Summary
- Donald Trump on Monday nominated Brett Kavanaugh, 53, to replace retiring Supreme Court Justice Anthony Kennedy.
- The nomination will set in motion an acrimonious and expensive confirmation process that is likely to turn on how he handles questions about Roe v Wade.
- Conservative groups have already launched what will collectively be a multi-million dollar campaign in support of Trump’s nominee.
- Democrats’ strategy for blocking Kavanaugh’s confirmation hinges on keeping their caucus unified in opposition and persuading two pro-choice Republican senators to join them.
- All eyes will be on a handful of moderate Republicans and Democrats who are under immense pressure from activists of both parties.
- In the coming weeks, Kavanaugh will meet with the senators in anticipation of his confirmation hearing before the Senate Judiciary Committee.
We’re going to wrap up our coverage of Trump’s Supreme Court nominee for the evening. Thanks for reading – goodnight!
Senator John McCain, a Republican from Arizona who is battling brain cancer, released a statement on Trump’s supreme court choice
In selecting Judge Brett Kavanaugh to fill the vacancy left by Justice Kennedy, President Trump has chosen a nominee with impeccable credentials and a strong record of upholding the Constitution. Over the course of Judge Kavanaugh’s impressive legal career, he has built a reputation as a fair, independent, and mainstream judge who has earned widespread respect from his peers. One of the Senate’s highest constitutional responsibilities is to provide advice and consent on nominations to the Supreme Court, and I look forward to the Senate fulfilling this critical duty through a fair and thorough confirmation process.
The fight to block Kavanaugh is on
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Trump is known to harbor suspicions about people he believes are loyal to his predecessor, George W. Bush. In the run-up to Kavanaugh nomination, some analysts predicted that the judge’s tenure working for the Bush administration could be a red flag for this president as he made his decision. But clearly Trump was able to look past that.
The Daily Beast has some reporting on why that might be in this case.
But if Trump considered Kavanaugh’s backing from Scalia-world, he also surely knew of his roots in the George W. Bush White House. Asked how Kavanaugh might’ve overcome that perception, one senior administration official pointed to his work on Kenneth Starr’s investigation of President Bill Clinton—and subsequent disavowal of criminal and civil investigations into sitting presidents.
Trump, who is staring down both a federal criminal investigation and a number of civil lawsuits, likely noticed the latter position, the administration official said. “It’s a twofer,” the official joked. In Trump’s mind, “he manages to be both anti-Clinton and anti-Mueller.”
Interesting criticism from Michigan congressman, Justin Amash, a libertarian, who raises concerns about Kavanaugh’s views on the Fourth Amendment, which protects citizens from unreasonable search and seizure.
Kavanaugh is not another Gorsuch—not even close. Disappointing pick, particularly with respect to his #4thAmendment record. Future decisions on the constitutionality of government surveillance of Americans will be huge. We can’t afford a rubber stamp for the executive branch.
— Justin Amash (@justinamash) July 10, 2018
Here’s a fuller dispatch from the Gaurdian’s Washington bureau chief David Smith
Donald Trump has named Brett Kavanaugh as his nominee for the US supreme court, lighting the fuse of an acrimonious political battle and potentially setting the court on a more conservative course for decades to come.
The nomination, if confirmed by the Senate, would represent one of the most consequential decisions of Trump’s presidency.
Kavanaugh’s record will come under particular scrutiny for clues as to how he might vote in any future review of Roe v Wade, the landmark 1973 decision that guaranteed a woman’s right to an abortion.
Trump’s pick comes less than two weeks after Justice Anthony Kennedy, often the “swing vote” in the court’s rulings, announced his retirement, and 18 months after he won plaudits from conservatives for appointing Neil Gorsuch to the court.
Tonight explains – at least in part – why so many conservatives have yet to abandon Trump.
This is dead on https://t.co/pPlUyX6tfS
— Maggie Haberman (@maggieNYT) July 10, 2018
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George W. Bush applauds the choice of his former aide ...
President Trump has made an outstanding decision in nominating Judge Brett Kavanaugh to the Supreme Court. Brett is a brilliant jurist who has faithfully applied the Constitution and laws throughout his 12 years on the D.C. Circuit. He is a fine husband, father, and friend – and a man of the highest integrity. He will make a superb Justice of the Supreme Court of the United States.
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What "the moderates" have to say
Senator Susan Collins, Republican of Maine
Judge Kavanaugh has impressive credentials and extensive experience, having served more than a decade on the D.C. Circuit Court of Appeals.
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. I look forward to Judge Kavanaugh’s public hearing before the Senate Judiciary Committee and to questioning him in a meeting in my office.”
