weather icon Partly Cloudy

Heller pledges to vote for Supreme Court nominee after meeting

Updated July 19, 2018 - 4:07 pm

WASHINGTON — Republican Sen. Dean Heller of Nevada said Thursday he had no reservations and would likely vote to confirm Supreme Court nominee Brett Kavanaugh.

Heller met with Kavanaugh, 53, in his Capitol Hill office and talked with him about judicial temperament, precedent and a previous appellate court ruling involving a Department of Energy application for a construction license to build a nuclear waste repository at Yucca Mountain.

“I have no reservations,” Heller told the Review-Journal after the meeting. “I’m very confident.”

Heller said Kavanaugh “strongly defends the Constitution. He respects precedent. He’s not an activist judge.”

Kavanaugh was nominated by President Donald Trump this month to fill a vacancy on the high court following the announced retirement of Justice Anthony Kennedy, who was appointed by President Ronald Reagan.

Kennedy became a swing vote on the court, voting with the conservative wing on cases involving organized labor, gun rights and the 2000 presidential election, which ruled in favor of Texas Gov. George W. Bush over Vice President Al Gore.

But Kennedy also voted with the liberal faction on abortion rights and gay marriage.

The loss of Kennedy from the court has abortion rights and liberal groups concerned with the shifting philosophical balance with the nomination of Kavanaugh, a conservative vetted by the Federalist Society before his nomination.

Sen. Catherine Cortez Masto, D-Nev., and other Democrats in the Senate plan a thorough review of Kavanaugh’s background. A meeting between Kavanaugh and Cortez Masto has yet to be scheduled.

Dems to fight nomination

Senate Minority Leader Chuck Schumer, D-N.Y., said he will fight the nomination. He said Kavanaugh is out of the mainstream and would put a conservative extremist on the court who could vote to overturn Roe v. Wade, the 1973 case that protected abortion rights nationwide.

Democrats also claim that confirmation of Kavanaugh would result in rulings that could reverse health care protections.

Senate Majority Leader Mitch McConnell, R-Ky., praised Kavanaugh as a mainstream jurist and predicted he will be confirmed this fall.

Republicans hold a paper-thin 51-49 majority in the Senate. Sen. John McCain, R-Ariz., is battling cancer and has not voted on the Senate floor since last year.

McConnell can afford to lose only one Republican without picking off moderate Democrats in red states to confirm Kavanaugh.

Conservative groups are targeting Democratic Sens. Heidi Heitkamp of North Dakota, Bill Nelson of Florida, Joe Manchin of West Virginia, Claire McCaskill of Missouri and Joe Donnelly of Indiana.

Heller is the only Republican facing re-election in a state won by Hillary Clinton in 2016. He has embraced Trump policies on tax cuts, border security and supported the nomination of Justice Neil Gorsuch.

The Republican senator is being challenged by Rep. Jacky Rosen, D-Nev., in a race that strategists in both parties expect to be hard fought and close.

‘A solid jurist’

Support by Heller of Kavanaugh was not unexpected. During the 30-minute meeting, Heller said they spoke about personal interests, like sports and education.

“We had a great conversation,” Heller said. “I think he is a solid jurist.”

The two also spoke about judicial matters, and particularly a ruling on a case involving Yucca Mountain.

Kavanaugh wrote a 2013 majority ruling by a three-judge panel on the U.S. Circuit Court of Appeals for the District of Columbia that instructed the Nuclear Regulatory Commission to continue spending $11 million in funds appropriated by Congress to hear the DOE’s license application to construct a nuclear waste repository at Yucca Mountain.

The ruling was made in a case brought by Aiken, South Carolina, after the Obama administration cut funding for the licensing process due to public and political opposition to Yucca Mountain in Nevada.

Kavanaugh wrote that the ruling does not prejudge the NRC’s consideration or decision, or affect “any Department of Energy attempt to withdraw the license application.”

“But unless and until Congress authoritatively says otherwise or there are not appropriated funds remaining, the Nuclear Regulatory Commission must promptly continue with the legally mandated licensing process,” Kavanaugh wrote.

Heller queried Kavanaugh about the ruling.

“I asked him specifically if he had a position on Yucca Mountain and he said, ‘Read the ruling,’ ” Heller said. “He said he does not and (the ruling) states that.”

Licensing hearings eventually were halted. Trump has proposed funding to kickstart those hearings, although differences between the House and Senate have blocked funding to resume them.

Ironically, the dissenting opinion in the case was written by Chief Judge Merrick Garland, President Barack Obama’s nominee to fill the Supreme Court vacancy after the death of Justice Antonin Scalia.

Senate Republicans denied Garland a confirmation hearing or vote.

Garland said issuing a writ forcing the NRC to continue with the licensing until the funding was depleted was directing the agency to do “a useless thing.”

Contact Gary Martin at gmartin@reviewjournal.com or at 202-662-7390. Follow @garymartindc on Twitter.

