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Nomination of Brett Kavanaugh to the U.S. Supreme Court

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SCOTUS Vacancy, 2018
Judge Brett Kavanaugh2.jpg
Nominee
Brett Kavanaugh
Retiring Justice
Anthony Kennedy
Vacancy date
July 31, 2018
Confirmation date
October 6, 2018
Coverage

Timeline
Confirmation hearings
Kavanaugh nomination
Process to fill the seat
Kennedy resignation

See also
Brett Kavanaugh
Supreme Court vacancy, 2017
Supreme Court of the United States

This page covers multiple aspects of the nomination Brett Kavanaugh to the U.S. Supreme Court. On it you will find a timeline of the most significant events that played out during the nomination and confirmation process, information about Brett Kavanaugh, reactions from key senators on the nomination and confirmation, polling, and satellite spending. You can also read about the nomination's role in 2018 elections and the reactions of elected officials and media to the nomination.

Kavanaugh was confirmed as the 114th associate justice of the U.S. Supreme Court by a vote of 50-48-1 on October 6, 2018. President Donald Trump nominated him to succeed Associate Justice Anthony Kennedy on the U.S. Supreme Court on July 9, 2018. The Senate voted 51-49 to end debate on Kavanaugh's nomination on October 5, 2018.

On September 28, 2018, the Senate Judiciary Committee voted 11-10 along party lines to report Kavanaugh’s nomination to the full Senate for a vote. [1] The Judiciary Committee had held four days of confirmation hearings from September 4 to 7, 2018, and an additional fifth day of hearings on September 27, 2018, regarding allegations of past sexual misconduct by Kavanaugh which he denied.[2]

Following Kavanaugh's nomination, satellite groups spent more than $6 million, multiple members of the U.S. Senate met with Kavanaugh, and Democrats and Republicans disagreed on how many documents, and which ones, ought to be reviewed and released about Kavanaugh's history.

Kavanaugh needed a simple majority from a Senate vote to be confirmed. Republicans had a 51-49 majority in the Senate at the time of his confirmation. Click here to view Ballotpedia's coverage of the confirmation hearings.

Timeline

The timeline below shows the most significant events that played out leading up to Kavanaugh's confirmation. For the full timeline, visit Timeline of events related to the Supreme Court vacancy, 2018.

  • October 4, 2018: The Senate Judiciary Committee received the results of the supplemental background investigation on Kavanaugh conducted by the FBI.[3]
  • October 3, 2018: Senate Majority Leader Mitch McConnell filed a motion for a cloture vote on Kavanaugh.[4]
  • September 28, 2018: The Senate Judiciary Committee voted 11-10 to report Kavanaugh’s nomination to the Senate floor for a vote. Click here for a breakdown of the Senate Judiciary Committee's vote. After the vote, the committee released a statement saying it "will request that the administration instruct the FBI to conduct a supplemental background investigation with respect" to Kavanaugh's nomination. The statement also said that the "supplemental FBI investiagation would be limited to current credible allegations against the nominee and must be completed no later than" October 5, 2018.[5]
  • September 27, 2018: Kavanaugh and Blasey Ford testified before the Senate Judiciary Committee.


Document requests

Democrats and Republicans disagreed on the number of documents, as well as which ones, should be released prior to Kavanaugh's confirmation hearings. Click here to learn more.

Key senators on Kavanaugh's nomination

Brett Kavanaugh needed a simple majority from a Senate vote to be confirmed to the U.S. Supreme Court. Republicans had a 51-49 majority in the Senate when he was confirmed.

The section below curates the reactions and statements of senators in key leadership positions or who were mentioned by media outlets as potential swing votes.

Susan Collins (R)

Sen. Susan Collins

Political analysts and media outlets identified Sen. Susan Collins (R) as one of the most important Republican votes needed for Kavanaugh's confirmation.[6] Collins supported legalized abortion and said she would not vote for a nominee to the U.S. Supreme Court who would overturn Roe v. Wade.[7]

  • October 5, 2018: "Certain fundamental legal principles about due process, presumption of innocence and fairness do bear on my thinking and I cannot abandon them." (Of the allegations, she said:) "I do not believe that these charges can fairly prevent Judge Kavanaugh from serving on the court."[8]
  • September 19, 2018: "I hope that Dr. Ford will reconsider and testify before the Senate Judiciary Committee on Monday. It is my understanding that the Committee has offered to hold either a public or a private session, whichever would make her more comfortable."[9]
  • September 17, 2018: "Professor Ford and Judge Kavanaugh should both testify under oath before the Judiciary Committee."[10]
  • September 16, 2018: (Asked if the Senate Judiciary Committee should hold a vote on the confirmation on September 20) "I’m going to be talking with my colleagues, but I really don’t have anything to add at this point as I said. I did ask, I did read the letter last week, and asked the judge in a telephone conversation on Friday about it. He was very emphatic in his denial."[11]

September 7, 2018: "I know it’s frustrating to the press, but until I finish my review I’m going to defer my decision-making. I have been involved in confirmation hearings for six Supreme Court justices. I have always waited until hearings are done and until I have reviewed the paperwork and cases."[12]

August 21, 2018: After Collins met with Kavanaugh, she said, "We talked about whether he considered Roe to be settled law...He said that he agreed with what Justice Roberts said at his nomination hearing, in which he said it was settled law. We had a very good, thorough discussion."[13]

July 25, 2018: "There is a rigorous campaign underway right now in Maine. There’s like a $3 million media buy, which is huge in my state. So you can’t turn on the television or the radio or go on the internet without seeing ads. But those kinds of things are not going to have an influence on my vote."[14]

July 20, 2018: "I take this responsibility very seriously. I am amazed that some of my colleagues on both sides of the aisle who took a position on the nominee before he was even nominated before we even knew his identity. That's not the approach I am taking. I am doing a thorough review of the extensive paper trail."[15]

July 10, 2018: "It will be very difficult for anyone to argue that he’s [Kavanaugh] not qualified for the job. He clearly is qualified for the job. But there are other issues involving judicial temperament and his political, or rather, his judicial philosophy that also will play into my decision."[16]

July 1, 2018: "A candidate of this important position who would overturn Roe v. Wade would not be acceptable to me, because that would indicate an activist agenda that I don’t want to see a judge have."[17]

Joe Donnelly (D)

Joe Donnelly

Sen. Joe Donnelly (D) of Indiana was one of three Democratic senators who voted for Neil Gorsuch's confirmation in 2017. He faced re-election in 2018. The Judicial Crisis Network targeted his state with ad buys supporting the confirmation of Kavanaugh.

September 28, 2018 (Following the fifth day of Senate Judiciary Committee hearings on Kavanaugh's nomination): “I have deep reservations about Judge Kavanaugh’s nomination to this lifetime position and, as I stated, we have been unable to get all the information necessary regarding this nomination, despite my best efforts."[18] "While I would gladly welcome the opportunity to work with Pres Trump on a new nominee for this critically important position, if Judge Kavanaugh’s nomination comes before the full Senate for a vote under these circumstances, I will oppose it."[19]

August 15, 2018 (Following a meeting with Kavanaugh): "This was an important opportunity to sit down and talk in-depth with Judge Kavanaugh about: his record; experience working in the Bush Administration and serving on the federal bench; and views on the role of the Supreme Court as well as on a range of issues including precedent, health care, and judicial independence."[20]

August 6, 2018: "I’m going to meet with him [Kavanaugh] on [August] 15th, and just go through all of the questions that I have. I’m not an ideologue on this, I don’t have litmus tests, and I will look at it on its face."[21]

July 9, 2018: "As I have said, part of my job as Senator includes thoroughly considering judicial nominations, including to the Supreme Court. I will take the same approach as I have previously for a Supreme Court vacancy. Following the president’s announcement, I will carefully review and consider the record and qualifications of Judge Brett Kavanaugh."[22]

Jeff Flake (R)

Jeff Flake.jpg

Sen. Jeff Flake (R-AZ) was a member of the Senate Judiciary Committee who did not run for re-election in 2018. Flake expressed concerns about holding a committee vote on Kavanaugh's nomination on September 20 after Dr. Christine Blasey Ford came forward saying Kavanaugh had sexually assaulted her in the 1980's. After hearings with Kavanaugh and Dr. Ford were held on September 27, Flake said that he would vote to confirm Kavanaugh. In his vote to recommend Kavanaugh's nomination to the full Senate for a vote, Flake said he was voting "yes" as long as an FBI report was conducted on Kavanaugh.

  • October 5, 2018: Following the conclusion of the FBI report, Flake said he would vote to confirm Kavanaugh. "Unless something big changed, I don't see what would, but anyway I'm glad we had a better process."[23]
  • September 28, 2018: Just before his Judiciary committee vote to advance Kavanaugh's nomination to the full Senate, Flake stated, “I think it would be proper to delay the floor vote for up to but not more than one week in order to let the FBI do an investigation, limited in time and scope, to the current allegations. This country is being ripped apart here.”[24]
  • September 28, 2018: "I wish that I could express the confidence that some of my colleagues have conveyed about what either did or did not happen in the early 1980s, but I left the hearing yesterday with as much doubt as certainty. While some may argue that a different standard should apply regarding the Senate's advice and consent responsibilities, I believe that the constitution's provisions of fairness and due process apply here as well. I will vote to confirm Judge Kavanaugh."[25]
  • September 18, 2018: "When Dr. Ford came forward, I said that her voice should be heard and asked the Judiciary Committee to delay its vote on Judge Kavanaugh. It did so. I now implore Dr. Ford to accept the invitation for Monday, in a public or private setting. The committee should hear her voice."[26]
  • September 16, 2018: "I've made it clear that I'm not comfortable moving ahead with the vote on Thursday if we have not heard her side of the story or explored this further."[27]

Heidi Heitkamp (D)

Heidi Heitkamp

Sen. Heidi Heitkamp (D) of North Dakota voted to confirm Neil Gorsuch in 2017, along with two other Democratic senators. Heitkamp faced re-election in 2018. Her state was targeted by the Judicial Crisis Network with ad buys supporting the confirmation of Kavanaugh.