Senator Joe Donnelly, Democrat of Indiana
As I have said, part of my job as Senator includes thoroughly considering judicial nominations, including to the Supreme Court. I will take the same approach as I have previously for a Supreme Court vacancy. Following the president’s announcement, I will carefully review and consider the record and qualifications of Judge Brett Kavanaugh.”
Senator Joe Manchin, Democrat of West Virginia
As the Senator from #WV, I have a constitutional obligation to advise & consent on a nominee to fill Supreme Court vacancies & I take that responsibility seriously. MORE: pic.twitter.com/eG8rULoE33
— Senator Joe Manchin (@Sen_JoeManchin) July 10, 2018
Senator Heidi Heitkamp, Democrat of North Dakota
My statement on the nomination of Judge Kavanaugh to serve on the Supreme Court: pic.twitter.com/ia1yOICT9P
— Sen. Heidi Heitkamp (@SenatorHeitkamp) July 10, 2018
Senator Cory Booker, Democrat of New Jersey, says he is “strongly opposed” Kavanaugh’s nomination.
His nomination should be a non-starter for every member of the Senate concerned about the integrity of the special counsel’s investigation and worried about the Court undermining the rights of women to make their own medical decisions; civil rights; the rights of Americans to quality, affordable healthcare; voting rights; the rights of workers to organize for better wages and working conditions; and more.”
Senator Kamala Harris, Democrat of California, also announces her opposition to Kavanaugh.
I know personally just how consequential this seat on the Supreme Court is. Almost two decades after the Supreme Court’s landmark ruling in Brown v. Board of Education, I was part of only the second class to integrate the Berkeley, California public schools. If that Court had not issued that unanimous opinion led by Chief Justice Earl Warren in that case argued by Thurgood Marshall, I likely would not have become a lawyer, or a prosecutor, or a been elected district attorney, or the Attorney General of California. And I certainly would not have become a United States Senator.
That’s the power an individual Supreme Court Justice holds. Those are the stakes of this nomination. We must demand a mainstream jurist worthy of our great country.”
Brett Kavanaugh's record as a judge and lawyer is clear: hostile to health care for millions, opposed to the CFPB & corporate accountability, thinks Presidents like Trump are above the law – and conservatives are confident that he would overturn Roe v. Wade. I'll be voting no.
— Elizabeth Warren (@SenWarren) July 10, 2018
Bernie Sanders, independent of Vermont, responded to the announcement in a Facebook video in which he asked supporters to join the fight to block Kavanaugh from reaching the supreme court.
He added in a statement: “I do not believe a person with those views should be given a lifetime seat on the Supreme Court. We must mobilize the American people to defeat Trump’s right-wing, reactionary nominee.”
Kirsten Gillibrand, Democrat of New York, also plans to oppose Kavanaugh.
This new judge could be the deciding vote in whether insurance companies can charge people more, or don’t have to cover them at all anymore, if they have preexisting conditions — and nearly half of all New Yorkers have a preexisting condition. He could be the deciding vote to uphold the disastrous Citizens United decision, which allowed corporations to pour unlimited money into our politics. And he could be the deciding vote in overturning Roe v. Wade, which is what President Trump said he wanted his new Supreme Court Justice to do.
Brett Kavanaugh is an anti-consumer zealot, an opponent of preexisting condition protections, a critic of abortion rights and access to contraception, a Second Amendment radical, and a bad choice for the Supreme Court.
— Chris Murphy (@ChrisMurphyCT) July 10, 2018
Not a close call. I will vote NO.
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Gun rights activists will be cheering Trump’s selection of Kavanaugh, who has a clear pro-gun record.
In 2011, Kavanaugh wrote a dissent arguing that DC’s local assault weapon ban was unconstitutional:
“There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semiautomatic rifles,” he wrote. “Semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Moreover, semi-automatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller’s protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.’s ban on them is unconstitutional.”
While the federal assault weapons ban lapsed in 2004, seven American states and the District of Columbia still have local assault weapon bans, and several parents of victims of the 14 February Parkland, Florida, school shooting have been pushing for stricter federal controls on assault weapons.
Everytown for Gun Safety, which supports stricter gun laws, said Kavanaugh’s record “demonstrates a dangerous view of the Second Amendment that elevates gun rights above public safety” and said he “has made clear he would strike down prohibitions on the AR-15 and other assault-style weapons”.
“We’ve never had a justice nominated to the supreme court with as much of a clear second amendment record” as Kavanaugh or as Thomas Hardiman, another of Trump’s likely picks, said Dave Kopel, an attorney and gun rights advocate, shortly before the decision was announced.