Don't miss the big stories. Like us on Facebook.
Politics Videos
Clark County 2019 Election Results - Video
The 2019 Elections wrap up in Clark County including an upset in the Boulder City Mayor race.
Olivia Diaz talks about her win in Ward 3 - VIDEO
Las Vegas City Councilwoman-elect Olivia Diaz talks about her election win in Ward 3 and what lies ahead for her.
Greene discusses Read by 3 and Opportunity Scholarships - VIDEO
The Nevada Legislative Session is over and the results are mixed for Nevada students, according to Tom Greene, Senior regional legislative director, Excel in Ed in Action.
Bernie Sanders visits Las Vegas
Sen. Bernie Sanders made a stop at Roy W. Martin middle school on Thursday, during his campaign trail.
Kamala Harris campaigns in Las Vegas
Democratic Sen. Kamala Harris castigated President Donald Trump’s merit-based immigration plan, saying it was “short-sighted” and overlooked the cultural significance of family, during a campaign stop in Las Vegas. “We cannot allow people to start parsing and pointing fingers and creating hierarchies among immigrants,” Harris told Asian Pacific Islander leaders at a Chinatown restaurant, one of two appearances she made Thursday.
The Right Take New Education Funding Plan - VIDEO
On Monday, Senate Education Committee chair Mo Denis, D-Las Vegas, released a new education funding formula. For years, many Democrat politicians have criticized the current education funding formula, called the Nevada Plan. They claim it’s old and outdated. Their biggest beef is that it doesn’t allocate more money for students who are English Language Learners or live in poverty. The theory is that it’s harder to educate those students and so they need additional services, which costs additional money.
Kamala Harris campaigns in Nevada
California Senator Kamala Harris meets with One APIA Nevada, a nonprofit organization that advocates for policies empowering Asian Pacific Islander Nevadans. (Michael Quine/Las Vegas Review-Journal)
Ben Carson talks housing (Audio only)
Ben Carson discusses housing with the Review-Journal editorial board on Thursday. (Audio only)
Ben Carson visits the RJ (Full Audio Only)
Ben Carson discusses housing with the Review-Journal editorial board on Thursday. (Audio only)
Former Vice President Joe Biden campaigns in Nevada
After campaigning at the International Union of Painters and Allied Trades District Council 16 in Henderson, former Vice President Joe Biden spoke with the Review-Journal.
Student serenades Mayor Carolyn Goodman at swearing in
Students from the school she founded, The Meadows School, serenaded Las Vegas Mayor Carolyn Goodman during a swearing in ceremony for her third and final term. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Al Gore Speaks At UNLV About Climate Change - Video
Former Vice President of the United States Al Gore talks to an audience at UNLV about the effects of Climate change and how to switch to renewable sources of energy.
Forum on Wages and Working People Highlights - VIDEO
Presidential candidates Elizabeth Warren, Beto O'Rourke, Kamala Harris, Amy Klobuchar, Julian Castro, and John Hickenlooper speak in Las Vegas, Nevada.
Nevada Politics Today Valerie Weber - VIDEO
Valerie Weber sits down with Victor Joecks to discuss her policies and why she is running for Ward 2 of the Las Vegas City Council.
Cory Booker speaks at UNLV
US Senator Cory Booker speaks at UNLV during a Young Democrats meet and greet on Thursday, April 18, 2019. (Mat Luschek / Review-Journal)
May-Brown describes why some with disabilities need the subminimum wage - VIDEO
Eliminating the subminimum wage will end training and work opportunities for some members of the disabled community. Instead of doing something productive, they would be relegated to adult day care. That’s according to Tracy May-Brown, Opportunity Village’s director of advocacy, board and government relations.
Commission’s decision will delay Red Rock Canyon development
The Clark County Commission Wednesday rejected a developer’s request to approve a preliminary plan for 3,000 homes overlooking Red Rock Canyon before a federal agency grants permission for a roadway leading to the site.
Clark County commissioner calls on landlords to bring properties up to code
Clark County Commissioner Tick Segerblom has called on landlords in older parts of the valley to bring their properties up to code and keep them well-maintained or face the prospect of inspections, fines and citations. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Harry Reid speaks out against anti-Semitism
Unnerved by the rise in anti-Semitic hate speech and the general pervasiveness of bigotry, including in Nevada, former U.S. Sen. Harry Reid organized an educational forum at UNLV on Thursday as part of his call to unite people against it. (Shea Johnson/Las Vegas Review-Journal)
President Trump speaks to the Republican Jewish Coalition in Las Vegas
President Donald Trump spoke at the Republican Jewish Coalition’s National Leadership Meeting in Las Vegas and updated on Israeli relations. (Heidi Fang/Las Vegas Review-Journal)
Trump says border wall will have 'hundreds of miles' built by end of next year
President Donald Trump spoke at the Republican Jewish Coalition’s National Leadership Meeting in Las Vegas and discussed the progress of the border wall and the current relations there. (Heidi Fang/Las Vegas Review-Journal)
Protesters disrupt Trump's speech