  • October 4, 2018 (After announcing she would vote no on Kavanaugh's confirmation): "If this were a political decision for me I certainly would be deciding the other way. History will judge you, but most importantly you will judge yourself."[28]

September 28, 2018: Heitkamp said she hadn't made her final decision about Kavanaugh. "I think this idea that there’s only one person that can do this job, we all need to recalibrate," she said.[29]

August 15, 2018 (After meeting with Kavanaugh): "Today, Judge Kavanuagh and I had a thorough and substantive discussion about the importance of the rule of law, precedent, ethical standards at the U.S. Supreme Court, reaching more consensus on the Court, and avoiding activism from the bench so the Court is shielded from politics. I learned more about his judicial record and temperament – which will also hopefully become clearer during his Senate hearing in the Senate Judiciary Committee. I reinforced to him how critical it is that anyone who serves on the U.S. Supreme Court is pragmatic, compassionate, committed to justice, and impartial so that everyone before the Court gets a fair hearing. I also talked about the need to fully understand Indian law and treaties, which are particularly important for states like North Dakota."[30]

August 6, 2018: "I don't like making these decisions until I see the actual job interview, which is the committee hearings. As soon as they schedule the committee hearings and we're able to watch the committee hearings, then that'll be the final piece of information that I need to make a decision."[31]

August 1, 2018: "I’ll meet with Judge Kavanaugh on August 15 to sit down with him and learn more about him, his judicial record, and his judicial temperament. I’ll also need to see his hearing before the Senate Judiciary Committee as part of a thorough and exhaustive review – which is what every senator should do when evaluating a lifetime appointment to the Supreme Court."[32]

July 9, 2018: "All that changes for me is that we now have a nominee. As I stressed to the president during our meeting two weeks ago, one of the most important jobs of any U.S. senator is to fully vet any nominee to serve on the Supreme Court, the highest court in our land. Now I'll get to work to thoroughly review and vet his record to provide advice and consent for filling this vacancy, which is part of my constitutional duty. I take this job incredibly seriously and I expect the nominee to meet with senators, have a hearing, and receive a comprehensive review of his record. As an attorney and former attorney general, I understand the importance of this position for our judicial system and our country. I have no doubt that many members of Congress and outside groups will announce how they stand on the nominee before doing their due diligence and instead just take a partisan stance-but that isn't how I work. An exhaustive and fair process took place for Justice Gorsuch, who I supported, and it should and must take place again now. And that's the kind of leadership North Dakotans expect from their senators."[33]

Doug Jones (D)

Doug Jones 2017.jpg

Sen. Doug Jones (D) of Alabama was targeted by several satellite groups in the months leading up to Kavanaugh's confirmation hearings. The NRA aired ads in Alabama urging voters to encourage Jones to vote for Kavanaugh's confirmation. His state was also targeted by Americans for Prosperity and the Judicial Crisis Network. Jones joined several Democrats in calling for Kavanaugh's confirmation hearings to be delayed after President Trump's former campaign chairman was found guilty on charges including tax fraud and Trump's former lawyer Michael Cohen pleaded guilty to campaign finance violations.

September 27, 2018: "Dr. Ford was credible and courageous and I am concerned about the message our vote will be sending to our sons and daughters, as well as victims of sexual assault. I will be voting no."[34]

August 22, 2018: "I think we need to push a pause button right now and let this play out just a little bit. And you couple [the legal cases] with the fact that we haven't got the full set of documents, I think it only makes sense."[35]

Joe Manchin (D)

Joe Manchin

Sen. Joe Manchin (D) met with Kavanaugh on July 30. He became the first Democratic senator to schedule a meeting with the judge. Manchin ran for re-election in 2018.

  • October 5, 2018 (Announcing his decision to vote to confirm Kavanaugh): "I have reservations about this vote given the serious accusations against Judge Kavanaugh and the temperament he displayed in the hearing. I believe he will rule in a manner consistent with our Constitution."[36]

July 30, 2018: (After meeting with Kavanaugh) "Today, Judge Kavanaugh and I had a productive meeting and talked about his experience, record and a variety of issues that will impact West Virginians, including his views on healthcare."[37]

July 25, 2018: (When asked about how other Democratic senators won't sit down with Kavanaugh) "That’s something that I would absolutely rail against. That’s not a precedent that should be followed."[38]

July 23, 2018: "I take my responsibility to advise and consent on a nominee to the Supreme Court very seriously. As I did when Merrick Garland and Neil Gorsuch were nominated, I am evaluating Judge Kavanaugh's record, legal qualifications, judicial philosophy and particularly, his views on healthcare. I encourage West Virginians to review his qualifications themselves and share their thoughts and concerns with me."[39]

July 9, 2018: "As the Senator from West Virginia, I have a constitutional obligation to advise and consent on a nominee to fill Supreme Court vacancies and I take that responsibility seriously. Just as I did when Merrick Garland and Neil Gorsuch were nominated, I will evaluate Judge Kavanaugh’s record, legal qualifications, judicial philosophy and particularly, his views on healthcare. The Supreme Court will ultimately decide if nearly 800,000 West Virginians with pre-existing conditions will lose their healthcare. This decision will directly impact almost 40% of my state, so I’m very interested in his position on protecting West Virginians with pre-existing conditions. As I have always said, I believe the Senate should hold committee hearings; Senators should meet with him, we should debate his qualifications on the Senate floor and cast whatever vote we believe he deserves. I look forward to meeting with Judge Kavanaugh, examining his rulings and making a determination of whether to provide my consent."[40]

Lisa Murkowski (R)

Lisa Murkowski

Political analysts and media outlets identified Sen. Lisa Murkowski (R) as one of the most important Republican votes needed for Kavanaugh's confirmation. She supported legal access to abortion and said this was a reason she voted against President Trump's repeal of the Affordable Care Act in 2017. Murkowski said Roe v. Wade would be a significant factor in her consideration of Trump's nominee but stressed it would not be the sole factor.[41] She met with Kavanaugh on August 23.

  • October 5, 2018 (Announcing her decision not to vote to confirm Kavanaugh): "I believe that Brett Kavanaugh is a good man. It just may be that in my view he's not the right man for the court at this time."[42]
  • September 17, 2018: "Allegations surrounding sexual assault must be taken seriously and the Judiciary Committee must look into this further. Despite the length of time since the alleged incident, Dr. Ford’s allegations should be heard and she must have an opportunity to present her story before the committee under oath, with Judge Kavanaugh having the opportunity to respond under oath as well."[43]
  • September 16, 2018: (Asked if the Senate Judiciary Committee should hold a vote on the confirmation on September 20) "Well, I think that might be something they might have to consider, at least having that discussion. This is not something that came up during the hearings. The hearings are now over, and if there is real substance to this, it demands a response. That may be something the committee needs to look into."[44]

August 23, 2018: "What I am seeking is a Supreme Court Justice with the character, the intelligence, and the balance to impartially apply the law to the facts of the case. Today’s meeting represents an important step in my vetting process. That process, however, has not concluded."[45]

July 19, 2018: "Trying to identify or distill out and say there is one issue for me that will guide my determination on this nomination or any future nomination for the U.S. Supreme Court, that is now how I operate. I have been looking at Judge Kavanaugh and his record holistically just as I did with every other justice I have had an opportunity to weigh in on."[46]

July 10, 2018: "Let’s put it this way: There were some who have been on the list that I would have had a very, very difficult time supporting, just based on what was already publicly known about them. We’re not dealing with that."[16]

Rand Paul (R)

Sen. Rand Paul

Republican Sen. Rand Paul voiced criticism in July 2018 of Brett Kavanaugh's opinion on personal privacy and the Fourth Amendment. Paul said in an interview that he was unsure whether he would vote to confirm Kavanaugh because he was concerned about Kavanaugh's positions on the Fourth Amendment.[47]

July 23, 2018: "Kavanaugh’s position is basically that national security trumps privacy," Paul said. "And he said it very strongly and explicitly. And that worries me."[47]

July 15, 2018: "I am worried though, and perhaps disappointed, that I think Kavanaugh will cancel out Gorsuch’s vote on the Fourth Amendment [because of his decision in Larry Klayman et al. v. National Security Agency et al.]." "I’m concerned about Kavanaugh. We’re going to have, hopefully, an open and long and far-ranging conversation about this."[48]

July 9, 2018: "I look forward to the upcoming hearings, reviewing the record, and meeting personally with Judge Kavanaugh, with an open mind."[49]

Chuck Schumer (D)

Sen. Chuck Schumer

Democratic Sen. Chuck Schumer was the Senate minority leader. He met with Kavanaugh on August 21, 2018.

August 21, 2018: "I understand that the judge told other members today that he considered Roe v. Wade settled law. He did not say that to me. But that is not the important or decisive question. Everything the Supreme Court decides is settled law until a majority of the Supreme Court decides to unsettle it. Conservative justices have a habit of saying something is settled law during their confirmation and then overturning the minute they get on the bench...I asked him if he agreed that Roe v. Wade and Casey v. Planned Parenthood were correctly decided. He would not say yes. That should send shivers down the spine of any American who believes in reproductive freedom for women."[50]

Polling

Quinnipiac poll

Quinnipiac University released a poll on October 1, 2018, which found that 48 percent of U.S. voters would not vote to confirm Kavanaugh, 42 percent would vote to confirm him, and 9 percent did not know. Participants were asked the question: "As you may know, President Trump has nominated Brett Kavanaugh to the Supreme Court. Do you think the U.S. Senate should confirm Brett Kavanaugh to the Supreme Court, or not?" The poll was conducted September 27-30, 2018, among a sample of 1,111 voters across the country. Its margin of error was plus or minus 3.7 percentage points.[51]

Fox News poll

A Fox News poll released on September 23, 2018, found that 43 percent of respondents would vote to confirm Kavanaugh, 50 percent would not vote to confirm him, and 7 percent did not know. Participants were asked the question: "President Trump nominated Brett Kavanaugh to serve on the U.S. Supreme Court. If you were voting on Kavanaugh’s nomination, would you vote to confirm him or not?" The poll was conducted by telephone September 16 to 19, 2018, among a random national sample of 1,003 registered voters. Its margin of error was plus or minus three percentage points.[52]

USA Today/Ipsos Public Affairs poll

A poll conducted for USA Today by Ipsos Public Affairs found that 40 percent of Americans were opposed to Kavanaugh's confirmation and 31 percent were in favor of his confirmation. The poll was conducted September 19-20 among 1,008 American adults. The poll was conducted online. A margin of error was not available.[53]

CNN poll

A poll conducted for CNN by SSRS found that 39 percent of Americans thought the Senate should not vote to confirm Kavanaugh while 38 percent thought that it should. Twenty-three percent had no opinion. Respondents were asked the question: " As you may know, Brett Kavanaugh is the federal judge nominated to serve on the Supreme Court. Would you like to see the Senate vote in favor of Kavanaugh serving on the Supreme Court, or not?" The poll was conducted September 6 through 9 and surveyed 1,003 adults nationwide. Its margin of error was plus or minus 3.8 percentage points.[54]

Demand Justice/YouGov poll

A poll conducted by Demand Justice and YouGov looked at the effect of the Kavanaugh nomination on voters in red states. The results published by Axios stated:

“ Among likely Democratic voters in...