“There were lots of people who voted for Trump with great reluctance because of his personal qualities, but ultimately decided the supreme court was the most important issue,” Kopel said.
Tonight, those people “can very much feel that their work was worthwhile”.
Updated
The Senate majority leader, Mitch McConnell, called Kavanaugh a “superb choice” and “an impressive nominee who is extremely well qualified” to serve on the court.
Judge Kavanaugh has sterling academic credentials. He is widely admired for his intellect, experience, and exemplary judicial temperament. He has won the respect of his peers and is highly regarded throughout the legal community. And his judicial record demonstrates a firm understanding of the role of a judge in our Republic: Setting aside personal views and political preferences in order to interpret our laws as they are written.
I look forward to meeting with Judge Kavanaugh and to the Senate’s fair consideration of his nomination, beginning with the work of Chairman Grassley and the Judiciary Committee. This is an opportunity for Senators to put partisanship aside and consider his legal qualifications with the fairness, respect, and seriousness that a Supreme Court nomination ought to command.
Updated
Indivisible, the liberal activists group that has upended Democratic politics, declares “the fight is on”.
Indivisible Project’s Co-Executive Director Ezra Levin said in a statement on Kavanaugh:
If Trump successfully installs Brett Kavanaugh onto the Supreme Court to replace Anthony Kennedy, Trumpism will infect the Court for a generation. The stakes are no less than the fate of Roe v. Wade, the Affordable Care Act, LGBTQ rights, and our democratic institutions.
“Our path to victory is narrow, but it’s there. Step one is keeping all Democratic senators together. This is not business as usual and there’s no time to waste. All Democratic senators must come out in opposition right now. A vocal, united Democratic front will focus pressure on Republican senators - forcing them to decide between appeasing Trump or preserving our fundamental rights.
So now is the time for hardball, and Senator Chuck Schumer is up at bat.”
Will Trump get a third pick?
Sam Morris and Juweek Adolphe take a look:
With the nomination of Brett Kavanaugh for supreme court justice, Trump is set to cement his significant influence on the highest court in the land. Once Kavanaugh is confirmed, the probable outcome given the Republican controlled Senate, Trump will have made as many appointments in two years as Barack Obama did in two full terms.
The result of those nominations has left us with a supreme court that leans towards the right, with a majority of sitting justices nominated by Republican presidents. This wind of change brings a conservative sway for decades that will only get stronger if Trump, who is not even halfway into his first term, could secure a third pick.
Reactions to Trump’s choice are flooding in from every sector. But at the end of the day, it is the view of a handful of senators who will decide Kavanaugh’s fate.
Senator John Cornyn, Republican of Texas
“As the Senate begins what will be a thorough review of his record, it’s disappointing that some Democrats already rejected this nomination before it was even made. I hope Democrats will consider Judge Kavanaugh’s nomination on the merits, and I look forward to meeting with him soon in advance of a hearing.”
Senator Mark Warner, Democrat of Virginia
“I plan to carefully examine Judge Kavanaugh’s record and judicial philosophy. I cannot and will not support a nominee who would take this country backwards by undermining our fundamental rights and American values.”
Seantor Mazie Hirono, Democrat of Hawaii
“Judge Kavanaugh has not earned the benefit of the doubt. He has the burden of proof to demonstrate his ability to be independent of the President and exercise unbiased and independent judgment.”
Senator Sheldon Whitehouse, Democrat of Rhode Island
“Special interests approved this nominee. The confirmation process will be powered by massive, secretive spending by their phony front groups. That’s why Brett Kavanaugh must convince me he can actually be independent. I, along with the American people, will not tolerate a rigged system anymore.”
Senator Jeff Flake, Republican of Arizona
“As I have said before, approving a nominee who will interpret the Constitution rather than legislate from the bench should be our top priority. I look forward to meeting with Judge Kavanaugh and reviewing his record throughout the confirmation process.”
Senator Marco Rubio, Republican of Florida
My decision on whether to ultimately support Kavanaugh’s nomination will be based on his commitment to original intent, judicial restraint, and the understanding that the Supreme Court is a ‘trier of law’ appellate court and not a ‘trier of fact’ trial court. This is critically important because too many in the federal judicial system today believe it is appropriate for judges to craft new policies and rights instead of interpreting and defending the Constitution as written.”
Updated
Kavanaugh ends his remarks by looking ahead at the acrimonious confirmation battle that lies ahead.
Tomorrow I begin meeting with members of the Senate, which plays an essential role in this process. I will tell each senator that I revere the constitution. I believe hat an indent pent judiciary is the crown jewel of our constitutional Republic.
If confirmed by the Senate, I will keep an open mind in every case. I will always strive to preserve the constitution of the United States and the American rule of law.
