Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Monday, August 27, 2018

Justice Kavanaugh?

Confirmation hearings for Supreme Court nominee Judge Brett Kavanaugh are set to begin on September 4.  In August, the big story related to the nomination was the need to see documents related to Kavanaugh's time as President George W. Bush's staff secretary and as a White House counsel.  But, getting these documents and ensuring that Kavanaugh's hearings are completed in time for him to join the Court at the start of the October term has proven difficult.  According to a Los Angeles Times article, "Republicans are getting the papers from Bush’s presidential library by having longtime GOP attorney Bill Burck, once a former Kavanaugh deputy, vet them."

Last week, however, there were new calls for a delay in the hearings.  This call focused not on Kavanaugh, but on Michael Cohen's guilty plea.  On August 23, Tom Nichols, a Naval War College Professor and Republican, called on the Senate to delay hearings until after the November election.  Democrats in the Senate have also raised this concern. It remains to be seen what role the Cohen plea will play in the hearings.  We will know for sure in about a week.

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