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Timeline of events related to the Supreme Court vacancy, 2018

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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


Brett 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 Kavanaugh to succeed Associate Justice Anthony Kennedy on the U.S. Supreme Court on July 9, 2018.

On September 28, 2018, the Senate Judiciary Committee voted 11-10 along party lines to report Kavanaugh’s nomination to the Senate floor 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.

Trump said the following regarding Kavanaugh's nomination:

“ Judge Kavanaugh has impeccable credentials, unsurpassed qualifications, and a proven commitment to equal justice under the law. A graduate of Yale College and Yale Law school, Judge Kavanaugh currently teaches at Harvard, Yale, and Georgetown. Throughout legal circles, he is considered a judge’s judge, a true thought leader among his peers. He is a brilliant jurist with a clear and effective writing style, universally regarded as one of the finest and sharpest legal minds of our time. And just like justice Gorsuch, he excelled as a clerk for Justice Kennedy.[2][3] ”

When Kavanaugh was nominated, he was serving as a federal judge on the U.S. Court of Appeals on the D.C. Circuit. He was appointed by President George W. Bush (R). Prior to his appointment, Kavanaugh served in the Bush administration. He also clerked for Associate Justice Anthony Kennedy and worked for former independent counsel Ken Starr during the investigation of then-President Bill Clinton (D).

Senate Majority Leader Mitch McConnell (R) called Kavanaugh a superb choice who was "extremely well qualified to serve as an Associate Justice of the Supreme Court of the United States."[4]

Senate Minority Leader Chuck Schumer (D) said Kavanaugh received the nomination because "he passed this litmus test, not because he’ll be an impartial judge on behalf of all Americans."[5]

HIGHLIGHTS
  • President Donald Trump (R) nominated Judge Brett Kavanaugh to the U.S. Supreme Court on July 9, 2018.
  • Republicans held a 51-49 majority in the U.S. Senate the day of Trump’s announcement.
  • Confirmation hearings were held September 4 to 7, 2018.
  • Kavanaugh was confirmed by the Senate 50-48-1 on October 6, 2018.


    • Timeline

    The following timeline highlights major events related to the retirement of Anthony Kennedy from, and nomination of Brett Kavanaugh to, the U.S. Supreme Court.