Updated
Who is Brett Kavanaugh?
Kavanaugh worked in the George W Bush White House before being nominated to the DC court of appeals in 2003. He was confirmed in 2006 after Democrats mounted a long fight against his nomination on the grounds that Kavanaugh was overly partisan.
Before his stint in the Bush White House, Kavanaugh worked for Ken Starr, the lawyer who led the investigation of President Bill Clinton in the 1990s. Kavanaugh helped author the Starr Report, which laid out the case for Clinton’s impeachment and removal from office. He also did legal work for the Bush campaign during the Florida election recount.
The 53-year-old has impeccable academic credentials. He is a graduate of Yale College and Yale Law School and clerked for Justice Anthony Kennedy, whose retirement vacated the seat that he has now been nominated for. Since taking the bench, Kavanaugh has authored 286 different opinions.
Read more here
As Kavanaugh speaks, Schumer issues a statement urging senators to block his nomination.
In selecting Judge Brett Kavanaugh for the Supreme Court, President Trump has put reproductive rights and freedoms and health care protections for millions of Americans on the judicial chopping block. His own writings make clear that he would rule against reproductive rights and freedoms, and that he would welcome challenges to the constitutionality of the Affordable Care Act. ...
“This nomination could alter the balance of the court in favor of powerful special interests and against working families for a generation, and would take away labor, civil, and human rights from millions of Americans. We cannot let that happen. If we can successfully block this nomination, it could lead to a more independent, moderate selection that both parties could support.”
Updated
Kavanaugh says he’s “deeply honored” to be nominated to fill Kennedy’s seat on the supreme court. He points to his mom and dad, who are in the audience. He is also joined by his wife, Ashley, and two daughters.
Updated
Trump nominates Brett Kavanaugh to the supreme court
Trump: “What matters is not a judges political views but whether they can set aside those views to do what the law and the constitution require. I am pleased to say that i have found without doubt that person.”
That person, he says is Brett Kavanaugh, a former Kennedy clerk and a judge on the US Court of Appeals for DC.
Trump says there is “no one more qualified” in America. He says “deserves a swift confirmation and “robust bipartisan” support.
Updated
A smiling Donald Trump has emerged at the lectern
Trump said the selection of a supreme court justice is the most important decision a president makes “other than matters of war and peace”.
He begins his remarks by thanking retiring justice Kennedy for a lifetime of achievement.
Trump also praises Justice Antonin Scalia, whose widow, Maureen, is in the East Room for the ceremony.
“What matters is not a judges political views but whether they can set aside those views to do what the law and the constitution require. I am pleased to say that i have found without doubt that person.”
Updated
FreedomWorks, the conservative advocacy group, has put out a statement applauding Trump for choosing Kavanaugh.
“Judge Kavanaugh is a fantastic choice to succeed former Justice Kennedy on the Supreme Court. Kavanaugh has proven to be a staunch conservative who has relied on originalism and textualism while serving on the U.S. Court of Appeals for the District of Columbia Circuit. We are confident he would strengthen the conservative wing of the Court and preserve the Constitution, as the framers intended.
“Judge Kavanaugh’s criticism of the Chevron deference demonstrates his skepticism towards letting unaccountable government agencies run the show when it comes to regulations. Justice Kavanaugh’s dissent in USTA v. FCC paved the way for the repeal of the needless Title II regulation of the internet. FreedomWorks calls upon Majority Leader McConnell to act swiftly and ensure Kavanaugh is confirmed on the Senate floor. We look forward to supporting Kavanaugh throughout the confirmation process.”
Melania Trump just received a standing ovation as she walked into the East Room. The announcement should be underway any minute.
NBC: President Trump to nominate Brett Kavanaugh as next US Supreme Court justice
BREAKING: President Trump is nominating federal appeals court Judge Brett Kavanaugh as next US Supreme Court justice - @PeteWilliamsNBChttps://t.co/XN9soITpq0
— NBC Politics (@NBCPolitics) July 10, 2018
Updated
A peak into the White House East Room where POTUS is expected in T-minus 10 minutes.
Awaiting announcement pic.twitter.com/lUvWEpTBpO
— Ed Whelan (@EdWhelanEPPC) July 10, 2018
Alan Dershowitz, the constitutional scholar and persona non grata on Martha’s Vineyard, tells CNN’s Anderson Cooper that he believes the nominee will be Brett Kavanaugh. He also predicts that Roe v Wade will be chipped away slowly – not overturned.
Signing off, he adds: “But remember, the president does head fakes. So don’t be surprised if there’s a surprise.”
