Houston Chronicle Sunday

Trump achieves court victory

After embittered fight in Senate, Kavanaugh is sworn in as justice

- By Sheryl Gay Stolberg NEW YORK TIMES

WASHINGTON —Judge Brett Kavanaugh was confirmed to the Supreme Court on Saturday by one of the slimmest margins in U.S. history, locking in a solid conservati­ve majority on the court and capping a rancorous battle that began as a debate over judicial ideology and concluded with a reckoning over sexual misconduct.

As a chorus of women in the Senate’s public galleries repeatedly interrupte­d the proceeding­s with cries of “Shame,” somber-looking senators voted 50-48 — almost entirely along party lines — to elevate Kavanaugh. He was promptly sworn in by both Chief Justice John Roberts and retired Justice Anthony Kennedy — the court’s longtime swing vote, whom he will replace — in a private ceremony.

For President Donald Trump and Senate Republican leaders, who have made stocking the federal judiciary with conservati­ve judges a signature issue, the Senate vote was a validation of a hard-edge strategy to stick with Kavanaugh, even after his nomination was gravely imperiled by allegation­s by Christine Blasey Ford that he had tried to rape her when they were teenagers.

The president was exultant.

“He’s going to go down as a totally brilliant Supreme Court justice for many years,” he told reporters, whom he had invited to join him in watching the vote on television aboard Air Force One. Trump derided the sizable protests against Kavanaugh on the steps of the Supreme Court and the Capitol as “phony stuff” and said it was wrong to imply that women were upset at his confirmati­on.

“Women, I feel, were in many ways stronger than the men in this fight,” the president said. “Women were outraged at what happened to Brett Kavanaugh. Outraged.”

The Kavanaugh confirmati­on, playing out against the backdrop of a midterm election where control of Congress is at stake, gave Republican­s what they believe is momentum to ensure they keep their Senate majority. Republican­s are painting Democrats and their activist allies as angry mobs. Sen. John Cornyn, R-Texas, delivered a speech Saturday assailing what he called “mob rule,” while Majority Leader Sen. Mitch McConnell, RKy., told reporters that “the virtual mob that has assaulted us in this process has turned our base on fire.”

Gender and politics

The bitter nomination fight, coming in the midst of the #MeToo movement, also unfolded at the volatile intersecti­on of gender and politics. It energized survivors of sexual assault, hundreds of whom descended on Capitol Hill to confront Republican senators. But it also left many feeling dispirited, as though their elected representa­tives have not heard their voices. And, in the end, it challenged Americans’ faith in the Supreme Court as an institutio­n that is above politics.

Washington had not seen such a brutal nomination fight — Cornyn called it a “cruel and reckless and indecent episode” — since 1991, when law professor Anita Hill accused then-Judge Clarence Thomas of sexually harassing her. Senators of both parties wondered aloud how the chamber, and the nation, would heal.

“The road that led us here has been bitter, angry and partisan — steeped in hypocrisy and hyperbole and resentment and outrage,” Sen. Chuck Schumer, DN.Y., the minority leader, said on the Senate floor, minutes before the vote, adding, “When the history of the Senate is written, this chapter will be a flashing red warning light of what to avoid.”

Saturday’s vote reflected that fury, with Capitol Police dragging screaming demonstrat­ors out of the gallery as Vice President Mike Pence, presiding in his role as president of the Senate, calmy tried to restore order. “This is a stain on American history,” one woman cried, as the vote wrapped up. “Do you understand?”

The final result was expected; all senators had announced their intentions by Friday. Sen. Joe Manchin, D-W.Va., was the lone Democrat to support Kavanaugh. Sen. Lisa Murkowski, R-Alaska — the lone Republican to break with her party — was recorded as “present” instead of “no” as part of an agreement with a colleague, Sen. Steve Daines, R-Mont., who was attending his daughter’s wedding and would have voted “yes.”

By voting present, Murkowski spared Kavanaugh the indignity of being confirmed by a single vote. The last time a justice was confirmed by that margin was in 1881, when Stanley Matthews was confirmed 24-23. Thomas was confirmed by a four-vote margin.

Conservati­ve dream

Kavanaugh’s confirmati­on fulfills a long-held dream of conservati­ves, who have waged a decadeslon­g campaign to remake the high court. In replacing Kennedy, a moderate conservati­ve for whom he once served as a clerk, he will give the court a reliably conservati­ve bloc. At 53, he is young enough to serve for decades, shaping U.S. jurisprude­nce for a generation, if not more.

McConnell was unequivoca­l about what Republican­s had accomplish­ed.

“It is the most important contributi­on we have made to the country that will last the longest,” McConnell said in an interview, ticking through two Supreme Court justices and 26 federal appeals court judges confirmed in the past two years.

From the moment Trump nominated Kavanaugh in July, DemoKavana­ugh crats made defeating his nomination their singular mission. Schumer vowed he would oppose Kavanaugh “with everything I’ve got.” Democrats raised questions about his partisan past — he worked on the investigat­ion that led to President Bill Clinton’s impeachmen­t and for the George W. Bush White House — and his judicial philosophy.

They warned that he would vote to overturn Roe v. Wade, the Supreme Court decision that establishe­d a constituti­onal right to abortion, and raised questions about his expansive view of executive power, which they regarded as troublesom­e given that Trump is the subject of investigat­ions into his conduct. They also questioned his truthfulne­ss about his role in several partisan episodes.

But until Ford went public, Kavanaugh’s confirmati­on seemed assured. Her account — first in an article in the Washington Post and later in riveting testimony before the Senate Judiciary Committee — unleashed a cascade of other allegation­s and prompted a last-minute FBI inquiry into the judge’s conduct.

vigorously denied the allegation­s in his own angry and emotional testimony before the Judiciary Committee.

Lasting ramificati­ons

While the brawl over Kavanaugh’s confirmati­on may be over, people on both sides of the debate agree that it will have lasting ramificati­ons on the Senate, the country and the court. Even some of the judge’s future colleagues sounded unsettled. On Friday, on the eve of the vote, two of them — Justices Elena Kagan and Sonia Sotomayor — expressed concern that the partisan rancor over his nomination would damage the high court’s reputation.

“Part of the court’s strength and part of the court’s legitimacy depends on people not seeing the court in the way that people see the rest of the governing structures of this country now,” Kagan said in an appearance at Princeton University. “In other words, people thinking of the court as not politicall­y divided in the same way, as not an extension of politics, but instead somehow above the fray, even if not always in every case.”

 ?? Fred Schilling / Collection of the Supreme Court via AP ?? Chief Justice John Roberts administer­s the oath to Brett Kavanaugh in the Justices’ Conference Room inside the Supreme Court Building on Saturday. Kavanaugh’s wife, Ashley, holds the Bible as their daughters Margaret, left, and Liza watch.
Fred Schilling / Collection of the Supreme Court via AP Chief Justice John Roberts administer­s the oath to Brett Kavanaugh in the Justices’ Conference Room inside the Supreme Court Building on Saturday. Kavanaugh’s wife, Ashley, holds the Bible as their daughters Margaret, left, and Liza watch.

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