Brett Kavanaugh Story Archives - West Virginia Public Broadcasting

Supreme Court Won’t Block EPA Carbon Limits On Power Plants

By a vote of 7 to 1, the justices denied the application for a stay of the U.S. Environmental Protection Agency’s rule, announced in April.

The U.S. Supreme Court has, for now, let stand a new federal rule sharply limiting carbon dioxide emissions from power plants, which West Virginia and other states had challenged.

By a vote of 7 to 1, the justices denied the application for a stay of the U.S. Environmental Protection Agency’s rule, announced in April.

West Virginia Attorney General Patrick Morrisey filed the suit in the U.S. Court of Appeals in the District of Columbia the following month and asked the Supreme Court to block the rule immediately.

Only Justice Clarence Thomas would have granted the stay, and Justice Samuel Alito didn’t participate. Justice Brett Kavanaugh wrote that “the applicants have shown a strong likelihood of success on the merits” of their challenge to the EPA rule.

However, Kavanaugh added that because electric utilities don’t have to begin compliance work until next June, “they are unlikely to suffer irreparable harm” before the D.C. Circuit decides the case on the merits. A decision is expected in this term.

In a statement, Morrisey said, “we will continue to fight through the merits phase and prove this rule strips the states of important discretion while forcing plants to use technologies that don’t work in the real world,” referring to carbon capture, an expensive and largely unproved option to curb emissions, as well as using clean-burning hydrogen instead of coal to produce power.

Morrisey, who’s the Republican nominee for governor, successfully challenged the Obama-era Clean Power Plan at the Supreme Court. The U.S. power sector achieved and exceeded the plan’s goals, even though it never took effect.

“Here, the EPA again is trying to transform the nation’s entire grid, forcing power plants to shutter,” he said in the statement.

Justice Neil Gorsuch joined Kavanaugh’s statement. Both justices were appointed by former President Donald Trump, who had the support of the coal industry but failed during his term to slow the closure of coal-burning power plants.

The EPA rule would require a 90 percent reduction of CO2 emissions at existing coal plants and new natural gas plants.

Though power companies could capture and store those emissions, many could opt to shut down the plants instead.

If the rules hold up, the EPA projects $370 billion in climate and public health benefits over the next two decades. The agency’s analysis predicts a reduction of 1.38 billion tons of CO2 through 2047, the equivalent of the annual emissions of 328 million gasoline powered cars.

Why is Joe Manchin a Democrat?

West Virginia Senator Joe Manchin voted to confirm Brett Kavanaugh, President Trump’s pick for the U.S. Supreme Court. Manchin was the only Democrat in the Senate to cross party lines, and he did it in a very public way. Manchin’s vote didn’t surprise many Mountain State voters, but it left a lot of people in other states asking, “Why is he even a Democrat?”

That question came from listeners. In this week’s episode of “Red State, Blue State,” Californians learn that Manchin is an “old-school West Virginia Democrat.”

“Red State, Blue State” is a collaboration between Us & Them and KCRW in Santa Monica, California. Each week until the midterm election, we’re presenting a new segment co-hosted by Trey Kay in West Virginia and Chery Glaser in Southern California.

Let us know what questions you have for someone with different political beliefs than yours.

The Future of the Supreme Court

With all turmoil surrounding Brett Kavanaugh’s Supreme Court nomination, red and blue state voters are taking the long view. This is the second episode of “Red State Blue State,” WVPB’s collaboration with KCRW in California. There have been times time when the U.S. Supreme Court seemed to be apart from the partisanship that’s infected other government institutions.

But President Trump’s choice of Kavanaugh — and the sexual assault accusations against the him -— have sent Americans on the Left and the Right running to their corners.

“Red State” host Trey Kay went to a Trump rally in Wheeling to talk to supporters, and “Blue State” host Chery Glaser brings us the voices of fearful protestors in California.

We’d like to know what your thoughts are:

After Weeks of Holding Out, Manchin Announces Support for Kavanaugh

This is a developing story and may be updated.

Democratic U.S. Senator Joe Manchin of West Virginia has voted to move forward with the confirmation of Supreme Court nominee Judge Brett Kavanaugh. After weeks of holding out, Manchin said he will support the nominee in a final vote — all but ensuring the embattled nominee’s confirmation.