Updated
Center for American Progress (@amprog) Rally outside the Supreme Court – LIVE online here: https://t.co/AwPM3nMHfy #SCOTUS #SCOTUSpick pic.twitter.com/Z7Kcqp01YA
— CSPAN (@cspan) July 10, 2018
Protests are underway outside the Supreme Court. Activists on both sides of the abortion debate have gathered on the steps ahead of the announcement.
The pro-choice organization NARAL has organized a rally outside the court following Trump’s announcement at 9:30pm. Progressive senators Cory Booker and Elizabeth Warren are excepted to address the crowd.
Updated
The Wall Street Journal is being very cautious in its reporting that “people close” to the president “expect” it to be Brett Kavanaugh. We’ll have to wait until 9pm to be sure.
Multiple people close to the White House expect Brett Kavanaugh to be President Trump's Supreme Court nominee https://t.co/7zJNdtVwj2
— Capital Journal (@WSJPolitics) July 10, 2018
Final Four becomes Final Two as 9pm announcement nears
Here’s what we know less than an hour from the big announcement at 9pm.
- Two judges were spotted at their homes in Indiana and Michigan.
- Kavanaugh was spotted leaving work with an entourage
- Hardiman is reportedly in DC for a meeting today.
- A handful of red state Democratic senators were invited to the White House for the ceremony - but will not attend.
- Two Republican senators, Susan Collins and Rand Paul, will also not attend.
- Senate minority leader Chuck Schumer says he wants certainty on the nominee’s view on Roe v Wade
- Senate majority leader Mitch McConnell accuses Democrats of using “scare tactics” to drum up resistance to Trump’s nominee
Updated
Second finalist spotted at home in Michigan
Judge Kethledge was spotted at his home in Michigan, according to CNN.
The US marshal outside Judge Kethledge’s house in Michigan confirms to CNN’s Caroline Kelly that Judge Kethledge is home.
— Jake Tapper (@jaketapper) July 10, 2018
Meanwhile, the New York Times is reporting that the judge was informed that he will not be the nominee.
Hearing from Republicans close to White House and process that Kethledge got a call saying he is not the choice for SCOTUS.
— Maggie Haberman (@maggieNYT) July 9, 2018
Updated
The Wall Street Journal is now reporting that Trump is leaning toward Kavanaugh, of the DC Circuit Court of Appeals.
On Monday, Mr. Trump had settled on two finalists and was leaning toward Judge Kavanaugh based on what he saw as an impressive academic pedigree and judicial credentials, one person close to the White House said.
Kavanaugh was a former clerk to Justice Kennedy and a former senior White House official under George Bush. Republicans have expressed some reservations about him in recent days because of his past writing on impeachment.
Nearly 20 years ago, Kavanaugh argued that Bill Clinton “could be impeached for lying to his staff and misleading the public, a broad definition of obstruction of justice that would be damaging if applied to President Trump in the Russia investigation,” the New York Times reported over the weekend.
But according to CNN, Trump’s team was interested in some of Kavanaugh’s later writings, in which he questions indicting a sitting president.
Trump SCOTUS team has looked at Kavanaugh's past comments on indicting a sitting president, we've confirmed. In 2009, Kavanaugh wrote: "The indictment and trial of a sitting President, moreover, would cripple the federal government..." https://t.co/rDHJs5RiUY
— Jim Acosta (@Acosta) July 9, 2018
Conservative commentator Erik Erickson has come around on Kavanaugh in the last few days after some lobbying by the White House.
So late last week I tweeted something critical of Kavanaugh. By the end of the day I'd gotten calls from White House staff, outside people involved in the process, and about a dozen texts from people in and out of the White House defending Kavanaugh.
— Erick Erickson (@EWErickson) July 9, 2018
Updated
Finalist spotted at home ... in South Bend
Judge Amy Coney Barrett, one of Trump’s four finalists to replace Kennedy, was spotted at her home in South Bend, Indiana, less than two hours before the president’s announcement ... in Washington, according to CNN. She was wearing pink shorts and did not appear to be in any sort of a rush to catch a plane to the nation’s capital.
She would not confirm or deny if she’s the president’s choice, CNN said.
Judge Amy Coney Barrett, one of President Trump's possible Supreme Court picks, was just spotted at her home in Indiana. pic.twitter.com/b944lhknQ5
— Meg Wagner (@megwagner) July 9, 2018
Updated
The Guardian’s Ben Jacobs sends this from Washington:
Utah Senator Orrin Hatch spoke to Trump about the nomination about an hour and a half ago, according to a top aide. Hatch has “advocated consistently” for Amy Coney Barrett over the past week but “left that last conversation feeling fairly confident it wouldn’t be Barrett.” However, “until the President makes the announcement official, anything could happen.”