Missouri: 35% said they would be less likely to vote for Sen. Claire McCaskill if she votes for Kavanaugh.
Indiana: 35% said they would be less likely to vote for Sen. Joe Donnelly if he votes for Kavanaugh.
Florida: 31% said they would be less likely to vote for Sen. Bill Nelson if he votes for Kavanaugh.
West Virginia: 30% said they would be likely less to vote for Sen. Joe Manchin if he votes for Kavanaugh.
North Dakota: 26% said they would be likely less to vote for Sen. Heidi Heitkamp if she votes for Kavanaugh.[55]

”

The poll surveyed 2,717 likely voters in Florida, Indiana, Missouri, North Dakota, and West Virginia from August 24 to September 1.[56]

Hill.TV/HarrisX poll

A poll conducted by Hill.TV and HarrisX found that 48 percent of respondents thought Kavanaugh's confirmation hearings should continue as planned following the verdicts regarding Paul Manafort or Michael Cohen. Twenty-five percent thought the hearings should be delayed and 27 percent were unsure. Respondents were asked the question: "Should there be a delay in the vote on Brett Kavanaugh’s Supreme Court nomination given the judicial verdicts involving Michael Cohen or Paul Manafort, or are these verdicts unrelated and the vote should continue as planned?" The poll was conducted August 24-25, 2018, among 1,001 registered voters. Its margin of error was plus or minus 3.1 percentage points.[57]

The Associated Press-NORC Center for Public Affairs Research poll

A poll conducted by The Associated Press-NORC Center for Public Affairs Research found that 46 percent of Americans neither favored nor opposed Kavanaugh's confirmation. Respondents were asked the question: "As you may know, Supreme Court Justice Anthony Kennedy is retiring, and President Trump has nominated Brett Kavanaugh to replace him. Do you favor, oppose, or neither favor nor oppose Brett Kavanaugh's confirmation by the U.S. Senate as a Supreme Court Justice?" The poll was conducted August 16-20, 2018, with 1,055 respondents. Its margin of error was plus or minus 4.2 percentage points.[58]

WPA Intelligence/Definers Public Affairs poll

A poll conducted by WPA Intelligence and Definers Public Affairs found that "support for Judge Kavanaugh’s nomination is highest in four states that President Trump won by double-digits in 2016 and where incumbent Democratic senators are particularly vulnerable." According to the poll, 80 percent of North Dakota voters supported Kavanaugh's nomination. That number was 71 percent in Montana, 71 percent in West Virginia, and 67 percent in Missouri. Respondents were asked the question: "Thinking about President Trump’s nominee to the Supreme Court, Judge Kavanaugh, are you more likely to vote for a U.S senator who supports the President’s Supreme Court nominee, more likely to vote for a U.S. senator who opposes the President’s nominee, or is a U.S. senator’s position on whether they support the President’s nominee to the Supreme Court not something that will affect your vote?" More than 7,000 voters in North Dakota, Montana, West Virginia, Missouri, Indiana, Ohio, Michigan, Florida, Pennsylvania, and Wisconsin participated in the survey. The poll's methodology did not state a margin of error.[59]

Fox News poll

A Fox News poll was released on August 23, 2018, stating that 46 percent of Americans would vote to confirm Brett Kavanaugh, while 45 percent would not vote to do so. Nine percent did not know. Participants were asked the question: "President Trump nominated Brett Kavanaugh to serve on the U.S. Supreme Court. If you were voting on Kavanaugh’s nomination, would you vote to confirm him or not?" The poll was conducted by both Anderson Robbins Research (D) and Shaw & Company Research (R). It was conducted by live interviewers from August 19 through 21, 2018, using a randomized national sample of 1,009 registered voters. Its margin of error was plus or minus three percentage points.[60]

Public Policy poll

A Public Policy Polling survey was released on August 21, 2018, stating that 49 percent of Maine voters did not think that Sen. Susan Collins (D), the senior senator from the state, should vote to confirm Brett Kavanaugh. Forty-two percent thought she should vote to confirm him, and 8 percent were not sure. Respondents were asked the question: "Recently Brett Kavanaugh was nominated to the Supreme Court. Do you think Senator Susan Collins should vote to confirm Brett Kavanaugh to the Supreme Court, or not?" The poll was conducted from August 17-18, 2018, and surveyed 529 Maine voters. Its margin of error was plus or minus 4.3 percentage points.[61]

North Star Opinion Research poll

A North Star Opinion Research poll released on August 21, 2018, found that voters in Indiana, North Dakota, and West Virginia want the U.S. Senate to confirm Brett Kavanaugh. In North Dakota, voters wanted to see him confirmed 60 to 23 percent. Those numbers were 51 to 32 percent in West Virginia and 46 to 32 percent in Indiana. The poll was conducted in each state from August 6-9, 2018, among 500 registered voters from each state. The poll's margin of error was 4.38 percentage points.[62]

Trafalgar Group poll

A Trafalgar Group poll was released on August 20, 2018, stating that if Joe Donnelly (D) voted to confirm Kavanaugh, 39.4 percent of Indiana voters would vote for his re-election, 38.5 percent would vote for his Republican opponent Mike Braun, and 22.2 percent were unsure. If Donnelly did not vote to confirm Kavanaugh, 45.3 percent of the state's voters would vote for his re-election and 38.0 percent would vote for Braun, while 16.7 percent were undecided. The poll was conducted from July 31 to August 7 and surveyed 1,420 likely general election voters. Its margin of error was plus or minus 2.6 percentage points.[63]

CNN poll

A CNN poll conducted by SSRS was released on August 16, 2018, stating that 37 percent of Americans wanted to see the Senate vote to confirm Kavanaugh, while 40 percent did not want the Senate to confirm the judge. Twenty-two percent of Americans had no opinion. Respondents were asked the question: "As you may know, Brett Kavanaugh is the federal judge nominated to serve on the Supreme Court. Would you like to see the Senate vote in favor of Kavanaugh serving on the Supreme Court, or not?" The poll was conducted August 9-12, 2018, and surveyed 1,002 respondents. Its margin of error was plus or minus 3.9 percentage points.[64]

Quinnipiac poll

A Quinnipiac poll was released on August 15, 2018, stating that 44 percent of voters thought the U.S. Senate should confirm Brett Kavanaugh, while 39 percent said it should not. Seventeen percent of voters did not know. Participants were asked the question: "As you may know, President Trump has nominated Brett Kavanaugh to the Supreme Court. Do you think the U.S. Senate should confirm Brett Kavanaugh to the Supreme Court, or not?" The poll was conducted August 9-13, 2018, and surveyed 1,175 voters nationwide. Its margin of error was plus or minus 3.4 percentage points.[65]

Long Island University poll

A Long Island University poll released on July 26, 2018, said that 38 percent of Americans believe Kavanaugh is qualified to serve on the U.S. Supreme Court, while 29 percent do not think the judge is qualified. Twenty-two percent of respondents were unsure. The statement which respondents were asked to agree/disagree with was: "Judge Kavanaugh is qualified for a seat on the Supreme Court." The poll was conducted July 15-18, 2018, and surveyed 1007 Americans. It had a margin of error of 3.0 percent.[66]

Quinippiac poll

A Quinippiac University poll released on July 25, 2018, said that 41 percent of voters thought the Senate should not confirm Kavanaugh's nomination, while 40 percent of voters said the Senate should. That one percent difference was within the poll's margin of error (3.5 percent). Participants were asked the question: "As you may know, President Trump has nominated Brett Kavanaugh to the Supreme Court. Do you think the U.S. Senate should confirm Brett Kavanaugh to the Supreme Court, or not?" The poll was conducted July 18-23 and surveyed 1,177 voters nationwide using live interviewers who called both landlines and cell phones.[67]

North Star Opinion Research poll

North Star Opinion Research released a poll on July 19, 2018, that found a majority of voters in Alabama, Indiana, North Dakota, and West Virginia said the Senate should confirm Brett Kavanaugh. North Dakota voters said he should be confirmed 60 to 22 percent, West Virginia voters 55 to 30 percent, Alabama voters 54 to 30 percent, and Indiana voters 52 to 34 percent. The polling firm did not release the question voters were asked which resulted in these numbers, nor did it specify a margin of error. The survey was conducted July 10-16 in Alabama, July 10-15 in Indiana, July 11-16 in North Dakota, and July 12-16 in West Virginia, with no calls conducted on July 13. Respondents were composed of registered and eligible voters in the four states.[68]

Gallup poll

A Gallup poll released on July 17, 2018, reported that 41 percent of Americans wanted the U.S. Senate to vote for the confirmation of Kavanaugh, 37 percent wanted it to vote against the confirmation, and 22 percent had no opinion. Participants were asked the question: "Would you like to see the Senate vote in favor of Brett Kavanaugh serving on the Supreme Court, or not?" The poll was conducted July 10-15 and results were based on telephone interviews with a random sample of 1,296 adults aged 18 and older, living in all 50 U.S. states and the District of Columbia. The margin of error was plus or minus three percentage points.[69]

