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Hazard or opportunity for McCaskill? SCOTUS nomination could be either, says Wash U law professor

Greg Magarian is a law professor at Washington University and previously clerked for Justice John Paul Stevens.
Evie Hemphill | St. Louis Public Radio
Greg Magarian is a law professor at Washington University and previously clerked for Justice John Paul Stevens.

President Trump on Monday evening chose Brett Kavanaugh to fill the U.S. Supreme Court vacancy left by retiring Justice Anthony Kennedy. Kavanaugh will now go before the U.S. Senate for confirmation.

On Tuesday’s St. Louis on the Air, host Don Marsh talked with Greg Magarian, J.D., professor of law at Washington University, about the nomination and its local implications. Magarian previously clerked for Justice John Paul Stevens.

The nomination of Kavanaugh promises to have implications in Missouri, particularly in the U.S. Senate race between incumbent Democrat Claire McCaskill and her most likely Republican challenger, Missouri Attorney General Josh Hawley.

Greg Magarian is a law professor at Washington University and previously clerked for Justice John Paul Stevens.
Credit Evie Hemphill | St. Louis Public Radio
Greg Magarian is a law professor at Washington University and previously clerked for Justice John Paul Stevens.

“A Supreme Court nomination is a big, politically salient event,” Magarian said. “It gets people paying attention to the president and the Senate in a way that’s different than what we ultimately think about politics and government.

“In particular here in Missouri, Senator McCaskill tries very hard in a lot of ways to be bipartisan. There’s going to be pressure on her from the center-right to support this nomination. There’s going to be strong pressure on her from the left to oppose this nomination.”

Magarian said the nomination fight could be either a hazard or opportunity for McCaskill.

“It could be a way for her to sort of lay out her identity and priorities in a very emphatic way, but it could be a tough row for her to hoe,” he said. “The decision for McCaskill is going to be the most fraught thing. If she opposes the nominee, Attorney General Josh Hawley is going to say that this is a partisan Democrat.”

If confirmed, Kavanaugh would move the high court substantially to the right.

“He is deeply conservative and that’s really significant in the case of this vacancy,” Magarian said, noting that Kavanaugh is substantially to the right of Kennedy.

Listen to the interview to hear more analysis including a discussion about originalism, the Federalist Society and how a new makeup of the Supreme Court might influence abortion rights.

St. Louis on the Air brings you the stories of St. Louis and the people who live, work and create in our region. St. Louis on the Air host Don Marsh and producers Mary EdwardsAlex HeuerEvie Hemphill and Caitlin Lally give you the information you need to make informed decisions and stay in touch with our diverse and vibrant St. Louis region.

Copyright 2021 St. Louis Public Radio. To see more, visit St. Louis Public Radio.

Alex Heuer joined St. Louis Public Radio in 2012 and is the executive producer of St. Louis on the Air. Alex grew up in the St. Louis area. He began his public radio career as a student reporter at Tri States Public Radio in Macomb, Illinois and worked for a few years at Iowa Public Radio. Alex graduated summa cum laude from Western Illinois University with a degree in history and earned a teaching certificate in 6 - 12th grade social studies. In 2016, he earned a Master of Public Policy Administration with a focus in nonprofit organization management and leadership from the University of Missouri-St. Louis. He has won local and national awards for reporting and producing and his stories have been featured nationally on Morning Edition and All Things Considered.