McConnell reportedly told Trump that Barrett would face the hardest path to confirmation and worried that she could alienate two pro-abortion Republicans in the senate.
Updated
Don Jr is out with this PSA ahead of his father’s big announcement
*Flash Flood Warning Tonight at 9PM EST*
— Donald Trump Jr. (@DonaldJTrumpJr) July 9, 2018
This is not a joke. Liberal tears will be flowing like Niagara Falls when #POTUS announces his second #SCOTUS pick.
Please take all necessary precautions & bring an inner tube or boogie board to ride this blue wave. 😂🇺🇸😂🇺🇸😂#maga
Updated
Tonight Donald Trump will make his second nomination to the Supreme Court. His first, Neil Gorsuch, was narrowly approved after Senate Republicans forced through a rule change that eliminated the 60-vote supermajority required to confirm a Supreme Court nominee.
But Trump is bullish on the odds he’ll have more chances to remake the court.
Last year, Axios reported that Trump believes he will appoint as many as four supreme court justices by the end of his first term in office.
According to Axios, citing an anonymous source close to Trump, his predicted Kennedy’s retirement. Then, Trump reportedly reasoned, health issues would take a toll on two other sitting justices. The exchange reportedly went like this:
“Ok,” one source told Trump, “so that’s two. Who are the others?”
“Ginsburg,” Trump replied. “What does she weigh? 60 pounds?”
“Who’s the fourth?” the source asked.
“Sotomayor,” Trump said, referring to the 64-year-old justice appointed by Barack Obama in 2009.
“Her health,” he explained. “No good. Diabetes.”
*It should be noted that this is highly speculative and there is no reason to believe that the justice is in poor health. Sotomayor opened up about her diabetes in 2011.
Updated
Senator Susan Collins , a Maine Republican and a crucial vote who could decide the fate of the nomination, told CNN she was invited to the ceremony tonight but will not attend.
Susan Collins, key swing vote, says she’s not going to WH tonight for SCOTUS event. She says she was invited. She would not comment on any of the four names
— Manu Raju (@mkraju) July 9, 2018
Collins is important because she has said she will not support a nominee who would seek to reverse federal protections for women to access abortions.
She told ABC earlier this month that “a candidate for this important position who would overturn Roe v Wade would not be acceptable to me because that would indicate an activist agenda that I don’t want to see a judge have”.
Republicans have a narrow majority, and if Democrats stay united in opposition , a single Republican defection would tank the nomination. Her opposition to a nominee could also help give cover to vulnerable Democrats under pressure to support Trump’s nominee or face accusations of obstructionism from Republicans in their home states.
Updated
While we wait, here’s Guardian columnist and former NYT executive editor, Jill Abramson, arguing that “Democrats don’t know how to fight anymore”.
Senate Democrats simply do not know how to wage a bare-knuckle fight any more. Without Nancy Pelosi, I doubt they could have won and saved Obamacare, the last truly important battle they won. ...
[Democrats] have lost the devotion of their party’s core constituencies, especially young voters. These voters are woke and virulently anti-Trump. They abhor police misconduct, endemic sexual harassment, babies snatched from their parents at the border and the rise of white nationalist, fascist forces on the right. These and other causes have awakened them. They just stunned the Democratic party and its establishment supporters with the primary victory in New York of Alexandria Ocasio-Cortez.
Senate Democrats need to pay attention and take a page out of Mitch McConnell’s playbook and organize their hearts out, like Ocasio-Cortez. It’s time to fight fire with fire.
Updated
Stocks are rising and falling by the millisecond as the hour ticks closer to the 9pm announcement.
Multiple outlets have confirmed that Trump has made his final decision but who it is remains a mystery ... for now.
The Wall Street Journal reported that “allies of judge Hardiman said they had been told to be ready to start touting the one-time taxi driver’s blue-collar roots, in hopes this would resonate with Mr Trump’s supporters”, according to a person familiar with the matter. It paper added the caveat that it wasn’t clear whether backers of the other judges had been similarly told to prepare in the event their candidate was chosen.
Meanwhile, judge Kavanaugh made a not-so-discreet exit from the courthouse where he works.
Buzz at the US courthouse in DC: Brett Kavanaugh spotted leaving in a black sedan accompanied by four black SUVs with security agents presumed to be Secret Service, per source.
— Peter Baker (@peterbakernyt) July 9, 2018
Updated
There’s some speculation that the 9pm hour for Trump’s announcement was timed to coincide with Sean Hannity’s eponymous show on Fox News, which also begins at 9pm. Hannity is one of the president’s staunchest TV defenders.