Manchin left the Senate chamber during the procedural vote until Republicans Susan Collins of Maine, Jeff Flake of Arizona and Lisa Murkowski of Alaska made their decisions.

Collins and Flake voted to move Kavanaugh’s confirmation forward while Murkowski did not. Manchin then returned to the Senate floor and also voted to end debate and move forward.

He then announced his support for Kavanaugh following a floor speech from Collins, who said she, too, will cast a final vote in his favor.

Manchin referenced protests at his Charleston campaign headquarters and his Washington, D.C. senate office where women shared their experiences as voting of sexual assault.

“From the start of this process, I promised my constituents that I would look seriously at Judge Kavanaugh’s record and cast my vote based on the facts I have before me and what is best for West Virginia. I met with the nominee for over two hours, attended his hearings, spoke with constitutional experts, and heard from thousands of West Virginians,” Manchin said in a statement Friday.

Nine women were arrested for trespassing early Tuesday morning at his campaign headquarters in Charleston.

“I have reservations about this vote given the serious accusations against Judge Kavanaugh and the temperament he displayed in the hearing. And my heart goes out to anyone who has experienced any type of sexual assault in their life,” Manchin said.

“However, based on all of the information I have available to me, including the recently completed FBI report, I have found Judge Kavanaugh to be a qualified jurist who will follow the Constitution and determine cases based on the legal findings before him. I do hope that Judge Kavanaugh will not allow the partisan nature this process took to follow him onto the court,” he added.

The longtime West Virginia Democrat is up for reelection in November. His opponent, Republican state Attorney General Patrick Morrisey, has attacked Manchin repeatedly for holding out on how he will vote for Kavanaugh.

“Joe Manchin only votes in the interest of Joe Manchin. President Trump had all the votes he needed to confirm Judge Brett Kavanaugh, but Manchin waited – making a craven political calculation – in order to try to save his political career,” Morrisey said in a statement — issued moments after Manchin announced his support for Kavanaugh.

“Spending months on the sideline, Manchin allowed Senate Democrats and the liberal media to orchestrate a resist and obstruct circus to smear President Trump’s Supreme Court nominee. Manchin owes West Virginia an apology for watching, doing nothing, as Democrats sought to destroy Judge Brett Kavanaugh,” Morrisey added.

A final vote on the Supreme Court nominee is expected Saturday.

9 Women Arrested for Trespassing at Manchin Campaign Headquarters During Kavanaugh Protest

Updated: Tuesday, October 2, 2018 at 2:20 a.m.

Nine women have been arrested for trespassing after staging a sit-in at U.S. Senator Joe Manchin’s campaign headquarters in Charleston. The group was demanding that Manchin pledge to vote againstU.S. Supreme Court nominee Brett Kavanaugh’s nomination — based on allegations of sexual abuse waged against the judge.

The women sitting at Manchin’s campaign office were sharing their own stories of being targets of sexual violence and were collecting stories from others through an email address they created.

“What we asked for is a commitment that he vote no and we’re willing to stay here until we get that — or until we are removed,” Karan Ireland, of Charleston, said just before midnight.

Ireland was one of roughly a dozen women who had sat at Manchin’s office for more than 10 hours Monday into early Tuesday. She and eight other women were arrested by officers from the Charleston Police Department at Manchin’s campaign office, cited for trespassing and then released from custody. Those arrested were issued a court date of Nov. 8.

Charleston Police Department public information officer Lt. Autumn Davis confirmed the number of arrests but would not provide futher comment.

“People have been calling for weeks and can’t get through to his office — and, you know, we saw that clearly that’s not enough to influence this decision — and that’s why we felt compelled to come here today and take this more serious action,” said Emily Comer, another protester arrested early Tuesday.

Kavanaugh’s confirmation process has been marred by allegations of sexual assault from at least three women — most notably Dr. Christine Blasey Ford, who testified before the Senate Judiciary Committee last week. She said Kavanaugh sexually assaulted her while the two were in high school.

Since then, members of the U.S. Senate — including Manchin — have called for a week-long FBI investigation into the allegations against Kavanaugh. President Donald Trump ordered a background check. So far, Trump has not released the written scope of that inquiry, which would outline the FBI’s investigation.

Earlier Monday, Manchin released a short statement on the sit-in taking place at his campaign office, but didn’t indicate how he planned to vote in regards to Kavanaugh.