    • October 4, 2018: The Senate Judiciary Committee received the results of the supplemental background investigation on Kavanaugh conducted by the FBI.[6]
    • October 3, 2018: Senate Majority Leader Mitch McConnell filed a motion for a cloture vote on Kavanaugh.[7]
    • 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.[8]
    • September 27, 2018: Kavanaugh and Blasey Ford testified before the Senate Judiciary Committee.
    • September 25, 2018: The Senate Judiciary Committee scheduled a vote on Kavanaugh's nomination for Friday, September 28.[9]
    • September 23, 2018: Blasey Ford's lawyers announced she would testify before the Senate Judiciary Committee on Thursday, September 27. Kavanaugh also agreed to testify on the same day.[10]
    • September 20, 2018: Blasey Ford's lawyers said she would not be open to testifying on September 24 and said the earliest she would be willing would be Thursday, September 27.[11][12]
    • September 17, 2018: Sen. Chuck Grassley (R-IA) invited Kavanaugh and Blasey Ford to testify at a hearing on September 24.[13]
    • September 16, 2018: The Washington Post published an article naming Christine Blasey Ford, a psychology professor in California, as the woman who said Kavanaugh had sexually assaulted her.[14] Kavanaugh denied that the incident happened, saying, "This is a completely false allegation. I have never done anything like what the accuser describes -- to her or to anyone. Because this never happened, I had no idea who was making this accusation until she identified herself yesterday. I am willing to talk to the Senate Judiciary Committee in any way the committee deems appropriate to refute this false allegation, from 36 years ago, and defend my integrity."[15] Prior to the allegations, a Senate Judiciary Committee vote was expected for September 20.
    Senate Judiciary Committee member Jeff Flake (R-AZ) said he did not want to move forward with the committee vote until learning more about the allegations.[15]
    Senate Judiciary Committee member Lindsey Graham (R-SC) said he would be willing to listen to Ford's testimony, but that he wanted to keep the original timeline. "If the committee is to hear from Ms. Ford it should be done immediately so the process can continue as scheduled," he said.[16]
    • September 12, 2018: Sen. Dianne Feinstein (D-CA) shared the contents of a letter she had received with other Democratic members of the Senate Judiciary Committee. The letter's author said that Brett Kavanaugh had sexually assaulted her in the early 1980s when the two were in high school.[17]
    • September 12, 2018: Kavanaugh submitted his answers to the follow-up questions requested of him by Democratic senators.[18] Read his answers here.
    • September 7, 2018: The fourth and final day of the confirmation hearings consisted of a panel of witnesses on both sides of the nomination speaking before the Senate Judiciary Committee.
    • September 6, 2018: The third day of Kavanaugh's confirmation hearings included 20 minute rounds of questions for each Senate Judiciary Committee member, with an additional 15 minutes per member if needed. A closed-door session was also held in the evening.
    • September 5, 2018: The second day of Kavanaugh’s confirmation hearings consisted of 12 hours of senators questioning the judge, with each senator allotted 30 minutes.
    • September 4, 2018: Senate confirmation hearings began. Members of the Senate Judiciary Committee gave opening statements and Kavanaugh spoke.
    • August 30, 2018: CNN reported that 13 witnesses would testify supporting Kavanaugh and 13 would speak against his nomination during his confirmation hearings. Among the opposition witnesses was John Dean, who was White House counsel during Richard Nixon's presidency. Former Solicitors General Paul Clement and Theodore Olson made up two of those testifying in support of Kavanaugh.[19]
    • August 28, 2018: CNN reported that Kavanaugh would be introduced by Sen. Rob Portman (R), former Secretary of State Condoleezza Rice, and attorney Lisa Blatt at his Senate confirmation hearings.[20]
    • August 24, 2018: The Democratic members of the Senate Judiciary Committee wrote a letter to Sen. Chuck Grassley (R) saying that "Given the possibility of criminal wrongdoing by the President, doubts that Judge Kavanaugh believes a president can even be investigated, and the unprecedented lack of transparency regarding this nominee’s record, we should not move forward with hearings on September 4th."[21]
    • August 23, 2018: 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.[22]
    • August 23, 2018: Brett Kavanaugh met with Sen. Lisa Murkowski (R). Murkowski said after the meeting, "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."[23]