Last week the White House hired former Fox News co-president Bill Shine as the White House’s deputy chief of staff for communications and assistant to the president. His appointment came more than a year after he resigned from the network amid allegations that he covered up sexual assault allegations against Roger Ailes, the late former chairman of Fox News.
Apropos, Hannity on radio just now said: "Trump will announce his pick tonight...i kind of like that it's right at the start of Hannity and we get to talk about it first."
— Angelo Carusone (@GoAngelo) July 9, 2018
I may be late to the game on this, but the 9pm Supreme Court reveal is ideal for Trump-whisperer Sean Hannity, whose show on Fox begins at the same time. And former Fox bigwig Bill Shine is now calling the communications plays in the West Wing.
— David Martosko (@dmartosko) July 9, 2018
Hannity, who favors judge Barrett, the socialist conservative Roman Catholic on Trump’s shortlist, played golf with the president in New Jersey on Sunday, according to the NYT.
Democrats are under immense pressure from the liberal base to reject Trump’s nominee for the supreme court.
Tonight activists with the progressive organization Indivisible will gather outside of Schumer’s New York City office urging the minority leader to “whip the vote” against Trump’s pick.
On 7/9 at 5:30 pm join NYC indivisible groups to let @SenSchumer know he has our support to #WhipTheVote & unite Democrats against Trump’s Supreme Court nominee. More info: https://t.co/x4rvBkbHPf #SaveSCOTUS pic.twitter.com/IZkVcAryt6
— Indivisible NationBK (@bkindivisible) July 4, 2018
Schumer has said the Democrats’ strategy will be to persuade two pro-abortion Republican senators that Trump’s nominee is a threat to Roe v Wade, the landmark supreme court case that legalized abortion access nationwide.
But some activists want him to do more – and in some cases more than is possible given the Democrats minority in the Senate.
Updated
A handful of red state Democratic senators were invited to watch the unveiling of Trump’s supreme court nominee in the White House East Room tonight.
Statement from Indiana Senator Joe Donnelly:
“While I appreciate the invitation from the White House to attend this evening’s announcement, I declined so that I can meet first with the nominee in a setting where we can discuss his or her experience and perspectives. In the coming days, I will be reviewing the record and qualifications of the president’s nominee.”
Statement from the office of North Dakota Senator Heidi Heitkamp:
“Senator Heitkamp was invited but isn’t able to attend tonight. She has made clear – as she said to the president in person two weeks ago – that she considers fully vetting supreme court nominees one of the most important jobs of any US senator, and she plans to fulfill that critical duty.”
Tweet from West Virginia Senator Joe Manchin:
I appreciate the President inviting me to attend tonight's announcement at the WH. I look forward to meeting the nominee in a setting where we can discuss his or her experience, judicial philosophy & perspective on access to healthcare for WVians with pre-existing conditions.
— Senator Joe Manchin (@Sen_JoeManchin) July 9, 2018
The Guardian has also confirmed that Alabama Senator Doug Jones was also invited and will not attend.
Updated
Mitch McConnell, the Senate majority leader, could not contain his glee at the prospect of appointing a second conservative judge to the supreme court during his remarks on the Senate floor today.
Mitch McConnell cracks an excitable grin on occasion, but he's on another level right now with this Supreme Court vacancy. pic.twitter.com/HZQP2Vdyib
— Sahil Kapur (@sahilkapur) July 9, 2018
During his speech, McConnell accused Democrats of using “scare tactics” to build a case against Trump’s nominee.
Justice Kennedy’s resignation letter had barely arrived in the president’s hands before several of our Democratic colleagues began declaring their blanket opposition to anyone at all – anyone – that the president might name.
Chuck Schumer, the minority leader, said that the next supreme court nominee will be consequential in deciding “enormously important issues”, specifically healthcare and a woman’s ability to access an abortion.
“ These two rights – affordable health care and women’s freedom to make sensitive health care decisions – hang in the balance with this nominee,” Schumer said in a floor speech ahead of Trump’s announcement.
The New York said it is meaningless for senators to trust that nominees will respect settled law and said that senators should demand an affirmative statement of support for the liberties of all Americans from the next supreme court nominee”.
At this critical juncture, with so many rights at stake, senators and the American people should expect an affirmative statement of support.
The American people deserve to know what kind of a Justice President Trump’s nominee would be. President Trump is the one who made the litmus test for his nominees, not us. The onus is on his nominee to show where he or she might stand.
Considering the ample evidence that President Trump will only select a nominee who will undermine protections for Americans with pre-existing conditions, give greater weight to corporate interests than the interests of our citizens, no matter what precedent says, and vote to overturn Roe v Wade – the next nominee has an obligation – a serious and solemn obligation – to share their personal views on these legal issues, no matter whom President Trump selects tonight.