“I will continue to listen to all West Virginians on the Supreme Court nomination of Brett Kavanaugh, and, just like all big issues, I will look at the facts and my decision will be based on the facts,” Manchin said in a statement from his campaign just before 4 p.m Monday.

“No man can understand the trauma that women experience from a sexual assault. My heart goes out to the brave survivors who have the courage to come forward and share their story,” he added.

Supporters of the women staging the sit-in have brought pillows, blankets, food and other supplies, but were not allowed to hand them off before police arrived on the scene. Manchin’s campaign staff kept the door shut and locked. Campaign staff later blocked out windows to the office with campaign signs.

President Donald Trump was in West Virginia Saturday to stump for Manchin’s opponent, Republican state Attorney General Patrick Morrisey.

Asked whether she or any of the women staging the sit-in would vote for Morrisey if Manchin voted to approve Kavanaugh, Ireland said there is some disagreement among the group regarding what could play out on Election Day.

“I can’t speak for everyone in the room. There people who have said they won’t vote for [Manchin] on November 6 [if he votes to approve Kavanaugh]. I would be hard pressed to imagine that they would vote for Morrisey — and we know how he would vote on Kavanaugh. I think that we may have differing opinions on that,” Ireland said, noting there is a consensus among them to support pro-women candidates in the future.

Comer said Manchin’s hold out on Kavanaugh would not push her to vote for Morrisey, but she can’t yet throw her support behind Manchin.

“I would never vote for Patrick Morrissey. But, Joe Manchin — at this point — has done nothing to support me as a working class woman,” Comer said. “He’s done nothing to support me. Why should I support him in this election? He has a choice to make if he wants people to support him.”

After the arrests, Manchin’s campaign released a second statement on the sit-in.

“After working all day in Washington, Senator Manchin took time tonight to speak with the all of the protesters by phone and listen to their stories and views on Brett Kavanaugh,” the campaign said.

Manchin’s campaign stated he would make a decision on confirming Kavanaugh following the completion of the FBI investigation and acknowledged the presence of police on the scene.

“After a long discussion, the campaign asked the 11 protesters to leave the office. When the protesters would not leave, the police escorted them off of the property. We do not want anyone arrested and will continue to have civil conversations about Judge Kavanaugh’s confirmation, but it’s now midnight and our staff has the right to be respected also,” Manchin’s campaign said.

Manchin Supports FBI Investigation into Sexual Assault Allegations Against Kavanaugh

Updated: September 28, 2018 at 5:59 p.m.

Judge Brett Kavanaugh’s nomination to the Supreme Court has passed the Senate Judiciary Committee on a party-line vote.U.S. Senator Joe Manchin of West Virginia — a key and as-of-yet-undecided vote in the Kavanaugh confirmation process — says he supports a GOP Senator’s call for an FBI investigation of allegations of sexual assault waged against the Supreme Court nominee.

Manchin’s support of an investigation into allegations against Kavanaugh came moments before Senate Republicans agreed to delay a vote on the nomination until the investigation is completed.

As of Friday afternoon, national news outlets were reporting that five Senators were undecided or had been unclear on how they would vote for Kavanaugh. Sen. Manchin, who is up for reelection in November, is one of those five.

Hearings held by the Senate Judiciary Committee over the past two days have focused on Dr. Christine Blasey Ford’s testimony that Kavanaugh sexually assaulted her while they were in high school. Other women have also come forward with similar allegations. Kavanaugh denies having ever committed any form of sexual misconduct.

In a statement issued Friday afternoon, Manchin called Kavanaugh’s confirmation process “partisan and divisive.” Manchin said he supports Arizona Republican Sen. Jeff Flake’s call for a week-long FBI investigation — but he stopped short of announcing whether he would vote for the embattled nominee.

“The American people have been pulled apart by this entire spectacle and we need to take time to address these claims independently, so that our country can have confidence in the outcome of this vote. It is what is right and fair for Dr. Ford, Judge Kavanaugh, and the American people,” Manchin said.

Senate Republicans have agreed to delay a vote on Kavanaugh’s nomination to the Supreme Court in order to conduct an FBI investigation next week into allegations of sexual assault brought against the nominee. President Donald Trump has ordered a limited investigation as part of Kavanaugh’s background check to be completed by this time next week.

President Trump is scheduled to visit West Virginia Saturday to campaign for Manchin’s opponent in the midterms — Republican state Attorney General Patrick Morrisey.