Huffington Post/YouGov poll

A Huffington Post/YouGov poll released on July 13, 2018, found that 33 percent of voters would like to see their senators voting in favor of Kavanaugh's confirmation, 31 percent wanted their senators to vote against Kavanaugh's confirmation, and 36 percent were not sure. One thousand U.S. citizens participated in web-based interviews from July 10 - 11, 2018. Participants were selected from an opt-in internet panel by YouGov using sample matching. A random sample was selected from the 2014 American Community Study. The margin of error for this study was plus or minus 3.9 percentage points.[70]

Fox News poll

Fox News released a poll on July 12, 2018, that reported 38 percent of voters would vote to confirm Kavanaugh, 32 percent would not, and 30 percent were unsure. The question which determined the results was: "President Trump nominated Brett Kavanaugh to serve on the U.S. Supreme Court. If you were voting on Kavanaugh’s nomination, would you vote to confirm him or not?" The random national sample of 1,007 registered voters were asked a series of questions July 9-11, 2018. The poll was conducted under the direction of both Anderson Robbins Research (D) and Shaw & Company Research (R) by telephone with live interviewers. It had a margin of error of plus or minus three percentage points.[71][72]


Satellite spending

Millions of dollars were spent by satellite groups during the confirmation process both supporting and opposing Kavanaugh. The Judicial Crisis Network led those supporting the confirmation; it had spent $5.3 million on ad buys and a website launch as of August 2018. Leading the groups opposing Kavanaugh's confirmation was Demand Justice, which pledged $5 million.[73]

Support for Kavanaugh

45Committee

The 45Committee spent $650,000 on an ad that talks about Kavanaugh's "honor, integrity and strong moral character."[74]

Americans for Prosperity

Americans for Prosperity said it would spend six figures on direct mail and digital ads supporting Kavanaugh's confirmation. Politico reported the group sent out mailers in Florida, Indiana, West Virginia, and North Dakota, and a digital ad ran in those states as well as Missouri, Pennsylvania, Montana, Ohio and Michigan, and Alabama. All of those states except Alabama had Democratic senators up for re-election in 2018.[75]

Heritage Action

Heritage Action, the 501(c)(4) sister organization of the Heritage Foundation, announced it would spend a majority of its 2018 $11.5 million budget on supporting Kavanaugh's confirmation. According to Axios, the group was going to "campaign on behalf of the nominee through media hits and digital marketing spots, including on Faceboook and Twitter, as well as through regional grassroots events."[76]

Judicial Crisis Network

The Judicial Crisis Network spent over $5.3 million to support the confirmation of Kavanaugh following the announcement of his nomination.

The group spent $400,000 starting October 1, 2018, pushing Sens. Joe Manchin (D) and Heidi Heitkamp (D) to support Kavanaugh.[77]

The group spent $1.5 million to run ads targeting Democrats in West Virginia, North Dakota, Indiana, and Alabama, starting on July 23.[78] The ad buy followed a survey from North Star Opinion Research that found 60 percent of voters in North Dakota, 54 percent in Alabama, 52 percent in Indiana, and 55 percent in West Virginia said Kavanaugh should be confirmed.[79] The group had aired 2,237 spots as of August 2, according to political advertising tracking group Kantar Media’s CMAG.[80] Previous ads went toward targeting Democratic Sens. Joe Manchin, Joe Donnelly, Heidi Heitkamp, and Doug Jones. Immediately following Kavanaugh's nomination announcement, the group released an ad supporting his confirmation, made a $1.4 million ad buy, and launched the website ConfirmKavanaugh.com.

The network spent over $10 million in support of Neil Gorsuch, whom Trump nominated in 2017 to succeed Antonin Scalia on the Supreme Court. You can view two of the Judicial Crisis Network ads below.[81][82]

"Kavanaugh: In His Own Words" released September 6, 2018
"Tell Your Senator: Confirm Kavanaugh" released July 16, 2018
"Perfect Addition" released July 9, 2018

National Rifle Association

The National Rifle Association (NRA) began airing regional ads on August 7, 2018, calling on Sens. Doug Jones (D-Ala.), Lisa Murkowski (R-Alaska), Joe Donnelly (D-Ind.), Joe Manchin (D-W.Va.), and Heidi Heitkamp (D-N.D.) to confirm Kavanaugh. The ad cast Kavanaugh as the potential deciding vote on Second Amendment issues on the Supreme Court. "Your right to self-defense depends on this vote," the narrator said.[83]

“The NRA strongly supports Judge Brett Kavanaugh’s confirmation to the U.S. Supreme Court because he will protect our constitutional right to keep and bear arms,” said NRA top lobbyist Chris W. Cox. “It’s critical that all pro-Second Amendment voters urge their senators to confirm Judge Kavanaugh.”[84]

The group said it planned to spend at least $1 million supporting Kavanaugh's confirmation.[85]

"Tell Sen. Jones," released August 7, 2018

Republican National Committee

The Republican National Committee (RNC) launched a six-figure digital ad buy on August 31, 2018, encouraging voters to pressure their Democratic senators to confirm Kavanaugh. The ads directed viewers to the website confirmjudgekavanaugh.com, which contains information on the judge.[86]

Susan B. Anthony List

The pro-life group Susan B. Anthony List began organizing efforts to support the confirmation of Kavanaugh immediately after Trump announced the judge's nomination. The group's vice president of communications Mallory Quigley said, "We’re organizing over 50 other national and state pro-life groups for the purposes of mobilizing their grassroots to contact senators in support of the nominee." The efforts include sending canvassers to Indiana, Iowa, Missouri, Montana, North Dakota, Florida, and West Virginia to target voters who want to see Roe v. Wade overturned.[87]

The group announced in early August it would hold 26 press conferences across Indiana, North Dakota, Missouri, Florida, Alabama, Montana, and West Virginia to recruit local pro-life figures to join national speakers in sending messages to red-state Democrats.

“Battleground state voters who elected President Trump by overwhelming margins trust him to nominate only originalist judges who will respect and uphold the Constitution, a key promise fulfilled in Judge Kavanaugh,” said Susan B. Anthony List president Marjorie Dannenfelser. “Vulnerable senators up for re-election this year have a choice: stand with the President and their constituents and vote to confirm Judge Kavanaugh, or cave to pressure from Chuck Schumer and the extreme abortion lobby.”[88]

Opposition to Kavanaugh

American Civil Liberties Union

The American Civil Liberties Union (ACLU) announced it would spend $1 million on ads opposing Kavanaugh on October 1, 2018. The ads, which compared Kavanaugh to Bill Clinton and Bill Cosby, aired beginning October 1 in Alaska, Colorado, Nebraska, and West Virginia.[89]

Demand Justice

The group Demand Justice, formed on June 28 and led by former Hillary Clinton campaign staffer Brian Fallon, planned to spend $5 million opposing Kavanaugh. Fallon tweeted: “The next SCOTUS pick should await the next election, but McConnell won't wait. The future of the Court for the next 40 years - and thus the fate of abortion rights, and the ACA - may be decided in the next 3 months.”[90]

Demand Justice began running TV and digital ads on July 5 and planned to invest in voter mobilization, according to Politico.[91]

The ad campaign targeted Maine and Alaska, homes to moderate Republican Senators Susan Collins and Lisa Murkowski, who faced pressure by those opposing Trump's potential nominees to vote against Kavanaugh. The ads focused on comments Trump made in October 2016, where he said he would appoint Supreme Court justices who would overturn Roe v. Wade.[91][92][93]

“Senator Susan Collins could be the deciding vote on Trump’s pick for justice. She claims to support a woman’s right to have an abortion, so why won’t she rule out voting for Trump’s anti-choice picks?” one ad says.[92]

"Call Your Senators: Stop Brett Kavanaugh" released July 12, 2018

NARAL Pro-Choice America

The group NARAL Pro-Choice America began an ad campaign to oppose Kavanaugh's confirmation on July 9, 2018. The ads ran in Texas, Alaska, Maine, Colorado, and Nevada. The Washington Examiner reported that the group focused on moderate Republican Sens. Lisa Murkowski (Alaska) and Susan Collins (Maine), who faced pressure by those opposing Trump's potential nominees to vote against Kavanaugh. The ads also targeted Sen. Dean Heller (R) in Nevada, the only Republican senator who faced re-election in 2018 in a state that Hillary Clinton won in the 2016 presidential race.[94][95]

The group partnered with the Human Rights Campaign in late July to conduct a phone bank opposing Kavanaugh's confirmation. They called constituents in multiple states urging them to contact their senators to ask them to vote no on the confirmation.[96]

"Doing the Right Thing Comes before Political Party" NARAL Pro-Choice America ad released August 31, 2018

Planned Parenthood Action Fund

The week of August 6, 2018, Planned Parenthood Action Fund organized voter education, letter writing, and phone banking initiatives to oppose Kavanaugh's confirmation, with a focus on senators in Maine, Alaska, and Nevada. The group also launched a six-figure ad buy campaign, including purchasing ads in Portland Press Herald and Bangor Daily News calling on Sen. Susan Collins (R-Maine) to oppose his confirmation.[97][98]

"Voice of a Lot of Women" released August 7, 2018

Protect Our Care

Protect Our Care, a group supporting the Affordable Care Act, released television and radio ads in Maine, Alaska, and Nevada opposing Kavanaugh's nomination. The ads stated that Kavanaugh's confirmation could lead to the loss of healthcare protections for individuals with pre-existing conditions. Politico reported Protect Our Care spent $200,000 on its campaign in August 2018.[99]

"Side Effects," released August 2, 2018

Whip the Vote

A group called Whip the Vote was launched on August 27, 2018, to pressure Democratic senators to oppose Kavanaugh's confirmation. The campaign was backed by satellite groups including MoveOn, NARAL Pro-Choice America, Color of Change, Progressive Change Campaign Committee, Daily Kos, CREDO, Democracy for America, and UltraViolet.[100]


Kavanaugh nomination role in 2018 elections

McConnell warns of delay in nomination vote

Politico reported on July 20 that Senate Majority Leader Mitch McConnell (R) told senior Republicans he was prepared to delay the confirmation vote for Kavanaugh until just before the midterm elections if Democrats continued to push for the release of records on Kavanaugh. The vote delay would serve two purposes, according to Politico: it would keep "vulnerable red-state Democrats off the campaign trail while potentially forcing anti-Kavanaugh liberals to swallow a demoralizing defeat just ahead of the midterms."[101]

Sen. Dianne Feinstein (D) said Democrats wanted the documents to properly vet Kavanaugh. "Kavanaugh has an extensive record. We expect at least 1 million pages of documents from his tenure in the White House and as a political operative," Feinstein said.[102]

Ads highlighting SCOTUS vacancy appear in general and primary election battlegrounds

Sens. Claire McCaskill (Mo.) and Bill Nelson (Fla.), two Democratic incumbents in states that backed Donald Trump in 2016, faced pressure on their future confirmation vote of Brett Kavanaugh for the U.S. Supreme Court.

“The eyes of a nation are on our Missouri. We decide which values control the Senate and the Supreme Court,” Missouri Attorney General Josh Hawley (R) said in a $500,000 ad campaign released July 9, 2018. “Claire McCaskill wants liberals in charge. That's how she votes. That's not Missouri's way.”[103]

McCaskill responded to Hawley's criticisms that she'd rather discuss other topics. "This is obviously some place he feels comfortable, talking about everything that is the Supreme Court. [But] [l]ook at the decisions that have to be made week in and week out [in the Senate], this is a very small percentage of the workload. There is a whole lot of other stuff that Missourians have no idea where he stands. None."[104]

In Florida, the Rick Scott campaign released an ad in early July stating that Nelson did not oppose any judicial nominations by Democratic presidents. The clip’s narrator concluded, “Nelson obeyed party bosses every time. Now Nelson opposes this president’s choice before the choice has been made. You can’t get more party line than that.”[105]

Nelson indicated his stance on Kavanaugh in a July 16 fundraiser email: "If you want to stop McConnell's plans to put another right-wing extremist on the Supreme Court, gut affordable health care and dismantle Medicare," he wrote, "you need to give right now to make sure Democrats take back the Senate by winning in Florida."[106]

Both McCaskill and Nelson voted against Trump’s first Supreme Court nominee, Neil Gorsuch.

Appointed Sen. Cindy Hyde-Smith (R) ran to keep her seat in a special election in November and she released an ad implying her chief rival, state Sen. Chris McDaniel (R), would not be a safe vote for Kavanaugh.[107] The clip highlights footage of McDaniel saying that Trump is not a constitutional conservative.

Republican National Committee targets ten key states during midterms

The Republican National Committee (RNC) began a program focusing on the confirmation of Kavanaugh in ten key states during the 2018 midterm elections. The effort would be "an extensive field program, digital ads and op-eds," according to CNN, and would target Democratic senators up for re-election in states won by Donald Trump in 2016. The RNC allocated $250 million toward the midterm elections.[108]

"We have the largest field program we've ever had, and we're using it to take Judge Kavanaugh's confirmation fight directly to voters," said RNC Chairwoman Ronna McDaniel. "If Senate Democrats want to obstruct this immensely qualified judge to appeal to their base, we'll make sure their constituents hold them accountable this November."[108]

The states the RNC targeted were Missouri, Montana, North Dakota, Indiana, Ohio, Florida, West Virginia, Wisconsin, Pennsylvania, and Michigan.

All four of the incumbent Democratic senators who lost their re-election bids in 2018 opposed Kavanaugh's nomination. They were Sens. Joe Donnelly (D-Ind.), Heidi Heitkamp (D-N.D.), Claire McCaskill (D-Mo.), and Bill Nelson (D-Fla.).

Reactions

Ballotpedia curated the following reactions to the nomination of Brett Kavanaugh to succeed Anthony Kennedy on the U.S. Supreme Court.

U.S. Senators

  • Senate Majority Leader Mitch McConnell (R): "President Trump has made a superb choice. Judge Brett Kavanaugh is an impressive nominee who is extremely well qualified to serve as an Associate Justice of the Supreme Court of the United States."[109]
  • Senate Minority Leader Chuck Schumer (D): "Judge Kavanaugh got the nomination because he passed this litmus test, not because he’ll be an impartial judge on behalf of all Americans. If he were to be confirmed, women’s reproductive rights would be in the hands of five men on the Supreme Court."[110]
  • Sen. Susan Collins (R): "It will be very difficult for anyone to argue that he’s [Kavanaugh] not qualified for the job. He clearly is qualified for the job. But there are other issues involving judicial temperament and his political, or rather, his judicial philosophy that also will play into my decision."[16]
  • Sen. Lisa Murkowski (R): (Referring to Kavanaugh) "Let’s put it this way: There were some who have been on the list that I would have had a very, very difficult time supporting, just based on what was already publicly known about them. We’re not dealing with that."[16]
  • Sen. Joe Donnelly (D): "As I have said, part of my job as Senator includes thoroughly considering judicial nominations, including to the Supreme Court. I will take the same approach as I have previously for a Supreme Court vacancy. Following the president’s announcement, I will carefully review and consider the record and qualifications of Judge Brett Kavanaugh."[111]
  • Sen. Joe Manchin (D): "As the Senator from West Virginia, I have a constitutional obligation to advise and consent on a nominee to fill Supreme Court vacancies and I take that responsibility seriously. Just as I did when Merrick Garland and Neil Gorsuch were nominated, I will evaluate Judge Kavanaugh’s record, legal qualifications, judicial philosophy and particularly, his views on healthcare. The Supreme Court will ultimately decide if nearly 800,000 West Virginians with pre-existing conditions will lose their healthcare. This decision will directly impact almost 40% of my state, so I’m very interested in his position on protecting West Virginians with pre-existing conditions. As I have always said, I believe the Senate should hold committee hearings; Senators should meet with him, we should debate his qualifications on the Senate floor and cast whatever vote we believe he deserves. I look forward to meeting with Judge Kavanaugh, examining his rulings and making a determination of whether to provide my consent."[112]
  • Sen. Jon Tester (D): "I take my Constitutional duty to screen the President’s nominees very seriously, and in the coming weeks I look forward to meeting with Judge Kavanaugh. Montanans have a lot on the line with this next Supreme Court Justice so I urge my colleagues on both sides of the aisle to put politics aside and do what’s best for this nation."[113]
  • Sen. Rand Paul (R) discussed Judge Kavanaugh on an appearance on Fox & Friends: "I am worried though, and perhaps disappointed, that I think Kavanaugh will cancel out Gorsuch’s vote on the Fourth Amendment [because of his decision in Larry Klayman et al. v. National Security Agency et al.]" "I’m concerned about Kavanaugh. We’re going to have, hopefully, an open and long and far-ranging conversation about this."[114]
  • Sen. Kamala Harris (D): "Whether or not the Supreme Court enforces the spirit of the words "Equal Justice Under Law," is determined by the individuals who sit on that Court. Brett Kavanaugh represents a fundamental threat to that promise of equality. I will oppose his nomination to the Supreme Court."[115]
  • Sen. Elizabeth Warren (D): "Brett Kavanaugh's record as a judge and lawyer is clear: hostile to health care for millions, opposed to the CFPB & corporate accountability, thinks Presidents like Trump are above the law – and conservatives are confident that he would overturn Roe v. Wade. I'll be voting no."[116]
  • Sen. John Thune (R): Said Kavanaugh "has exactly what it takes to defend the Constitution and call balls and strikes from the bench."[117]
  • Sen. John Hoeven (R): Said Kavanaugh had a "strong record of upholding the law rather than legislating from the bench."[118]

Media and editorials

  • Mark Joseph Stern writing for Slate: "Kavanaugh is an obvious choice for Trump. A judge on the U.S. Court of Appeals for the District of Columbia Circuit, he has maintained staunchly conservative credentials without earning a reputation for being a bomb-thrower. Unless Republican Sen. Susan Collins grows a spine, which she won’t, he has a clear path to Senate confirmation. During his hearings, Kavanaugh will claim he cannot reveal his true feelings about Roe v. Wade, the 1973 Supreme Court decision establishing a constitutional right to abortion access. But there is little doubt that Kavanaugh will gut Roe at the first opportunity. Indeed, he has already provided a road map that shows precisely how he’ll do it."[119]
  • Ryan Grim writing for The Intercept: "With the announcement Monday night that Trump has selected Brett Kavanaugh as his next justice, the question of how unified Schumer can keep his caucus will determine whether the votes of Republican senators who have shown some semblance of independence, such as Lisa Murkowski, Susan Collins, Cory Gardner, or Dean Heller, will come into play...For Democrats to put up a united opposition, Schumer would have to corral Sens. Joe Donnelly of Indiana, Joe Manchin of West Virginia, Jon Tester of Montana, Heidi Heitkamp of North Dakota, and Claire McCaskill of Missouri, all of whom face re-election in November in states won by Trump and are accustomed to having free reign. Heitkamp, Donnelly, and Manchin all voted to confirm Gorsuch."[120]
  • National Review editorial board: "Judge Brett Kavanaugh, President Donald Trump’s new nominee for the Supreme Court, is a whip-smart legal conservative. As a judge in the highest-profile appeals court in the nation, he has shown an exemplary dedication to the rule of law. He has defended the separation of powers against threats coming from multiple directions. He has repeatedly cautioned his colleagues on the bench not to attempt to play a legislative role. He has also insisted on enforcing constitutional structures of accountability on government agencies. He has vindicated the right to free speech (against certain campaign-finance regulations), to bear arms (against the D.C. government’s attempts to implement sweeping bans), and to religious liberty (against a version of the Obama administration’s “contraceptive mandate”). And he has followed Supreme Court precedents even when gently suggesting they should be rethought."[121]
  • Washington Post editorial board: "Most importantly, senators must extract an ironclad commitment that Mr. Kavanaugh will act as a check on the president. That’s a role he has not seemed comfortable playing in cases involving enemy combatants, or in a law review article suggesting that the president should not be subject to civil or criminal court proceedings while in office. There is always a danger that justices will be seen as loyal to the presidents and parties that installed them; that danger is particularly pronounced now, as Mr. Trump ignores traditional boundaries on presidential action and the Republican Party mostly enables his autocratic instincts. Just as Democrats should not have ruled out Mr. Trump’s pick before it was announced, Republicans should not duck their responsibility to bring a critical eye to the coming confirmation process."[122]

Governors

  • The Washington Examiner reported that 30 of the 33 Republican governors in the U.S. sent a letter to Senate Majority Leader Mitch McConnell (R) and Senate Minority Leader Chuck Schumer (D) conveying their support for Kavanaugh's confirmation. The three governors who did not sign the letter were Massachusetts’ Charlie Baker, Maryland’s Larry Hogan, and Vermont’s Phil Scott.[123] Fourteen Republican governors ran for re-election in 2018.
  • Democratic challengers criticized New Hampshire Gov. Chris Sununu (R) for joining most Republican governors in signing the letter. Molly Kelly said, "Kavanaugh’s nomination poses the most serious threat in a generation to Roe v. Wade. By supporting his nomination, Sununu is betraying women and working families across New Hampshire whose best interests should come first." Sununu said of the nomination: "I am pro-choice. I support Roe v. Wade. As a governor, I don’t judge any single judge on a single-issue litmus test. It’s about the Constitution, it’s about whether a judge will uphold the Constitution on a variety of different issues, and I have confidence the Senate will look at the broad base of his work and qualifications and confirm him accordingly."[124]

Announcement

Full Speech: Trump Announces Supreme Court Nomination released July 9, 2018

Process to fill the seat

See also: Process to fill the vacated seat of Justice Anthony Kennedy

Although the rules for appointing and confirming a U.S. Supreme Court justice are set out in the U.S. Constitution, the process for choosing nominees is not codified in law. Past presidents have received lists of recommendations from the White House counsel, the attorney general and lawyers in the Justice Department's Office of Legal Counsel. Justices have often been friends or acquaintances who shared ideological views with the president.[125]

The nominating process is also influenced by individuals and organizations outside of the administration. The American Bar Association (ABA), through its 15-member Committee on Federal Judiciary, rates nominees as "well qualified," "qualified" or "not qualified." Others also lobby the president to choose nominees sympathetic to their views or to oppose those with whom they differ.[126]

Presidents have occasionally had what is often called a litmus test or key position that a prospective justice must hold to be considered for nomination. Such a test is typically on an important social issue. But a nominee's views do not always conform to their future opinions. Some justices have ruled in ways that surprised the presidents who nominated them. Notable examples are Justice Tom C. Clark (nominated by President Harry S. Truman), Chief Justice Earl Warren (nominated by President Dwight D. Eisenhower) and Justice David Souter (nominated by President George H. W. Bush).[127]

Supreme Court confirmation

1.) The usual nomination process starts with the president choosing a nominee. It is not uncommon for the president to consult Senate leadership and the leaders of the Senate Judiciary Committee before deciding on a nominee.[128][129]

2.) The Senate Judiciary Committee then considers the nominee. The committee conducts a rigorous investigation into the nominee’s background, gleaning a sense of his or her judicial philosophy and temperament, which helps inform whether the senators will support the nominee. During this part of the process, the American Bar Association's Standing Committee on Federal Judiciary reviews the nominee. The nominee also visits with senators in their offices in order to help win support for nomination. The most public aspect of the process is when the nominee testifies before the Judiciary Committee and takes questions. The hearing, which is kept open at the discretion of the chairman, can last more than a day, as members, particularly opponents, verbally spar with the nominee. Having the nominee appear before the committee became a part of the process beginning with the nomination of John M. Harlan in 1955. The first televised Supreme Court nomination hearing took place in 1981 for Sandra Day O’Connor.[128][129]

3.) Typically, a week after the hearing is adjourned, the Senate Judiciary Committee holds a vote on the nominee. The committee’s practice has been to send the nomination, whether or not the nominee wins a majority, to the full Senate to allow the chamber to decide whether he or she should be confirmed.[128][129]

4.) The debate in the Senate is scheduled by the Senate majority leader in consultation with the minority leader. On April 6, 2017, during the process of confirming Justice Neil Gorsuch to the Supreme Court, the Senate lowered the threshold to close debate on Supreme Court nominations to a simple majority from 60 votes. According to the Congressional Research Service, "The practical effect of the Senate action on April 6 was to reduce the level of Senate support necessary to confirm a Supreme Court nominee."[128][130]

5.) The president also may choose to make a recess appointment, which would avoid the need for Senate confirmation. But the justice's term would end with the end of the next session of Congress, rather than the lifetime appointments provided by Senate confirmation. There have been 12 recess appointments made to the Supreme Court, most in the 19th century, according to the Congressional Research Service. The most recent was made by President Dwight D. Eisenhower, who gave Justice Potter Stewart a recess appointment on October 14, 1958, to a seat vacated by Justice Harold Burton. Justice Stewart was nominated by Eisenhower to the same seat on January 17, 1959, and was confirmed by the U.S. Senate on May 5, 1959.[128][129][131]

Historic context

Vacancies: departure date to swearing-in of successor

The average vacancy length on the Supreme Court since 1962—when defined as the length of time elapsed between a Justice’s departure date and the swearing-in of their successor—is 89 days. Four of these vacancies lasted for only a few hours each; the successor was sworn in the same day the retiring Justice officially left office. The longest vacancy under this definition was 422 days, following the death of Justice Antonin Scalia.

The second longest vacancy in that time was 391 days after Justice Abe Fortas retired on May 14, 1969, in the wake of a series of ethics scandals.[132] First-term president Richard Nixon (R) nominated two different successors for Fortas—Clement Haynsworth, a Fourth Circuit Appeals Judge, and Harold Carswell, a Fifth Circuit Appeals Judge. The Senate rejected both. Nixon’s third nominee, Eighth Circuit Appeals Judge Harry Blackmun, was confirmed on May 12, 1970, and sworn in on June 9, 1970—391 days, after Fortas’ retirement.[133]

The third longest vacancy in this time frame was between the terms of Lewis Franklin Powell and Anthony Kennedy. Powell retired on June 26, 1987. The Senate confirmed Kennedy on February 3, 1988. He was sworn in on February 18, 1988, making for a 237 day vacancy from Powell's retirement to Kennedy's swearing-in. Like Blackmun, Kennedy’s confirmation by the Senate followed two rejections. President Ronald Reagan (R) nominated him on November 30, 1987.[134]

Vacancies: departure date to confirmation of successor

When vacancy is defined as the length of time between a Justice’s departure date and the confirmation date of their successor, the average is 80 days. The vacancies between Scalia and Gorsuch and Fortas and Blackmun are still the longest, at 419 and 363 days, respectively. The third longest is between Lewis Powell and Anthony Kennedy, at 222 days.

Vacancies: announcement of retirement to confirmation of successor

When vacancy is defined as the length of time between the date at which a Justice announced his or her retirement and the confirmation date of their successor, the average length is 138 days. The longest vacancy is, again, between the terms of Scalia and Gorsuch at 419 days, followed by Fortas and Blackmun at 363 days. But the third longest, under this definition, is between the terms of Earl Warren and Warren Burger, at 361 days. Warren announced his retirement on June 13, 1968, almost a year before he officially left the bench on June 23, 1969.

In cases where a Justice died and no retirement announcement took place, we used their departure date. On several occasions, Justices officially retired on the same day as their announcement.

Vacancies prior to 1962

Prior to the 1960’s, there were two much longer vacancies on the Court. A seat sat vacant for almost two-and-a-half years during the presidencies of John Tyler and James K. Polk in the mid-19th century. Justice Henry Baldwin died in office on April 21, 1844. His eventual successor, Robert Grier, was confirmed by the Senate and sworn into office on the same day, August 10, 1846. In the interim, the Senate rejected four nominees. Another lengthy vacancy took place following the death of Justice Peter Daniel on May 31, 1860. Daniel’s seat was left unoccupied until President Abraham Lincoln’s (R) nominee, Samuel Miller, was confirmed and sworn in on July 21, 1862.[135]

Noteworthy events

Hearing and investigation regarding sexual assault allegations made during confirmation process (2018)

On September 14, 2018, The New Yorker reported that U.S. Sen. Dianne Feinstein (D), the ranking Democrat on the U.S. Senate Judiciary Committee, had received a letter in July outlining an allegation of sexual assault against Kavanaugh from when he was a high school student in Bethesda, Maryland.[136] Kavanaugh said in a statement, "I categorically and unequivocally deny this allegation. I did not do this back in high school or at any time."[136] On September 16, California clinical psychology professor Christine Blasey Ford identified herself as the author of the letter.[137]

Ford and Kavanaugh were called to testify before the U.S. Senate Judiciary Committee on September 27, 2018.[138] Ford appeared before the committee and answered questions regarding her allegations and read from prepared testimony:[139]

“ I am here because I believe it is my civic duty to tell you what happened to me while Brett Kavanaugh and I were in high school. ... I was pushed onto the bed and Brett got on top of me. ... I believed he was going to rape me. I tried to yell for help. When I did, Brett put his hand over my mouth to stop me from screaming. This was what terrified me the most, and has had the most lasting impact on my life. It was hard for me to breathe, and I thought that Brett was accidentally going to kill me.[55] ”
—Written Testimony of Christine Blasey Ford, September 27, 2018

Kavanaugh also appeared during the hearing and denied the allegations during his testimony, stating:[140]

“ The record of my life, from my days in grade school through the present day, shows that I have always promoted the equality and dignity of women. I categorically and unequivocally deny the allegation against me by Dr. Ford. I never had any sexual or physical encounter of any kind with Dr. Ford. I am not questioning that Dr. Ford may have been sexually assaulted by some person in some place at some time. But I have never done that to her or to anyone. I am innocent of this charge.[55] ”
—Written Testimony of Brett Kavanaugh, September 27, 2018

On September 23, 2018, The New Yorker reported that Senate Democrats were investigating a second allegation of sexual assault brought by Deborah Ramirez from when she and Kavanaugh were undergraduate students at Yale University.[141] Ramirez told The New Yorker that Kavanaugh stuck his penis in her face during a drinking game. Kavanaugh denied the allegations in a statement, saying "The people who knew me then know that this did not happen, and have said so. This is a smear, plain and simple."[142] The New Yorker interviewed other students at the party but none corroborated Ramirez's account, though one student not in attendance did tell the magazine that he remembered hearing about the incident.[143]

