – Texas may have an ally to gain if President Donald Trump’s Supreme Court nominee, Brett Kavanaugh, is confirmed. 

Al Kauffman, a professor at St. Mary’s University School of Law, said Kavanaugh has a pretty good chance at getting confirmed based on his qualifications, but it will be a very close vote.

Kauffman examined the nominee’s written opinions on previous rulings to determine that he is a strong supporter of presidential power, giving less power to federal agencies and weakening regulations.

“He’s taken a position that the president should not be open to any civil or criminal case while he's the president,” Kauffman explains.

Texas’ legal fight with the Clean Air Act, welfare, environmental protection and gay rights have made it to the Supreme Court. Any future similar fights before Kavanaugh could be meaningful.

“There’s a concern among activist or progressives that Kavanaugh would basically favor Texas in a lot of lawsuits,” he explained.

Kavanaugh’s opinion on controversial cases, such as abortion, are less known.

Kavanaugh is set to replace Justice Anthony Kennedy, who is retiring.

Kennedy was instrumental and in the middle of a lot of historic and important cases, including many for Texas.

Kavanaugh worked for President George W. Bush and worked with Ken Starr on the impeachment case of President Bill Clinton.

Trump has asked that the judge be confirmed by Oct. 1. Democrats have vowed to delay the hearing.  

About the Author: