No change in Capito’s support for Kavanaugh following committee hearings

CHARLESTON, W.Va. — U.S. Sen. Shelley Moore Capito, R-W.Va., remains supportive of Brett Kavanaugh’s nomination to the Supreme Court, two weeks after a raucous set of hearings before the Senate Judiciary Committee.

Capito told reporters last week during a stop in Charleston she thought the federal appeals judge did a great job answering lawmakers’ questions and explaining his approach on the bench.

“He just spouted off case after case to make his case for how he would be an impartial and fair judge,” she said. “His knowledge of the law, his knowledge of the Constitution, his humbleness, I think, came through quite well. I thought he was pretty flawless, in my opinion.”

The Judiciary Committee held four days of hearings — three days of which Kavanaugh was present — that began with Democratic senators and protesters interrupting the opening remarks. Democratic lawmakers asked for a delay to the proceedings because of a last-minute release of documents relating to Kavanaugh’s past work with President George W. Bush’s administration.

Kavanaugh served as staff secretary between June 2003 and May 2006.

“This is a man who has an extremely admirable record, who is an admirable human being, who should be treated like somebody who would be sitting on the Supreme Court. I just felt like all of the esteem of confirming a Supreme Court justice kind of got lost in all of the mayhem,” Capito said. “The protesters? OK, I can get that. I’m speaking more about the other senators’ behavior.”

“We can have a civil discussion. You can disagree civilly,” she added.

During the confirmation hearings, Kavanaugh did not say how he would rule on the statute guaranteeing insurance coverage for individuals with pre-existing conditions, telling the committee he would not provide opinions on cases that could come before the court.

West Virginia and 19 other states are suing the federal government, arguing “Obamacare” is unconstitutional because of the repeal of the law’s individual mandate in December as part of the tax bill. The U.S. Department of Justice is not defending the Affordable Care Act in court.

Capito, who favors keeping insurance coverage for pre-existing conditions, had no issue with Kavanaugh’s answer.

“He can’t say specifically how he’s going to rule on something that is not in front of him if he doesn’t have a past record of ruling on that. He has more than 300 different opinions,” she said. “I think he represented himself as somebody who doesn’t want to make law, who wants to adhere to the Constitution. That’s good for me.”

Sen. Joe Manchin, D-W.Va., pushed a resolution over the summer asking for the Senate Legal Counsel’s involvement in the lawsuit. North Carolina Sen. Thom Tillis introduced a bill last month to protect coverage for individuals with pre-existing conditions, which Capito has cosponsored.

“I think it is important that we make sure people with pre-existing conditions have access and affordable access. That’s why I got on the Tillis bill,” she said.

As for the lawsuit, Capito said she will be keeping an eye on future court actions.

Manchin has repeatedly said maintaining coverage for individuals with pre-existing conditions is a concern for him regarding a vote on Kavanaugh. According to the senator, around 800,000 West Virginians with pre-existing conditions would lose insurance coverage if the states are successful in the lawsuit.

Manchin met with Kavanaugh in July, and has said he wants to hold a second talk following the hearings. Manchin communications director Jonathan Kott said they are working with the White House on scheduling a second meeting.

Manchin’s Senate campaign is also making the statute’s future a central issue; the campaign released an advertisement last week in which Manchin criticizes his Republican opponent, state Attorney General Patrick Morrisey, for the lawsuit before using a shotgun to destroy a copy of the suit.

An issue outside of Kavanaugh’s judicial record emerged late last week that could impact his chances of serving on the high court; Sen. Dianne Feinstein, D-Calif., referred information regarding Kavanaugh to federal investigators. While Feinstein — the senior Democrat on the Judiciary Committee — did not publicly say at first what the content was about, the New Yorker reported Friday it was a letter regarding a sexual assault accusation against Kavanaugh involving a woman when the two were in high school.

The woman, Christine Blasey Ford, told the Washington Post that Kavanaugh and a friend — who she both described as “stumbling drunk” — trapped her in a bedroom. Ford said Kavanaugh then groped her and attempted to take off her clothes. She managed to escape after a third person jumped on top of them.

Kavanaugh has denied the allegation.

Feinstein released a statement Sunday supporting Ford for sharing her story. She added the FBI should conduct an investigation before the nomination moves forward.

The Judiciary Committee released a letter on Friday signed by 65 women who knew Kavanaugh in high school.

“Through the more than 35 years we have known him, Brett has stood out for his friendship, character, and integrity. In particular, he has always treated women with decency and respect. That was true when he was in high school, and it has remained true to this day,” the letter said.

The committee’s Republicans released a statement against the allegation again following the Washington Post’s story. The senators also asked Feinstein to publicly release Ford’s letter.

Manchin’s office had no comment on the matter when reached Friday and Sunday.

Capito said the following in a statement Friday:

“After having the chance to meet with Judge Kavanaugh a number of times, thoroughly review his record, and attend parts of his confirmation hearings last week, I am more certain than ever that he is the right person for the job. He is a man of integrity and outstanding character; he understands and respects the responsibilities of a Supreme Court justice; and he has proven time and again that he is committed to upholding the Constitution as written. I will continue to support his nomination and look forward to voting to confirm him soon.”

The Judiciary Committee will vote Sept. 20 on Kavanaugh’s nomination. The full Senate will take up the nomination before the end of the month.





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