On September 26, 2018, a third women, Julie Swetnick, produced a sworn statement that alleged Kavanaugh while in high school would "drink excessively and engage in highly inappropriate conduct, including being overly aggressive with girls and not taking 'No' for an answer. This conduct included the fondling and grabbing of girls without their consent."[144] Kavanaugh denied the allegations, saying "This is ridiculous and from the Twilight Zone. I don’t know who this is, and this never happened."[145] In an interview with NBC News, Swetnick provided the names of several individuals she said were also in attendance but none could corroborate her claims.[146] Citing inconsistencies between her original sworn statement and her interview with NBC News, Grassley's office announced Swetnick and her attorney, Michael Avenatti, were being referred to the U.S. Department of Justice for criminal investigation.[147]

The Federal Bureau of Investigation (FBI) conducted a supplemental background investigation into the allegations brought by Ford and Ramirez.[148] On October 5, 2018, the office of U.S. Sen. Chuck Grassley (R), chair of the Senate Judiciary Committee, said the investigation "confirms what the Senate Judiciary Committee concluded after its investigation: there is no corroboration of the allegations made by Dr. Ford or Ms. Ramirez."[149] Ford's attorneys said in a post on Twitter that the FBI did not interview Ford or witnesses she said could corroborate her account and that "those directing the FBI investigation were not interested in seeking the truth."[150]