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Perhaps a bit of wishful thinking on the part of Republican Senator Ted Cruz, who lobbied for his friend and colleague Utah Senator Mike Lee, a long-shot contender for the posting. (The Senate is in session today and Lee’s presence is expected.)
I'm told Mike Lee has been spotted flying to Washington today....
— Ted Cruz (@tedcruz) July 9, 2018
Trump did interview Lee for the post, the senator’s office said.
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As soon as Trump makes his announcement, the conservative organization, Judicial Crisis Network says it will launch a $1.4m national ad buy in Alabama, Indiana, North Dakota and West Virginia featuring an introductory bio spot about the chosen nominee. The ad campaign targets vulnerable incumbent Democrats who are up for re-election in states Trump won handedly.
Joe Donnelly of Indiana, Heidi Heitkamp of North Dakota and Joe Manchin of West Virginia, were the only Democrats to vote for Trump’s first supreme court nominee, Neil Gorsuch and will be under immense pressure from both sides over their vote this time around.
Democrat Doug Jones of Alabama, who is not up for re-election until 2020, has said he will approach the nomination with an open mind.
“I don’t think my role is to rubber stamp for the president, but it’s also not an automatic knee-jerk no, either,” he told CNN.
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Pennsylvania senator Bob Casey, a Democrat, announced his opposition to Trump’s supreme court nominee hours before the president revealed his choice.
The finalists were drawn from a list of 25 candidates shaped by the conservative organizations, the Federalist Society and the Heritage Foundation. Casey argues that it is “outrageous” the president would limit his choice to such a narrow list of pre-approved judges, any of whom he says would be the “fruit of a corrupt process straight from the DC swamp”.
In a nation with over 700 sitting federal judges, many of whom were appointed by Republican presidents, it is outrageous that President Trump will nominate from a list of just 25 dictated to him by the Heritage Foundation.
— Senator Bob Casey (@SenBobCasey) July 9, 2018
President Lincoln called on our nation to work to ensure “… that government of the people, by the people, for the people, shall not perish from the earth.” Instead, the GOP is determined to pack the Court with a government of, by, and for extreme Right corporate interests.
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Who will get the rose?
Donald Trump’s 9pm supreme court announcement will interrupt ABC’s broadcast of The Bachelorette. While the political class cracks jokes about the president’s predilection for reality TV show drama, the show’s host cut through with a PSA for #BachelorNation
Here’s my PSA for #BachelorNation @abcnews will be cutting in at 9/8 ET/CT tonight for SCOTUS announcement. #TheBachelorette will be “paused” and seen in its entirety. Now go have a great day and I’ll see you tonight!
— Chris Harrison (@chrisbharrison) July 9, 2018
To be safe you should extend your recordings of #TheBachelorette tonight by 30 minutes
— Chris Harrison (@chrisbharrison) July 9, 2018
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Trump will announce supreme court pick at 9pm
Donald Trump will reveal his replacement for retiring Justice Anthony Kennedy on the supreme court in a primetime address on Monday evening, a choice that could shift the ideological bent of the nation’s highest court for decades.
I have long heard that the most important decision a U.S. President can make is the selection of a Supreme Court Justice - Will be announced tonight at 9:00 P.M.
— Donald J. Trump (@realDonaldTrump) July 9, 2018
Trump has reportedly narrowed the pool of candidates to four federal appeals court judges.
- Raymond Kethledge, 51, judge on the United States court of appeals for the Sixth Circuit
- Thomas Hardiman, 53, judge on the United States court of appeals for the third circuit
- Brett Kavanaugh, 53, judge on the United States court of appeals for the District of Columbia circuit
- Amy Coney Barrett, 46, judge on the United States court of appeals for the seventh circuit
The announcement will set in a motion a brutal – and expensive – political battle over Trump’s supreme court nominee. Democrats are already mobilizing against the possible contenders, arguing that his choice could help undermine abortion rights, healthcare protections, marriage equality, affirmative action and a host of other issues in ways that could fundamentally reshape American life. Republicans meanwhile are lobbying the White House on behalf of their preferred candidate.
Once Trump names his nominee, all eyes will shift to a handful of moderate Democratic and Republican senators. In the Senate, Republicans hold a slim 51-49 advantage. With the expected absence of Republican senator John McCain due to brain cancer, Republicans only have 50 votes.
Over the weekend, Mitch McConnell, the Senate majority leader, reportedly told Trump that Kethledge and Hardiman likely face the fewest obstacles in the confirmation process.
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