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title: Donald Trump’s Supreme Court Pick Really Matters
description: If confirmed to the Supreme Court, Brett Kavanaugh could solidify a conservative majority on the court for decades.
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author: Brian Bennett
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article:published_time: 2018-07-10T06:39:09.000Z
article:modified_time: 2026-10-12T09:33:42.313Z
article:section: Politics
og:title: How President Trump’s Supreme Court Pick Could Change the U.S.
og:description: A decision with major consequences.
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twitter:title: How President Trump’s Supreme Court Pick Could Change the U.S.
twitter:description: A decision with major consequences.
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# How President Trump’s Supreme Court Pick Could Change the U.S.

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<!-- video src="https://cdn.jwplayer.com/manifests/stbeNPkC.m3u8" -->
## Video: What’s Next for Supreme Court Nominee, Brett Kavanaugh?

[Watch (HLS stream): What’s Next for Supreme Court Nominee, Brett Kavanaugh?](https://cdn.jwplayer.com/manifests/stbeNPkC.m3u8) (3:35)

![What’s Next for Supreme Court Nominee, Brett Kavanaugh?](https://cdn.jwplayer.com/v2/media/stbeNPkC/poster.jpg?width=720)

_Published 2018-07-11. Confirmation battle begins over Trump’s nominee._


![Brian Bennett](https://static.time.com/v3/assets/bltea6093859af6183b/blt61e129a901c6a892/698a3dde47ca3855003badce/Brian-Bennett-head-shot.jpeg?branch=production&width=1200&quality=75&auto=webp&crop=1:1)

by 

[Brian Bennett](https://time.com/author/brian-bennett/)


![Brian Bennett](https://static.time.com/v3/assets/bltea6093859af6183b/blt61e129a901c6a892/698a3dde47ca3855003badce/Brian-Bennett-head-shot.jpeg?branch=production&width=96&quality=75&auto=webp)

## Brian Bennett


Bennett is a former senior White House correspondent at TIME.

Jul 10, 2018 6:39 AM UTC

Confirmation battle begins over Trump’s nominee. 

![Brian Bennett](https://static.time.com/v3/assets/bltea6093859af6183b/blt61e129a901c6a892/698a3dde47ca3855003badce/Brian-Bennett-head-shot.jpeg?branch=production&width=1200&quality=75&auto=webp&crop=1:1)

by 

[Brian Bennett](https://time.com/author/brian-bennett/)


![Brian Bennett](https://static.time.com/v3/assets/bltea6093859af6183b/blt61e129a901c6a892/698a3dde47ca3855003badce/Brian-Bennett-head-shot.jpeg?branch=production&width=96&quality=75&auto=webp)

## Brian Bennett


Bennett is a former senior White House correspondent at TIME.

Jul 10, 2018 6:39 AM UTC

President Donald Trump considers himself a master showman, having honed the ability to build suspense over 14 seasons of reality television, a convention-shattering presidential campaign and nearly 18 months in office.

His tightly orchestrated wind-up announcing Brett Kavanaugh as his latest pick for the Supreme Court bore all the hallmarks of a matchmaking show, but, unlike some of his other staged events, the hype, the pageantry and the photo op Trump relishes is backed up by serious consequence.

If confirmed, Kavanaugh could solidify a conservative majority on the court for decades and with it likely advance efforts to strip power from regulatory agencies, slow the expansion of gay rights, strengthen gun rights, and, Democrats warn, open the door for states to chip away at access to abortions.

Before Trump walked out to make his prime time announcement Monday night, a parade of conservative luminaries and Administration officials filed into the East Room of the White House to sit on gilded folding chairs set out in a wide arch around a lectern. Melodies from a Marine Corps jazz ensemble could be heard coming from the room next door. As the audience took their seats, the music stopped. Two large wooden doors behind the podium slid open and Trump walked out.

The press had spent the day chasing rumors of Trump talking to friends and aides about narrowing his picks. Reporters saw Kavanaugh leave the U.S. District Court of Appeals earlier in the day in what seemed to be a White House motorcade. As the day progressed, other potential nominees, including [Amy Coney Barrett](http://time.com/5329654/donald-trump-supreme-court-nominees/) and [Raymond Kethledge](http://time.com/5329654/donald-trump-supreme-court-nominees/) were spotted in their homes out of state.


Taking the lectern Monday night, Trump went out of his way to praise Anthony Kennedy, who told Trump he was retiring twelve days before, and the late Justice Antonin Scalia’s widow Maureen for coming to the White House. It was Scalia’s death in 2016, and the Republican blockade that followed, that created the vacancy for Trump to [nominate last year](http://time.com/4732973/neil-gorsuch-sworn-in-supreme-court/) Supreme Court Justice Neil Gorsuch.

“Both Justice Kennedy and Justice Scalia were appointed by a President who understood that the best defense of our liberty and a judicial branch immune from political prejudice where judges that apply the Constitution as written. That President happened to be Ronald Reagan,” Trump said, pausing to recognize Reagan’s Attorney General, Edwin Meese, who has been an architect of a decades-long effort to seed the federal judiciary with conservative thinkers.

