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SOURCE:  États-Unis : avec la nomination de Kavanaugh, «la Cour suprême va durcir son virage à droite»

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« INTERVIEW – Ancien conseiller de Bill Clinton, Nelson Cunningham anticipe un démantèlement «morceau par morceau» de la jurisprudence favorable à l’avortement.

Propos recueillis à Washington par notre correspondant

Nelson Cunningham est un avocat international, diplômé de Yale et de Stanford. Ancien conseiller de Bill Clinton et de Joe Biden, il fut notamment expert juridique auprès de la Commission judiciaire du Sénat, qui conduit la procédure de confirmation des juges à la Cour suprême. Il préside aujourd’hui le cabinet d’avocats McLarty Associates, qu’il a cofondé.

LE FIGARO. – Brett Kavanaugh, nommé lundi à la Cour suprême par Donald Trump, va-t-il passer l’obstacle du Sénat?

Nelson CUNNINGHAM. – Il va y avoir beaucoup de bruit, mais je pense qu’à la fin il sera confirmé sans encombre. Les démocrates n’ont aucune chance de ralentir le processus jusqu’aux législatives de novembre. Ils ont peu d’outils à leur disposition pour cela. Et même s’ils remportaient la majorité au Sénat, il leur faudrait attendre jusqu’à l’entrée en fonction de la nouvelle chambre, le 3 janvier 2019. En outre, une obstruction excessive serait une grave erreur, cela ne ferait que galvaniser les électeurs républicains, y compris ceux qui ne se reconnaissent pas en Trump. S’il est un sujet où ce président et son parti sont unis, c’est bien la Cour suprême.

Comment jugez-vous le rôle de la Federalist Society, qui a fourni à Trump une liste de juges conservateurs pré-validée?

Je les connais bien, ils sont très efficaces, en particulier leur vice-président exécutif, Leonard Leo. Ils identifient des juristes conservateurs dès l’université et ont bâti l’un des réseaux les plus puissants de Washington. Je leur tire mon chapeau. Leur intervention dans le processus de nomination a été sollicitée par Trump lui-même, dans le cadre de sa relation transactionnelle avec les conservateurs religieux.

«Aujourd’hui, chaque juge est totalement aligné sur l’idéologie du président qui l’a choisi»

La légalité de l’avortement, établie dans l’arrêt Roe vs Wade en 1973, est-elle menacée?

Des manifestants pro-IVG à Seattle protestent contre la nomination de Brett Kavanaugh à la Cour suprême.

Si Roe vs Wade n’est pas renversé en une seule décision, sa jurisprudence va être démantelée morceau par morceau, en validant des entraves à la liberté des femmes d’obtenir une IVG. Avec sa nouvelle majorité, la Cour va durcir son virage à droite. La légalisation du mariage homosexuel ne sera probablement pas remise en cause, car elle est récente et nuancée, mais il n’y aura pas d’autre extension des droits des homosexuels. Je pense toutefois que le président de la Cour, John Roberts, ne voudra pas être vu comme l’assassin de l’assurance maladie Obamacare.

Les positions de Kavanaugh sur l’immunité présidentielle menacent-elles l’enquête du procureur spécial Robert Mueller?

Brett Kavanaugh avait œuvré à l’impeachment de Bill Clinton auprès du procureur Kenneth Starr. Il a ensuite changé d’avis en servant à la Maison-Blanche sous George W. Bush. Mais ce serait une énorme ironie s’il permettait au président de se soustraire aux questions de Mueller. Ce serait en contradiction avec deux décisions unanimes de la Cour suprême affirmant que le président n’est pas au-dessus des lois.

La Cour suprême est-elle une juridiction politique?

Elle s’est politisée. En 1991, il n’y avait qu’un seul juge nommé par un président démocrate, et pourtant la Cour était libérale. Aujourd’hui, chaque juge est totalement aligné sur l’idéologie du président qui l’a choisi. Cela va conduire à des décisions prises par cinq voix contre quatre pour l’avenir prévisible. À long terme, ces divisions pourraient affaiblir l’autorité de la Cour suprême. »

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