Trump picks ‘judge’s judge’ Kavanaugh for court justice
Democrats, Republicans prepare for fight
WASHINGTON — President Donald Trump announced Monday that he will nominate federal appeals court Judge Brett Kavanaugh to the Supreme Court, to fill the seat being vacated by Justice Anthony Kennedy’s retirement. The choice sets up a ferocious confirmation battle with Democrats as he seeks to shift the nation’s highest court further to the right.
With customary fanfare, Trump unveiled his choice to replace Kennedy on prime-time TV. His final options were all young federal judges who could help remake the court for decades to come with precedent-shattering rulings on issues such as abortion, guns and health care.
Trump made the announcement in the East Room of the White House, and rousing applause broke out as Kavanaugh entered with his wife and two daughters. The president hailed Kavanaugh as “a judge’s judge” and cited his “proven commitment to equal justice
under the law.”
Upon accepting the nomination, Kavanaugh noted that, “A judge must interpret the law, not make the law.”
Top contenders had included federal appeals judges Raymond Kethledge, Amy Coney Barrett, Thomas Hardiman — and Kavanaugh himself.
Sen. Orrin Hatch, R-Utah, said late Monday that he had spoken with Trump and did not think Barrett was the choice. Indeed, she was seen still at her home in Indiana.
With Democrats determined to vigorously oppose Trump’s choice, the Senate confirmation battle is expected to dominate the months leading up to November’s midterm elections.
Senate Republicans hold only a 51-49 majority, leaving them hardly any margin if Democrats hold the line. Democratic senators running for re-election in states Trump carried in 2016 will face pressure to back his nominee.
Republican Sen. John Kennedy of Louisiana said he was bracing for a tough confirmation battle as Democrats focus on abortion. Kennedy, a member of the Judiciary Committee, which will get the first chance to question Kavanaugh, predicted a “rough, tough, down in the dirt, ear-pulling, nose-biting fight.”
Trump’s success in confirming conservative judges, as well as a Supreme Court justice, has cheered Republicans amid concerns about his limited policy achievements and chaotic management style. Of the court’s liberal justices, Ruth Bader Ginsburg is 85 and Stephen Breyer turns 80 next month, so Trump may well get another opportunity to cement conservative dominance of the court for years to come.
Kavanaugh is likely to be more conservative than Justice Kennedy on a range of social issues.
While the president has been pondering his choice, his aides have been preparing for what is expected to be a tough confirmation fight. The White House said Monday that former Arizona Sen. Jon Kyl would guide Trump’s nominee through the grueling Senate process.
Kyl, a former member of Republican leadership, served on the Senate Judiciary Committee before retiring in 2013. He works for the Washington-based lobbying firm Covington & Burling. The White House hopes Kyl’s close ties to Senate Republicans will help smooth the path for confirmation.
Trump is hoping to replicate his successful nomination of Justice Neil Gorsuch last year. The president spent the days leading up to the announcement discussing the pros and cons of various contenders with aides and allies.
The White House invited a number of senators to attend the Monday night announcement, including Judiciary Committee Chairman Chuck Grassley, RIowa, and committee member Kennedy.
Democrats who were invited but declined included Sens. Joe Donnelly of Indiana, Heidi Heitkamp of North Dakota, Doug Jones of Alabama, Joe Manchin of West Virginia and Diane Feinstein of California.
Feinstein is the ranking Democrat on the Judiciary Committee. The others are Republican targets for the confirmation vote who come from Trump-won states where they face re-election this fall.
Kavanaugh is expected to meet in coming days with senators at their offices, going door-to-door in get-to-know-you sessions ahead of confirmation hearings.
Democrats have turned their attention to pressuring two Republicans, Sens. Susan Collins of Maine and Lisa Murkowski of Alaska, to oppose any nominee who threatens Roe v. Wade. The two have supported access to abortion services.
One Democrat up for re-election, Bob Casey of Pennsylvania, announced Monday he would oppose any nominee from Trump’s list of 25 possible candidates, drafted by conservative groups. He called it the “fruit of a corrupt process straight from the D.C. swamp.”
Senate Majority Leader Mitch McConnell said opponents were using “40-year-old scare tactics” about abortion and other issues, but they “will not stop us from doing the right thing.”
Some conservatives have expressed concerns about Kavanaugh — a longtime judge and a former clerk for Kennedy — questioning his commitment to social issues such as abortion and noting his time serving under President George W. Bush as evidence he is a more establishment choice. But his supporters cite his experience and wide range of legal opinions.