    • August 22, 2018: Senate Democrats called for delaying Kavanaugh's confirmation hearings 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. Senate Minority Leader Chuck Schumer said, "In my view, the Senate Judiciary Committee should immediately pause the consideration of the Kavanaugh nomination." Sens. Dianne Feinstein and Kamala Harris echoed this view in their own statements. Other Democrats, such as Sens. Mazie Hirono and Ed Markey, followed by canceling meetings with Kavanaugh.[24][25][26] Senate Judiciary Chairman Chuck Grassley (R) spokesman George Hartmann said, "Justice Breyer's confirmation occurred when President Clinton's records had been subpoenaed by a grand jury. Obviously, we are nowhere close to that situation today. Calls to delay the hearing are just the latest tactic from opponents who decided to vote 'no' weeks ago and are frantically looking for anything that sticks. The hearing will begin as planned on September 4."[26]
    • August 21, 2018: A Public Policy Polling survey was released on August 21, 2018, showing that 49 percent of Maine voters did not think that Sen. Susan Collins (R), 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.[27]
    • August 20, 2018: 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.[28]
    • August 16, 2018: 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.[29]
    • August 15, 2018: Kavanaugh met with two more Democratic senators: Joe Donnelly and Heidi Heitkamp, bringing the total number of senators to hold meetings with the judge to 49.[30]
    • August 15, 2018: 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.[31]
    • August 10, 2018: Senate Judiciary Committee Chairman Charles Grassley (R-Iowa) announced that Judge Kavanaugh's confirmation hearing would begin on September 4, 2018, and would last three or four days.[33]
    • August 6, 2018: The National Archives released 1,063 pages from Kavanaugh's attorney work files from his time in the office of independent counsel Kenneth Starr in the 1990s.[34]
    • July 30, 2018: Sen. Joe Manchin (D) met with Kavanaugh, becoming the first Democratic senator to do so.
    • July 30, 2018: Sen. Rand Paul (R) announced he would support Kavanaugh's nomination. The senator said, "After meeting Judge Kavanaugh and reviewing his record, I have decided to support his nomination. No one will ever completely agree with a nominee (unless of course, you are the nominee). Each nominee however, must be judged on the totality of their views character and opinions." Paul had previously voiced concerns about Kavanaugh's views on the Fourth Amendment.[35]
    • July 26, 2018: The Associated Press 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.[36]
    • July 24, 2018: Sen. Chuck Grassley (R) said Kavanaugh's confirmation hearings would likely be held in early September.[37] Sen. Rand Paul (R) met with Kavanaugh, and Sen. Joe Donnelly (D) announced he would meet with Kavanaugh August 15.[38][39]
    • July 23, 2018: The Judicial Crisis Network began a new round of ads targeting Democrats in West Virginia, North Dakota, Indiana, and Alabama. This ad buy brought the network's total spending in support of Kavanaugh's confirmation to $5.3 million.[40]
    • July 20, 2018: Kavanaugh returned a completed questionnaire to the Senate Judiciary Committee.[41]
    • July 13, 2018: Senate Majority Leader Mitch McConnell said he expected Kavanaugh's confirmation hearings to begin in late August or early September. When asked at a news conference if he thought Kavanaugh would be confirmed, McConnell responded, "I think we will succeed, yes."[44]
    • July 11, 2018: Kavanaugh met with senators such as Orrin Hatch (R) and Lindsey Graham (R).[45] The entire Republican Conference also met to discuss Kavanaugh's nomination.[46]
    • July 5, 2018: The Associated Press reported that President Trump interviewed seven total potential nominees on July 5. Vice President Mike Pence also met with some contenders.[50]
    • July 2, 2018: President Trump began interviewing potential Supreme Court nominees. CBS News also reported that the two leading contenders to replace Justice Kennedy were Amy Coney Barrett and Brett Kavanaugh.[51]
    • June 29, 2018: President Trump said that he would announce his choice for a Supreme Court nominee.[52]
    • June 28, 2018: The group Demand Justice was launched, led by former Hillary Clinton campaign staffer Brian Fallon. Demand Justice plans to spend $5 million opposing President Trump's pick for a Supreme Court nominee.[53]
    • June 28, 2018: Trump met with a bipartisan group of six senators to discuss the Supreme Court vacancy. White House press secretary Sarah Sanders said, "The President’s team also talked with more than a dozen other Senators today as part of ongoing outreach to get views and advice from both sides of the aisle on this important nomination.”[54]
    • June 28, 2018: Politico reported that the White House hoped to have a nominee for the Supreme Court before Trump left for Europe on July 10.[55]
    • June 27, 2018: Justice Anthony Kennedy announced he was assuming senior status on the U.S. Supreme Court effective July 31, 2018. Senior status is a classification for federal judges at all levels who are semi-retired. In an official release, Kennedy said he wanted to spend more time with his family. His statement said, "It has been the greatest honor and privilege to serve our nation in the federal judiciary for 43 years, 30 of those years on the Supreme Court."[56]

