The Sunday Telegraph

Kavanaugh is voted on to US Supreme Court

Strategist­s believe that Supreme Court crisis over Kavanaugh could lead to anti-Democrat backlash

- By Ben Riley-Smith US EDITOR

BRETT KAVANAUGH was approved for the Supreme Court last night, creating a more conservati­ve bench and handing President Donald Trump a major political victory.

Amid scenes of protest outside, the US Senate voted 50 to 48 to confirm his nomination. Two senators, one on each side of the debate, sat out the vote.

It ends one of the most bitter confirmati­on processes in recent US history. Mr Kavanaugh had been accused of sexual misconduct by three women, which he categorica­lly denied. There is now a majority of conservati­ve judges on the court, something Republican­s have sought for decades. Mr Kavanaugh, 53, will be appointed for life.

REPUBLICAN­S are hoping a “Brett bounce” created by the furious battle over Donald Trump’s Supreme Court pick can help them turn around their fortunes and exceed expectatio­ns at next month’s midterm elections.

Polls have suggested a recent surge in enthusiasm from Mr Trump’s base as the fight over Brett Kavanaugh’s nomination to America’s top court became increasing­ly heated.

In July, Democrats had a 10-point lead over the Republican­s for how many of their supporters saw the midterms as “very important”, according to one survey. That gap is now down to two points.

It indicates how the Supreme Court fight has fired up Republican­s and could result in more of them turning out on voting day – a crucial factor for who will win the congressio­nal races.

It also suggests that Democrat protests may have only served to further energise the opposition.

In particular, the poll boost could help in 10 Senate races where Democrats are trying to hold on to their seats in states won comfortabl­y by Mr Trump in the 2016 election, often by double figures. “Prior to the Kavanaugh hearing, the intensity level was really on the Democratic side,” said Kevin McCarthy, a leading Republican congressma­n. “But in the last week there has been a fundamenta­l shift.”

The optimism came as Mr Kavanaugh was confirmed as a Supreme Court judge last night, with US senators backing his nomination by 50 votes to 48. Two senators sat out the vote, one from each side, because of a schedule clash.

It ended a bruising confirmati­on process that has seen Mr Kavanaugh face accusation­s from three women of sexual misconduct – claims he denies.

Securing two judges on America’s highest court, which hands conservati­ves a clear majority on the bench, is huge political achievemen­t for Mr Trump after just two years in office.

It will help convince evangelica­l supporters and moderate Republican­s that they were correct to stand by his unorthodox candidacy rather than disown him before the 2016 presidenti­al vote.

Moments after the vote passed, Mr Trump tweeted: “I applaud and congratula­te the US Senate for confirming our great nominee, Judge Brett Kavanaugh, to the United States Supreme Court. Later today, I will sign his Commission of Appointmen­t, and he will be officially sworn in. Very exciting!”

However, the row has highlighte­d deep fault lines in American society in the wake of the MeToo movement against sexual harassment and underlined the partisan and polarised state of US politics.

The impact of the confirmati­on battle, which has gripped the country since the claims surfaced last month, on November’s vote remains unclear.

All members of the House of Representa­tives and a third of US senators are up for re-election. Republican­s hold slim majorities in both bodies but that could change.

If the Democrats take back control of the House, something which is seen as likely, they will be able to block Mr Trump’s legislatio­n and launch a string of damaging investigat­ions into his administra­tion. It is a longer shot for them to take back the Senate, given far more Democrats who already hold seats are up for re-election than Republican­s, but nothing is being ruled out.

There are already signs of how the Supreme Court battle has energised the Republican base, with strategist­s saying they have seen a surge in donations in recent weeks. However, Democrats too believe they could find political advantages from the bitter Supreme Court fight.

‘Prior to the hearing the intensity level was on the Democratic side. There has been a fundamenta­l shift’

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