See also

Footnotes

  1. ↑ The Hill, "Judiciary panel approves Kavanaugh, sending nomination to full Senate," September 28, 2018
  2. ↑ New York Times, "Brett Kavanaugh’s Accuser Reaches Deal to Testify," September 23, 2018
  3. ↑ Senate Judiciary Committee, "Senate Judiciary Committee Receives Supplemental Background Investigation File on Kavanaugh Nomination," October 4, 2018
  4. ↑ CBS News, "McConnell sets key cloture vote on Kavanaugh confirmation for Friday," Updated October 4, 2018
  5. ↑ United States Senate Committee on the Judiciary, "Statement from the Senate Judiciary Committee," September 28, 2018
  6. ↑ Politico, "The fate of the Supreme Court could ride on these 2 senators," June 28, 2018
  7. ↑ Huffington Post, "GOP Sen. Susan Collins Says Anti-Roe Supreme Court Nominee Is ‘Not Acceptable’," July 1, 2018
  8. ↑ CBS News, "Lisa Murkowski, sole GOP senator opposed to Kavanaugh, says she will be "no today and a no tomorrow" -- live updates," October 5, 2018
  9. ↑ Huffington Post, "Jeff Flake, Bob Corker Don’t Want Brett Kavanaugh Vote Delayed," September 19, 2018
  10. ↑ Twitter, "Susan Collins on Twitter," September 17, 2018
  11. ↑ Heavy, "Susan Collins Won’t ‘Make a Judgment’ Yet on Kavanaugh," September 16, 2018
  12. ↑ The Daily Beast, "Group Raises Nearly $1M for Susan Collins’ Nonexistent Opponent if She Votes to Confirm Brett Kavanaugh," September 10, 2018
  13. ↑ Washington Post, "Sen. Susan Collins said Kavanaugh sees Roe v. Wade as ‘settled law’," August 21, 2018
  14. ↑ The Hill, "Dems struggle on Kavanaugh," July 25, 2018
  15. ↑ WABI5, "Senator Susan Collins weighs in on President's Supreme Court Justice nominee decision," July 20, 2018
  16. ↑ 16.0 16.1 16.2 16.3 Politico, "Collins, Murkowski signal comfort with Kavanaugh," July 10, 2018
  17. ↑ ABC News, "'This Week' Transcript 7-1-18: Sen. Susan Collins and Sen. Amy Klobuchar," July 1, 2018
  18. ↑ IndyStar, "Brett Kavanaugh Senate confirmation: Joe Donnelly is a 'no' vote," September 28, 2018
  19. ↑ Twitter, "Senator Joe Donnelly," accessed September 28, 2018
  20. ↑ The Hill, "Kavanaugh has 'productive' meeting with key swing votes," August 15, 2018
  21. ↑ Washington Examiner, "Indiana Democrat Joe Donnelly breaks with liberals on ICE, noncommittal on Kavanaugh," August 7, 2018
  22. ↑ Joe Donnelly official website, "Donnelly Statement on Supreme Court Nominee Brett Kavanaugh," July 9, 2018
  23. ↑ CNN, "Flake to vote yes on Kavanaugh 'unless something big changed'," October 5, 2018
  24. ↑ Miami Herald, "Jeff Flake calls for delay of full Kavanaugh vote and FBI investigation of allegations," September 28, 2018
  25. ↑ Arizona Republic, "Jeff Flake says he will vote for Brett Kavanaugh's confirmation for Supreme Court," September 28, 2018
  26. ↑ Twitter, "Jeff Flake on Twitter," September 18, 2018
  27. ↑ The Washington Post, "GOP senator: Hold off on Kavanaugh vote until accuser is heard," September 16, 2018
  28. ↑ CNBC, "Red-state Democratic Sen. Heidi Heitkamp says she will vote no on Kavanaugh," October 4, 2018
  29. ↑ Detroit News, "Heitkamp suggested concerns with Kavanaugh confirmation," September 28, 2018
  30. ↑ The Flag, "HEITKAMP STATEMENT FOLLOWING MEETING WITH U.S. SUPREME COURT NOMINEE JUDGE BRETT KAVANAUGH," August 16, 2018
  31. ↑ Bismarck Tribune, "Students for Life of America to call on Heitkamp to confirm Kavanaugh," August 9, 2018
  32. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named meeting
  33. ↑ Twitter, "Heidi Heitkamp on Twitter," July 9, 2018
  34. ↑ The Hill, "Jones to vote against Kavanaugh," September 27, 2018
  35. ↑ AL.com, "Doug Jones: 'Push a pause button' on Kavanaugh nomination," August 22, 2018
  36. ↑ Vox, "Sen. Joe Manchin announces he’ll vote for Brett Kavanaugh," October 5, 2018
  37. ↑ Roll Call, "Brett Kavanaugh Meets With Joe Manchin, First Democrat to Sit Down With Him," July 31, 2018
  38. ↑ The Hill, "Dems struggle on Kavanaugh," July 25, 2018
  39. ↑ CNN, "How one key swing vote is positioning himself on Brett Kavanaugh," July 16, 2018
  40. ↑ Joe Manchin, United States Senator for West Virginia, "Manchin Statement on President's Supreme Court Nominee," July 9, 2018
  41. ↑ The Washington Post, "‘Everyone is focused on Lisa and Susan’: The two most powerful senators in the fight to replace Kennedy," June 28, 2018
  42. ↑ Chicago Tribune, "Senate friends Susan Collins and Lisa Murkowski, diverge on Kavanaugh vote," October 5, 2018
  43. ↑ ABC News, "Kavanaugh, accuser set to testify at public hearing Monday," September 17, 2018
  44. ↑ CNN, "Republican senators weigh in on delaying Kavanaugh vote," Updated September 17, 2018
  45. ↑ Washington Post, "Murkowski calls first meeting with Kavanaugh ‘important step’," August 23, 2018
  46. ↑ C-SPAN, "Interview with Senator Lisa Murkowski," July 19, 2018
  47. ↑ 47.0 47.1 Politico, "Wavering Rand sets off Supreme Court spectacle," July 23, 2018
  48. ↑ Fox News.com, "Sen. Rand Paul shares his concerns about Judge Kavanaugh," July 15, 2018
  49. ↑ Twitter, "Rand Paul on Twitter," July 9, 2018
  50. ↑ Politico, "Schumer after meeting with Kavanaugh: Roe v. Wade is in jeopardy," August 21, 2018
  51. ↑ Quinnipiac University, "October 1, 2018 - More U.S. Voters Say Don't Confirm Kavanaugh, Quinnipiac University National Poll Finds; More Voters Believe Ford Than Kavanaugh," October 1, 2018
  52. ↑ Fox News, "Fox News Poll: 9/23," September 23, 2018
  53. ↑ Ipsos, "Plurality of Americans oppose confirming Brett Kavanaugh as next Supreme Court justice," September 20, 2018
  54. ↑ SSRS, "CNN," September 11, 2018
  55. ↑ 55.0 55.1 55.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  56. ↑ Axios, "Poll: Kavanaugh isn't a key issue for undecided voters in red states," September 11, 2018
  57. ↑ The Hill, "Hill.TV poll: 48 percent of voters say Kavanaugh vote should move forward despite Manafort, Cohen news," August 28, 2018
  58. ↑ The Associated Press-NORC Center for Public Affairs Research, "Trump’s Trade Tariffs and Supreme Court Nominee," accessed August 29, 2018
  59. ↑ Document Cloud, "Political Peril Facing Red State Democrats On SCOTUS Obstruction," August 27, 2018
  60. ↑ Fox News, "Fox News Poll 8/23/18," August 23, 2018
  61. ↑ Public Policy Polling, "Maine Voters Want Senator Collins to Reject Kavanaugh's Supreme Court Nomination," August 21, 2018
  62. ↑ North Star Opinion Research, "Highlights of Three State Surveys Regarding the U.S. Supreme Court," August 21, 2018
  63. ↑ The Trafalgar Group, "Survey Report," accessed August 22, 2018
  64. ↑ CNN, "SSRS, "August 16, 2018
  65. ↑ Quinnipiac University, "August 15, 2018 - Trump Hurts GOP as Dems Hold 9-Pt Lead in House Races, Quinnipiac University National Poll Finds; U.S. Must Do More on Climate Change, Voters Say 2-1," August 15, 2018
  66. ↑ Cision PR Newswire, "LIU Hornstein Center Poll Shows Americans Split on Kavanaugh; Plurality Support for Confirmation, Waiting Until After Elections," July 26, 2018
  67. ↑ Quinippiac University, "July 25, 2018 - Women Drive Dems To 12-Pt. Lead In U.S. House Races, Quinnipiac University National Poll Finds; Voters Split On Confirming Kavanaugh," July 25, 2018
  68. ↑ North Star Opinion Research, "Highlights of Four State Surveys Regarding the U.S. Supreme Court," July 19, 2018
  69. ↑ Gallup, "Initial Views on Kavanaugh Confirmation Divided," July 17, 2018
  70. ↑ Huffington Post, "HuffPost: Supreme Court nomination," accessed July 18, 2018
  71. ↑ Fox News, "Fox News Poll 7/12," July 12, 2018
  72. ↑ Not all questions included in the poll were released by Fox News.
  73. ↑ Politico, "Liberals crushed in SCOTUS spending war," August 20, 2018
  74. ↑ Politico, "CUBS support KAVANAUGH — HILLARY stumps for PRITZKER — RAHM’s popularity — FOXX’s teary encounter," October 1, 2018
  75. ↑ Politico, "Topline takeaways from Q2 fundraising," July 17, 2018
  76. ↑ Axios, "Heritage Action to spend bulk of $11.5 million budget on confirming Kavanaugh," July 16, 2018
  77. ↑ Politico, "Ads push Manchin and Heitkamp to vote for Kavanaugh," October 2, 2018
  78. ↑ Axios, "Inside the Kavanaugh campaign," July 22, 2018
  79. ↑ Axios, "Inside the 7-figure campaign for Brett Kavanaugh," July 23, 2018
  80. ↑ Bloomberg, "Kavanaugh Vote Could Slip to Weeks Before Congressional Election," August 2, 2018
  81. ↑ Politico, "Conservative group drops another $1.4 million to confirm Kavanaugh," July 16, 2018
  82. ↑ Roll Call, "Outside Groups Ready for Supreme Court Fight," July 9, 2018
  83. ↑ Politico, "Progressive advocates to rally against Kavanaugh," August 7, 2018
  84. ↑ USA Today, "NRA ad campaign urges Supreme Court nominee Brett Kavanaugh's confirmation," August 7, 2018
  85. ↑ Bloomberg, "NRA Says It'll Spend at Least $1 Million on Pro-Kavanaugh Ads," August 7, 2018
  86. ↑ Axios, "Inside the GOP's fight to make Kavanaugh a 2018 midterms issue," August 31, 2018
  87. ↑ The Daily Beast, "Anti-Abortion Groups Begin Shock-and-Awe Campaign to Get Brett Kavanaugh on Supreme Court," August 2, 2018
  88. ↑ National Review, "Susan B. Anthony List Lobbying Red-State Dems to Vote for Kavanaugh," August 3, 2018
  89. ↑ Washington Post, "ACLU is spending more than $1 million in TV ads comparing Kavanaugh to Bill Clinton, Cosby," October 2, 2018
  90. ↑ Fox News, "Clinton-tied group launches Supreme Court pressure campaign against GOP senators," July 5, 2018
  91. ↑ 91.0 91.1 Politico, "Liberal group launches $5 million push against Trump’s SCOTUS pick" July 2, 2018
  92. ↑ 92.0 92.1 Washington Examiner, "Liberal group pressures Collins, Murkowski to defend abortion, reject Trump's Supreme Court pick," July 5, 2018
  93. ↑ CNBC, "Trump: I'll appoint Supreme Court justices to overturn Roe v. Wade abortion case," October 29, 2016
  94. ↑ Washington Examiner, "NARAL launches ad blitz to fight Supreme Court pick," July 10, 2018
  95. ↑ CNN, "Tarkanian to oppose Heller in Nevada GOP Senate primary," August 8, 2017
  96. ↑ Human Rights Campaign, "HRC Phone Banks with NARAL to Stop Brett Kavanaugh," August 1, 2018
  97. ↑ The Hill, "Advocacy groups plan offensive against Trump's Supreme Court pick," August 6, 2018
  98. ↑ Washington Examiner, "Planned Parenthood, progressive groups unveil new campaign to fight Kavanaugh pick," August 8, 2018
  99. ↑ Politico, "Progressive advocates to rally against Kavanaugh," August 7, 2018
  100. ↑ Whip the Vote, "Home," accessed August 29, 2018
  101. ↑ Politico, "McConnell issues Supreme Court ultimatum," July 20, 2018
  102. ↑ Washington Post, "Dianne Feinstein expects ‘at least 1 million pages of documents’ on Kavanaugh’s career in politics," July 18, 2018
  103. ↑ Youtube, "At The Court," accessed July 16, 2018
  104. ↑ Politico, "McCaskill braces for SCOTUS onslaught," July 6, 2018
  105. ↑ Youtube, "Toe the Line," accessed July 16, 2018
  106. ↑ Washington Examiner, "After promising to withhold judgment until after meeting Kavanaugh, Bill Nelson blasts Supreme Court nominee," July 16, 2018
  107. ↑ Youtube, "A Message from Cindy Hyde-Smith," accessed July 16, 2018
  108. ↑ 108.0 108.1 CNN, "GOP targets 10 key midterm states ahead of SCOTUS confirmation battle," July 11, 2018
  109. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named mcconnellquote
  110. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named schumerquote
  111. ↑ Joe Donnelly, United States Senator for Indiana, "Donnelly Statement on Supreme Court Nominee Brett Kavanaugh," July 9, 2018
  112. ↑ Joe Manchin, United States Senator for West Virginia, "Manchin Statement on President's Supreme Court Nominee," July 9, 2018
  113. ↑ U.S. Senator for Montana Jon Tester, "Tester Statement On The Nomination Of Judge Brett Kavanaugh To The U.S. Supreme Court," July 9, 2018
  114. ↑ Fox News.com, "Sen. Rand Paul shares his concerns about Judge Kavanaugh," July 15, 2018
  115. ↑ Twitter, "Kamala Harris on Twitter," July 9, 2018
  116. ↑ Twitter, "Elizabeth Warren on Twitter," July 9, 2018
  117. ↑ Midland Reporter-Telegram, "Thune says he'll vote to confirm Kavanaugh to Supreme Court," August 1, 2018
  118. ↑ Midland Reporter-Telegram, "Hoeven says he'll support Kavanaugh for the Supreme Court," August 1, 2018
  119. ↑ Slate, "How Brett Kavanaugh Will Gut Roe v. Wade," July 9, 2018
  120. ↑ The Intercept, "CHUCK SCHUMER WARNS SENATE DEMOCRATS: FIGHT BRETT KAVANAUGH OR PAY THE PRICE FROM THE BASE," July 9, 2018
  121. ↑ National Review, "A Worthy Pick," July 9, 2018
  122. ↑ Washington Post, "Brett Kavanaugh could drastically shift the court to the right. The Senate should take care.," July 9, 2018
  123. ↑ Associated Press, "Most GOP governors back Trump’s Supreme Court pick," July 26, 2018
  124. ↑ Concord Monitor, "Abortion rights and Kavanaugh nomination spill into N.H. governor’s race," July 29, 2018
  125. ↑ NBC News, "A guide to the Supreme Court nomination," accessed February 13, 2016
  126. ↑ CQ Press, "The Selection and Confirmation of Justices: Criteria and Process," accessed February 13, 2016
  127. ↑ New York Times, "Presidents, Picking Justices, Can Have Backfires," July 5, 2005
  128. ↑ 128.0 128.1 128.2 128.3 128.4 CRS Report for Congress, "Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate," July 6, 2005
  129. ↑ 129.0 129.1 129.2 129.3 CRS Report, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," March 9, 2015
  130. ↑ Congressional Research Service, "Senate Proceedings Establishing Majority Cloture for Supreme Court Nominations: In Brief," April 14, 2017
  131. ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed January 26, 2017
  132. ↑ New York Times, "He could never have enough," July 31, 1988
  133. ↑ Politico, "Republicans, Beware the Abe Fortas Precedent," February 15, 2016
  134. ↑ ScotusBlog.com, "Supreme Court vacancies in presidential election years," February 13, 2016
  135. ↑ C.Q. Press (2010). American Political Leaders: 1789 - 2009, Washington, DC: C.Q. Press
  136. ↑ 136.0 136.1 The New Yorker, "A Sexual-Misconduct Allegation Against the Supreme Court Nominee Brett Kavanaugh Stirs Tension Among Democrats in Congress," September 14, 2018
  137. ↑ Washington Post, "California professor, writer of confidential Brett Kavanaugh letter, speaks out about her allegation of sexual assault," September 16, 2018
  138. ↑ NPR, "Kavanaugh Denies Allegations Of Sexual Assault Before Senate Committee," September 27, 2018
  139. ↑ Senate Judiciary Committee, "Written Testimony of Dr. Christine Blasey Ford, United States Senate Judiciary Committee, September 26, 2018," September 26, 2018
  140. ↑ Senate Judiciary Committee, "Prepared Written Testimony of Judge Brett M. Kavanaugh Nomination Hearing to Serve as an Associate Justice of the Supreme Court September 27, 2018," September 27, 2018
  141. ↑ New Yorker, "Senate Democrats Investigate a New Allegation of Sexual Misconduct, from Brett Kavanaugh’s College Years," September 23, 2018
  142. ↑ White House, "What You Need to Know About the Allegations Made in The New Yorker Article on Judge Brett Kavanaugh," September 23, 2018
  143. ↑ Washington Post, "Breaking down the new Brett Kavanaugh sexual misconduct allegation," September 24, 2018
  144. ↑ Senate Judiciary Committee, "DECLARATION OF JULIE SWETNICK," accessed September 25, 2025
  145. ↑ USA Today, "Third woman makes sexual misconduct allegations about Supreme Court nominee Brett Kavanaugh," September 26, 2018
  146. ↑ NBC News, "Kavanaugh accuser Julie Swetnick speaks out on sexual abuse allegations," October 1, 2018
  147. ↑ Senate Judiciary Committee, "Swetnick, Avenatti Referred for Criminal Investigation," October 25, 2018
  148. ↑ The Guardian, "Kavanaugh accuser Julie Swetnick to be excluded from FBI investigation," September 30, 2018
  149. ↑ USA Today, "GOP releases summary of FBI report on Kavanaugh: 'No corroboration of the allegations'," October 5, 2018
  150. ↑ Washington Post, "In 2: 30 a.m. tweets, White House says FBI report supports Kavanaugh confirmation," October 4, 2018
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