Christopher Scalia, the son of late Justice Antonin Scalia, said Sunday that his father would not be surprised by the intensity surrounding Supreme Court nominee Brett Kavanaugh’s confirmation process.
“On a general level, he wouldn’t be terribly surprised about the intensity surrounding this Supreme Court nomination,” Scalia said of his father, speaking on Fox News.
{mosads}Scalia pointed to Roe v. Wade as the source of the heightened emotions surrounding Kavanaugh’s hearing.
In Roe v. Wade, Scalia said his father often commented, the court decided a cultural issue that should have been left to the elected leaders.
“As a result, Supreme Court nominations and confirmation battles have become more heated. Because justices have taken on the role that properly belongs to legislators,” Scalia said Sunday.
He said that progressives see Kavanaugh’s nomination as a threat to Roe v. Wade, which he said was “a signature issue for them, obviously.”
Senate Minority Leader Charles Schumer (D-N.Y.) said shortly after Kavanaugh was nominated that he was “going to fight this nomination with everything I’ve got.”
“The ramifications of this battle will last a generation or more,” he said.
The process has become still more intense since Christine Blasey Ford accused Kavanaugh of sexually assaulting her at a party in the summer of 1982.
Kavanaugh has unequivocally denied Ford’s allegation. Both testified before the Senate Judiciary Committee last week.
Both Ford and Kavanaugh, as well as their families, have reported receiving death threats, as have the offices of Sens. Susan Collins (R-Maine) and Jeff Flake (R-Ariz.).
After Ford came forward, two other women have accused Kavanaugh of sexual misconduct. Kavanaugh has also denied their allegations.
The FBI is currently conducting a weeklong investigation into the allegations against Kavanaugh.