#OnThisDay October 6, 2018: Court Shift
The United States Senate Confirmed Brett M. Kavanaugh As An Associate Justice Of The Supreme Court By A Vote Of 50–48. The Nomination Process Had Begun On July 9, 2018, When President Donald Trump Selected Kavanaugh To Succeed Retiring Justice Anthony Kennedy. Kavanaugh At That Time Served On The U.S. Court Of Appeals For The District Of Columbia Circuit, A Role He Had Held Since 2006.
The Confirmation Vote In 2018 Was Historically Narrow. The Senate Judiciary Committee Had Voted 11–10 Along Party Lines To Advance The Nomination To The Full Senate. Before The Final Vote, The Senate Invoked Cloture On October 5 By A 51–49 Margin To End Debate, Using A Simple Majority Rule That Had Been Enabled By Senate Rule Changes Permitting Supreme Court Nominations To Proceed By Simple Majority Rather Than A Supermajority. The Final Vote Was One Of The Closest In Supreme Court History; Only The 1881 Confirmation Of Stanley Matthews Had A Smaller Margin.
During The Confirmation Process, Several Women Came Forward With Allegations Of Sexual Misconduct Against Kavanaugh, Including Christine Blasey Ford. Ford Testified Before The Senate Judiciary Committee, And The Committee Held A Supplemental Hearing To Consider Her Allegations. Kavanaugh Denied The Claims. The Senate Agreed To A Limited Supplemental FBI Investigation Prior To The Final Vote. The Investigation Was Restricted In Scope And Duration, And Senators Reviewed The Report In Private Before Voting.
In The Full Senate Vote, All Republicans Present Voted To Confirm, Except Senator Lisa Murkowski Who Voted “Present” To Pair With The Absent Republican Senator Steve Daines, Who Supported The Nomination But Was Absent For Personal Reasons (His Daughter’s Wedding). All Democrats Voted Against The Nomination Except Senator Joe Manchin, Who Broke Ranks To Vote Yes. The Pairing Of Murkowski And Daines Was A Rare Senate Custom That Allowed Their Votes To Cancel Out Without Changing The Margin.
The Confirmation Of Kavanaugh Marked A Significant Moment In American Judicial History. It Solidified A Conservative Tilt On The Supreme Court That Aligned With President Trump’s Judicial Agenda. The Appointment Also Highlighted The Increasing Polarization Of The Confirmation Process, Where Judicial Nominations Became Subject To Intense Political, Personal, And Cultural Conflict. The Narrow Margin And The Nature Of The Accusations Reinforced The View That Supreme Court Seats Could Be Decided By Razor-thin Party Divides.
Kavanaugh Was Sworn In Later On October 6 In A Private Ceremony Administered By Chief Justice John Roberts And Former Justice Anthony Kennedy, Whom He Replaced. A Public Swearing-In Followed At The White House On October 8. Upon Taking Office, Kavanaugh Became The 114th Justice Of The Supreme Court.
The 2018 Confirmation Also Had Lasting Effects On Senate Procedures And Norms. The Use Of The “Nuclear Option” To Allow Supreme Court Confirmations By Simple Majority, Already Applied For Other High Court Seats, Proved Critical To Overcoming Filibuster Obstacles. The Process Around Kavanaugh Cemented That Majority Party Control Over The Senate Could Unilaterally Advance And Confirm Supreme Court Nominees, Even Against Unified Opposition From The Minority.
In The Broader Historical Arc, Kavanaugh’s Confirmation Signaled That Supreme Court Nominations Would No Longer Be Insulated From Partisan Conflict To The Degree They Had In The Past. Future Nominations Would Be Understood Through The Lens Of Political Strategy And Media Pressure. The Intensity Of The Battle Over Kavanaugh Demonstrated That The Supreme Court Had Become A Central Arena For Cultural And Political Struggles Over Issues Like Reproductive Rights, Executive Power, Regulatory Authority, And Individual Liberties.
Given The Narrow Margin And The Controversy, The 2018 Confirmation Remains A Defining Moment In The Modern Era Of American Constitutional Politics.
References / More Knowledge:
“Roll Call Vote 115th Congress – 2nd Session – Senate.gov,” Senate.gov. https://www.senate.gov/legislative/LIS/roll_call_votes/vote1152/vote_115_2_00223.htm
“PN2259 — Brett M. Kavanaugh — Supreme Court of the United States,” Congress.gov. https://www.congress.gov/nomination/115th-congress/2259
“Decade In Review: Justice Brett Kavanaugh’s Confirmation Hearing,” SCOTUSblog, December 31, 2019. https://www.scotusblog.com/2019/12/decade-in-review-justice-brett-kavanaughs-confirmation-hearing/
“Kavanaugh’s Confirmation Process: Democrats In The Senate,” SCOTUSblog. https://www.scotusblog.com/2018/07/kavanaughs-confirmation-process-democrats-in-the-senate/
“Nomination Of The Honorable Brett M. Kavanaugh To Be An Associate Justice Of The Supreme Court Of The United States,” U.S. Senate Judiciary Committee. https://www.judiciary.senate.gov/committee-activity/hearings/nomination-of-the-honorable-brett-m-kavanaugh-to-be-an-associate-justice-of-the-supreme-court-of-the-united-states
“Brett Kavanaugh Supreme Court Nomination,” Wikipedia. https://en.wikipedia.org/wiki/Brett_Kavanaugh_Supreme_Court_nomination