Manchin holds ‘productive’ meeting with Kavanaugh

WASHINGTON — U.S. Sen. Joe Manchin, D-W.Va., met with Supreme Court nominee Brett Kavanaugh on Monday, the first Senate Democrat to hold a meeting with President Donald Trump’s choice for the high court.

Manchin, who is facing a push in West Virginia to support confirmation, did not come out with a position on confirmation after the meeting, instead describing it as “productive.”

“As the senator from West Virginia, I have a constitutional responsibility to advise and consent on a nominee to fill Supreme Court vacancies and I take that responsibility seriously,” he said in a statement. “I think it’s irresponsible to announce your position minutes after the nominee is announced.”

Manchin’s office did not return a request for an interview.

Manchin was one of three red-state Democrats in April 2017 to vote for confirming Neil Gorsuch to the high court. North Dakota’s Heidi Heitkamp and Indiana’s Joe Donnelly, like Manchin, are running for re-election this year.

Manchin previously said he wants to meet Kavanaugh before his Senate Judiciary Committee hearing as well as afterward.

“I will not make a final decision on Judge Kavanaugh’s nomination until I complete a thorough and fair examination of his candidacy in order to decide whether he should hold the position of Associate Justice on the highest court in the land, just as I did with Neil Gorsuch,” Manchin also said.

Fifty-one senators have to vote in favor of confirming Kavanaugh for him to serve on the bench, but the threshold could be 50 senators if Arizona Sen. John McCain is absent due to treatment for brain cancer. Republicans hold a 51-49 majority in the chamber.

If confirmed, Kavanaugh would replace Justice Anthony Kennedy, who is retiring at the end of the month.

Since Trump announced his nomination of Kavanaugh on July 9, Manchin has stated concerns about what having Kavanaugh on the bench would mean for the federal health care law, specifically the provision protecting individuals with pre-existing conditions from losing insurance coverage.

West Virginia is one of 20 states suing the federal government, arguing the Affordable Care Act should be ruled unconstitutional in light of last year’s repeal of the individual mandate.

According to Manchin, around 800,000 West Virginians would be at risk of losing insurance coverage if the provision on pre-existing conditions is eliminated.

Manchin’s office has been accepting comments on Kavanaugh through a webpage and email, receiving more than 8,000 remarks and questions on the nominee since the July 16 launch. The senator held a roundtable in Charleston earlier this month with constituents and various organizations regarding Kavanaugh.

The Judicial Crisis Network and Americans for Prosperity-West Virginia are targeting Manchin to support confirmation; the Judicial Crisis Network has allocated more than $2 million for advertisements in West Virginia, North Dakota, Indiana and Alabama as part of a $4.5 million nationwide campaign.

Americans for Prosperity-West Virginia, part of the Koch network of conservative political organizations, sent a letter last week to Manchin’s office in support of Kavanaugh. Multiple lawmakers — including West Virginia’s three members in the U.S. House of Representatives and West Virginia Senate President Mitch Carmichael, R-Jackson — attached their names to the letter.

“Hanging your support on how a judicial nominee would rule on any case which may come before the Court is inappropriate,” the letter said. “Such politically-motivated rhetoric not only distorts the Court’s role, but undermines the consideration of fundamental principles. The role of the Supreme Court is to interpret the law, not make policy.”

Sen. Shelley Moore Capito, R-W.Va., met with Kavanaugh July 12. She has come out in support of confirmation.

West Virginia Attorney General Patrick Morrisey, who is running against Manchin for Senate, said in a statement before the meeting the senator needs to stop “waffling.”

“The men and women of West Virginia cannot count on Sen. Manchin to do the courageous thing and support Kavanaugh now. Instead, they can count on Sen. Manchin making a craven political calculation once the outcome has already been decided,” Morrisey said. “West Virginians have a simple message for Sen. Manchin: drop the political games, and support President Trump’s highly-qualified pick for the U.S. Supreme Court.”

Morrisey told reporters earlier this month he expects Manchin to vote in favor of confirmation because of the election.





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