Just as President Donald Trump started to make his opening remarks during his appearance at the Republican Jewish Coalition’s National Leadership Meeting, protesters disrupted his speech. (Heidi Fang/Las Vegas Review-Journal)
Roerink On The Problems With Taking Water From Eastern Nevada - Video
The Southern Nevada Water Authority wants to take billions of gallons of water that doesn’t exist from Eastern Nevada via a pipeline that would cost ratepayers $15 billion. Doing so would devastate the wildlife and people who live there. That’s according to Kyle Roerink, executive director of the Great Basin Water Network, which opposes the pipeline.
Las Vegas Election Night Wrap-Up
The Review-Journal's Politics and Government Editor, Steve Sebelius, wraps up election night. (Mat Luschek / Review-Journal)
Olivia Diaz Speaks To Ward 3 Supporters After Primary Election - Video
Olivia Diaz speaks to her supporters at a election party after results started coming in for the Ward 3 primaries.
Oscar Goodman Speaks On Behalf Of Mayor At Primary Win (edited)
Oscar Goodman spoke Tuesday night on behalf of his wife, Carolyn, who won the mayoral primary election. (Mat Luschek / Review-Journal)
Oscar Goodman Speaks On Behalf Of Mayor At Primary Win (Full)
Oscar Goodman spoke Tuesday night on behalf of his wife Carolyn, who won the mayoral primary election. (Mat Luschek / Review-Journal)
Gun Debate Shows Limits Of Government - Video
On Monday, the Assembly and Senate Judiciary Committees held a joint hearing on Assembly Bill 291. It would ban bump stocks and allow local governments to pass additional restrictions on firearms.
Lucy Flores speaks out about Biden incident
Former Nevada assemblywoman, Lucy Flores, expresses her feelings about an incident with former Vice President Joe Biden in 2014. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
Harry Reid takes the stand in injury lawsuit
Former U.S. Sen. Harry Reid took the stand on Thursday in the product liability lawsuit brought against the makers of a resistance exercise band that Reid blames for blinding him in one eye.
Jurors hear opening statements in Reid personal injury trial
Opening statements were made on Tuesday in the product liability lawsuit brought by Harry Reid against against the makers of a resistance exercise band that Reid blames for blinding him in one eye.
Mayor Goodman delivers Meals on Wheels
Mayor Carolyn Goodman delivers Meals on Wheels to seniors on March 26, 2019.
Las Vegas City Council Ward 1 race
Candidates for Las Vegas City Council Ward 1. (Shea Johnson/Las Vegas Review-Journal)
Beto O’Rourke campaigns in Las Vegas
Democratic presidential candidate and former Texas congressman Beto O'Rourke addresses attendees during a campaign stop at Arandas Taqueria in Las Vegas on Sunday, March 24, 2019. (Chase Stevens/Las Vegas Review-Journal)
Beto O'Rourke House Party in Las Vegas
Democratic presidential candidate Beto O’Rourke delivered a message of unity inside a Las Vegas living room Saturday night, outlining a mission to bridge the divide in a polarized America and rally behind “big defining ambitions that we have in common.” (Shea Johnson/Las Vegas Review-Journal)
Presidential candidate Kirsten Gillibrand talks at Atomic Liquors
Democrat presidential candidate Kirsten Gillibrand talks to her supporters at Atomic Liquors.
Presidential candidate Gillibrand meets with UNLV Immigration Clinic student attorneys
Democratic presidential candidate Sen. Kirsten Gillibrand, D-N.Y., meets with UNLV Immigration Clinic student attorneys at her first stop in Nevada as a candidate Thursday, March 21, 2019. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Sen. Catherine Cortez Masto promotes the Rebuild America’s Schools Act
U.S. Sen. Catherine Cortez Masto, D-Nev., co-sponsor of the Rebuild America’s Schools Act, speaks at Hoggard Elementary School in Las Vegas to promote the bill that would provide $100 billion for infrastructure improvements at schools across the country. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Scholar Max Eden on how restorative justice decreases student achievement - VIDEO
Across the country, restorative justice is lowering test scores and increasing the number of students who feel unsafe at schools. That’s according to Max Eden, a senior fellow with the Manhattan Institute, who recently released a study discipline reform.
NV Dems Want To Gut Read By Three - Video
Nevada’s students have a major problem. They aren’t very good at reading. In 2017, just 31 percent of fourth graders were proficient at reading according to the National Assessment of Education Progress. The number proficient falls to 28 percent in eighth grade. Read by Three could change that. If a student can’t read at grade level by the end of third grade, he repeats the grade.
Presidential hopeful Tulsi Gabbard stumps in Las Vegas
Presidential hopeful U.S. Rep. Tulsi Gabbard, D-Hawaii, holds a meet and greet at the Asian Culture Center in downtown Las Vegas Monday, March 18, 2019. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Sisolak signs public records reform bill into law

Gov. Steve Sisolak signed a bill that strengthens Nevada’s public records law, making it easier and cheaper for people to get public records and providing for fines if public agencies willfully flout the law.

Nevada urged to OK $25M settlement in 2016 Reno-area fire

Nevada’s attorney general is recommending approval of a $25 million settlement with homeowners and others who sought more than $300 million in damages after fire destroyed 24 homes.