Many legal scholars believe Texas could win big if Brett Kavanaugh is confirmed to the Supreme Court. State lawmakers, specifically Republican leadership, are known for testing the Constitution.
“It's mostly going to be on issues with respect to Texas abortion regulations that were passed a few terms ago and invalidated by the Supreme Court, those would definitely be more likely to be upheld with a Justice Kavanaugh,” says Charles “Rocky” Rhodes, professor at South Texas College of Law Houston.
Rhodes says Kavanaugh's time on the bench is the best indicator.
“To me, those are the decisions that are more likely to indicate how he's going to approach his job on the Supreme Court than what he did during the Bush administration or his investigation of President Bill Clinton.”
However, Rhodes says Supreme Court justices have been known to make unexpected rulings contrary to their earlier decisions.
“Your position as a lawyer or working for an administration is not necessarily the position you would follow if you had your own ability to make that choice, and as a Supreme Court justice, you do get to make that choice.”