    See also

    Footnotes

    1. ↑ The Hill, "Judiciary panel approves Kavanaugh, sending nomination to full Senate," September 28, 2018
    2. ↑ C-SPAN, "Judge Brett Kavanaugh Supreme Court Nomination Announcement," July 9, 2018
    3. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    4. ↑ CNN, "Trump nominates Brett Kavanaugh for Supreme Court," July 9, 2018
    5. ↑ Twitter, "Chuck Schumer on Twitter," July 9, 2018
    6. ↑ Senate Judiciary Committee, "Senate Judiciary Committee Receives Supplemental Background Investigation File on Kavanaugh Nomination," October 4, 2018
    7. ↑ CBS News, "McConnell sets key cloture vote on Kavanaugh confirmation for Friday," Updated October 4, 2018
    8. ↑ United States Senate Committee on the Judiciary, "Statement from the Senate Judiciary Committee," September 28, 2018
    9. ↑ CNN, "Senate Judiciary Committee sets Kavanaugh vote for Friday," September 25, 2018
    10. ↑ New York Times, "Brett Kavanaugh’s Accuser Reaches Deal to Testify," September 23, 2018
    11. ↑ CNN, "Ford lawyers say she is open to testifying, but not Monday," September 20, 2018
    12. ↑ CBS News, "Kavanaugh accuser Christine Blasey Ford lays out conditions for Senate testimony," September 21, 2018
    13. ↑ CNN, Brett Kavanaugh, Christine Blasey Ford to testify on assault allegations in public Monday," September 17, 2018
    14. ↑ The Washington Post, "California professor, writer of confidential Brett Kavanaugh letter, speaks out about her allegation of sexual assault," September 16, 2018
    15. ↑ 15.0 15.1 CNN, "Brett Kavanaugh is willing to answer questions on allegations, has hired an attorney," September 17, 2018
    16. ↑ NBC News, "Senators seek delay of Kavanaugh vote after Christine Blasey Ford reveals sexual assault allegation," September 16, 2018
    17. ↑ The New Yorker, "A Sexual-Misconduct Allegation Against the Supreme Court Nominee Brett Kavanaugh Stirs Tension Among Democrats in Congress," September 14, 2018
    18. ↑ CNN, "Democrats deluge Kavanaugh with written follow-up questions," September 11, 2018
    19. ↑ CNN, "John Dean, Theodore Olson among witnesses for upcoming Kavanaugh hearings," August 30, 2018
    20. ↑ CNN, "Kavanaugh to be introduced by Republicans Rob Portman and Condoleezza Rice, liberal Lisa Blatt," August 28, 2018
    21. ↑ USA Today, "Senate Democrats officially call for Kavanaugh postponement, cite possible crimes by Trump," August 24, 2018
    22. ↑ Fox News, "Fox News Poll 8/23/18," August 23, 2018
    23. ↑ Washington Post, "Murkowski calls first meeting with Kavanaugh ‘important step’," August 23, 2018
    24. ↑ NBC News, "Democrats demand delay in Kavanaugh confirmation, GOP downplays Trumpworld criminal woes," August 22, 2018
    25. ↑ CBS News, "Democrats call for delaying Kavanaugh hearings," August 22, 2018
    26. ↑ 26.0 26.1 CNN, "Democrats call for halt of Kavanaugh nomination in light of Cohen, Manafort news," August 22, 2018
    27. ↑ Public Policy Polling, "Maine Voters Want Senator Collins to Reject Kavanaugh's Supreme Court Nomination," August 21, 2018
    28. ↑ The Trafalgar Group, "Survey Report," accessed August 22, 2018
    29. ↑ CNN, "SSRS, "August 16, 2018
    30. ↑ CNN, "Two red state Democratic senators to meet with Trump's Supreme Court nominee," August 15, 2018
    31. ↑ 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
    32. ↑ Washington Post, "White House to Senate Democrats: Time running out on meeting with Kavanaugh," August 14, 2018
    33. ↑ Roll Call, "Kavanaugh Hearing Date Set for September 4 in Senate," August 10, 2018
    34. ↑ National Archives, "Records of Independent Counsel Kenneth W. Starr," accessed August 6, 2018
    35. ↑ CNN, "Rand Paul backs Trump's pick for the Supreme Court," July 30, 2018
    36. ↑ Associated Press, "Most GOP governors back Trump’s Supreme Court pick," July 26, 2018
    37. ↑ Washington Examiner, "Kavanaugh comes knocking but Democrats won't meet with him" July 24, 2018
    38. ↑ Washington Examiner, "Rand Paul defends Edward Snowden before meeting Brett Kavanaugh," July 24, 2018
    39. ↑ WIBC, "A Meeting With Judge Kavanaugh: Donnelly to Meet With the Nominee Aug. 15," July 24, 2018
    40. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named crisis
    41. ↑ The Hill, "Kavanaugh returns questionnaire to Senate panel," July 21, 2018
    42. ↑ News4SanAntonio, "Sen. Cruz praises Supreme Court nominee Brett Kavanaugh after meeting," July 17, 2018
    43. ↑ The Hill, "Kavanaugh gets questionnaires for confirmation hearing," July 14, 2018
    44. ↑ CNN, "Mitch McConnell predicts Kavanaugh confirmation by October 1," July 13, 2018
    45. ↑ KDFI, "Brett Kavanaugh back in DC ahead of confirmation hearing," July 11, 2018
    46. ↑ The Hill, "GOP moderates hint at smooth confirmation ahead for Kavanaugh," July 13, 2018
    47. ↑ Washington Examiner, "Kavanaugh launches series of Senate meetings with McConnell," July 10, 2018
    48. ↑ Associated Press, "Emotions high as Kavanaugh begins fight for confirmation," July 10, 2018
    49. ↑ Washington Post, "Trump narrows list for Supreme Court pick, with focus on Kavanaugh and Kethledge," July 5, 2018
    50. ↑ Associated Press, "As Trump weighs options, Pence meets with court contenders," July 5, 2018
    51. ↑ CBS News, "2 federal judges seen as Trump's leading contenders for Supreme Court," July 2, 2018
    52. ↑ Bloomberg, "Trump Says He’ll Announce Supreme Court Nominee July 9," June 29, 2018
    53. ↑ Politico, "Liberal group launches $5 million push against Trump’s SCOTUS pick" July 2, 2018
    54. ↑ Fox News, "Trump meets with lawmakers to discuss Supreme Court vacancy," June 28, 2018
    55. ↑ Politico, "White House wants Trump to nominate a justice before Putin trip," June 28, 2018
    56. ↑ Politico, "Anthony Kennedy retiring, giving Trump opening to reshape Supreme Court," accessed June 27, 2018
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