President Donald J. Trump’s announcement of his intent to nominate Judge Brett M. Kavanaugh to fill the Supreme Court vacancy created by Justice Anthony Kennedy is a step in the right direction according to the National Cattlemen’s Beef Association.
“President Trump’s nomination of Judge Kavanaugh presents an opportunity to solidify the conservative tilt of the U.S. Supreme Court. The retiring Justice Kennedy was long considered a ‘swing vote’ –he voted with the liberal wing of the Court almost as many times as he sided with the conservative Justices,” said National Cattlemen’s Beef Association Chief Environmental Counsel Scott Yager.
“Justice Kennedy, in fact, is partly to blame for the Waters of the U.S. (WOTUS) quagmire because he drafted his own opinion (creating the 4-1-4 split) and endorsed the ‘significant nexus’ test in the 2006 Rapanos decision. Replacing Justice Kennedy with a solidly conservative 5th vote will change the highest court in the land for many years to come and clears the path for a narrower WOTUS definition, as supported by the Trump Administration and NCBA, to be upheld by the Supreme Court.”