Supreme Court nominee Brett Kavanaugh on Monday moved to shore up a possible political vulnerability in his confirmation by the Senate with extended comments on the role women have played in shaping his life as a man and a federal judge.
“I was lucky. My mom was a teacher. In the 1960s and 70s she taught history at two largely African-American pubic high schools in Washington, D.C.,” Kavanaugh said in remarks as he accepted President Trump’s nomination to succeed retiring Supreme Court Justice Anthony Kennedy. “Her example taught me the importance of equality for all Americans.”
Senate Republicans have the votes to confirm Kavanaugh, a jurist on the influential D.C. Circuit Court of Appeals, on their own — Democrats don’t have the numbers to sink Trump’s pick to replace Kennedy.
But with Sen. John McCain, R-Ariz., away from the Capitol Hill as he battles brain cancer, Kavanaugh’s nomination in the Senate, where the GOP has a slim majority, could hinge on Republican Sens. Susan Collins of Maine and Lisa Murkowski of Alaska, who have signaled they might oppose any nominee who threatened abortion rights.
Kavanaugh is under heavy attack from Democratic leaders in Congress, liberal activists, and liberal women’s groups, who charge that he would overturn Roe v. Wade, and with it, the guaranteed right to obtain an abortion in all 50 states ushered in by the landmark, 1973 Supreme Court decision.
Kavanaugh, a savvy Washington insider, likely understands the politics of his upcoming confirmation battle, and did so long before delivering his acceptance speech at the White House during a televised, prime-time ceremony, as the pressure from the Left built in the days since Kennedy announced his retirement to block Trump’s nominee.
“My mom was a trailblazer. When I was 10, she went to law school and became a prosecutor. My introduction to law came at our dinner table where she practiced her closing arguments. Her trademark line was: ‘Use your common sense. What rings true; what rings false.’ That’s good advice for a juror and a son,” Kavanaugh said.
“One of the few women prosecutors of that time, she overcame barriers and became a trial judge. The president introduced me tonight as Judge Kavanaugh, but to me that title will always belong to my mom,” Kavanaugh added, before proceeding to brag that the majority of the law clerks he has hired have been women.
Kavanaugh, 53, a former Kennedy clerk at the Supreme Court, emerged from a group of four finalists and was roundly cheered by conservative activists and congressional Republicans. A political operative familiar with Trump’s approach on his second Supreme Court appointment said the president was swayed by Kavanaugh’s educational pedigree and his high regard in legal circles.
The Right is relishing the confirmation fight. Though Republicans have a small margin for error, they view the issue as the spark that can put voter enthusiasm in the party on par with the Democrats in the midterm elections.
Party insiders see Kavanaugh’s nomination, coming just months before Election Day, as the key to holding the House and padding their majority in the Senate. Many believe it had that effect in 2016, as Republicans skeptical of Trump stuck with him because he vowed to appoint a conservative to fill a Supreme Court seat left vacant by the death of Justice Antonin Scalia.
“The president’s pick puts red state Democrats on the hot seat. They have a tough choice. Stand with their party leaders in Washington, DC and oppose the nominee or side with their constituents in states that overwhelmingly voted for Donald Trump in 2016,” said Dan Eberhart, a Republican donor from Arizona who has contributed to GOP Senate candidates.
Red state incumbent Democrats in this position, and many other rank-and-file Democrats, said they would carefully consider Kavanaugh’s qualifications before deciding on his confirmation, leaving the door open to supporting him. Liberal activists weren’t hesitating to oppose the nominee.
In a barrage of press releases and prepared statements, the Left questioned Kavanaugh’s commitment to Roe v. Wade; equal rights for the LGBTQ community, and protecting access to healthcare via expected legal challenges to Obamacare. He also came under fire for past defense of gun rights.
“If Brett Kavanaugh is confirmed, he would tip the balance of the Supreme Court even more against workers’ rights, civil rights, and women’s rights for decades to come. I do not think he is the right choice for our country, and I am going to vote against him and urge my colleagues to do the same,” said Sen. Kristen Gillibrand, D-N.Y., a possible 2020 presidential candidate.
But only Republicans have the power to stop Kavanaugh’s ascension, with praise emanating from across the GOP spectrum, from former President George W. Bush, for whom Kavanaugh worked, and McCain — both ardent Trump critics.
That means hope Democrats have of tanking the nomination would appear to rest with swaying Collins and Murkowski.
Both kept their powder dry in statements issued Monday evening. Neither were negative on Kavanaugh; Collins offered some praise and one Republican senator expressed confidence that both would ultimately vote to confirm. But Collins and Murkowski did say that they would not decide until they had met with and interviewed Kavanaugh and completed a “rigorous vetting” of his past legal opinions and other related matters.
One motivating factor that could influence a vote to confirm from each — the lure of the majority. Kavanaugh’s defeat at the hands of Republicans could depress GOP turnout in November, turning pickup opportunities into losses for the Republicans and putting their Senate majority at risk.
“Judge Kavanaugh has impressive credentials and extensive experience,” Collins said. “I will conduct a careful, thorough vetting of the president’s nominee to the Supreme Court, as I have done with the five previous Supreme Court Justices whom I have considered.”
Murkowskisaid she intends to “review Judge Kavanaugh’s decisions on the bench, and writings off the bench, and pay careful attention to his responses to questions posed by my colleagues on the Senate Judiciary Committee.” Murkowski said her “standard for reviewing Supreme Court nominees remains rigorous and exacting.”