![donald-trump-brett-kavanaugh-supreme-court-nominee](https://static.time.com/v3/assets/bltea6093859af6183b/blt7079185b7411c34c/698934f0fb4eac6b67897134/donald-trump-brett-kavanaugh-supreme-court-nominee-1.jpg?branch=production&width=1200&quality=75&auto=webp)

President Trump nominates Judge Brett Kavanaugh to the Supreme Court during an event in the East Room of the White House in Washington on July 9, 2018. Gabriella Demczuk for TIME


Trump then [introduced Kavanaugh](http://time.com/5334098/donald-trump-brett-kavanaugh-supreme-court/), gesturing to this right, where a heavy wooden door swung open and Kavanaugh, his wife and two young daughters took the stage next to Trump. The President dwelled on Kavanaugh’s Ivy League credentials, which were a focus of Trump’s during the selection process, and the fact that, like Gorsuch, Kavanaugh had also clerked for Justice Kennedy. Trump also praised Kavanaugh’s dedication to tutoring children in local elementary schools and coaching his daughters on their basketball team.

When Kavanaugh came to the microphone, he laid out his judicial philosophy, saying a judge “must be independent and must interpret the law, not make the law” and interpret “the Constitution as written, informed by history and tradition and precedent.” He’s taught “hundreds” of students, primarily at Harvard Law School, that the separation of powers enshrined in the Constitution “protects individual liberty,” he said, and added that he’s “grateful” to have been hired by Justice Elena Kagan.


As a circuit court judge, the majority of his law clerks have been women, Kavanaugh said. He described his mom as a “trailblazer,” who started as an elementary school teacher before attending law school, becoming a prosecutor and eventually a judge.

**Read More:** [_Legal Experts Say President Trump’s Supreme Court Pick Reflects GOP Mainstream_](http://time.com/5334234/donald-trump-brett-kavanaugh-supreme-court-experts/)

“One of the few women prosecutors at 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 said.

Kavanaugh’s description of the crucial role women have played in his life and career seemed directed at shoring up support with Republican Sens. Susan Collins of Maine and Lisa Murkowski of Alaska. Both senators said in statements Monday night that they look forward to their in-person meetings with Kavanaugh. Kavanaugh said he would start meeting senators on Tuesday.


With Republicans controlling the Senate by a narrow margin, GOP leaders are gearing up for a grinding Supreme Court nomination fight.

“It will be very difficult for Democrats particularly those in red states to vote against him, except for rank political motives,” said Carrie Severino, chief counsel and policy director at the Judicial Crisis Network, a conservative legal organization. Kavanaugh has “stellar” qualifications, she said.

Liberal activists are preparing to launch a robust campaign against Kavanaugh over concerns about his originalist views on how to interpret the Constitution. Kavanaugh’s nomination “sets in motion a hard right turn for the country that may be irreversible in our lifetime,” said Nan Aron, the president of Alliance for Justice, a liberal group that has studied Kavanaugh’s judicial opinions. If Kavanaugh is confirmed, Aron predicts the court’s future opinions would also roll back consumer protections, clean air and water regulations.


“The stakes for our democracy are as high as they have ever been, if not higher,” Aron said. “We will not accept Donald Trump’s vision for America or the court,” she said.

That’s the same kind of hyperbolic language that Trump himself likes to employ as he extols his own decisions, many of which turn out to be a lot less than advertised. But in this case, both Trump and his critics agree about the size of the stakes.


## Transcript

[ MUSIC ] On Monday night Trump who ran as a DC outsider nominated an ultimate DC insider for the Supreme Court. Tonight it is my honor and privilege to announce that I will nominate Judge [ UNKNOWN ] to the United States supreme court. [ UNKNOWN ] is a conservative [ UNKNOWN ] judge from the US court of appeals for the DC circuit often regarded as the second most powerful court in the country. The court also produce current justices Ruth Bader Ginsberg, John Roberts and Clarence Thomas. Cavanaugh has a pedigree that seems like it's straight out of Supreme Court central casting. He graduated from Yale Law School, clerked for retiring Justice Kennedy, and in served in both Bush administrations before being confirmed to the federal bench.

If confirmed at age 53. Cavanaugh could solidify a conservative majority on the court for decades. When accepting the nomination, Kavanaugh emphasized the importance of judicial impartiality. My judicial philosophy is straightforward. A judge must be independent, and must interpret the law, not make the law. If confirmed by the Senate I will keep an open mind in every case. But looking back at his track record, critics of his nomination say that Kavanaugh's nomination could have big consequences for gay rights, gun control, and women's health, including access to abortions. Senate Minority Leader Chuck Schumer declared this.

For every American who cares about women's health, about protections for people with preexisting conditions, about civil rights, labor rights, LGTBQ rights, environmental rights, now is the time to fight. Cavanaugh has not outrightly opposed Roe v. Wade or same sex marriage, but he recently decented in a case that asked if the government should allow an abortion for an undocumented teen immigrant. Cavanaugh was asked about his stance on Roe v. Wade during his confirmation to the D. C. circuit. If confirmed to the D. C. circuit I would follow Roe v. Wade faithfully and fully. I would be binding precedent of the court.

But what is your opinion? You're not on the bench yet. You've talked about these issues in the past to other people, I'm sure. Yes, the Supreme Court has held repeatedly, senator and I don't think it would be appropriate for me to give a personal view on the case. And you can't answer the question. Kavanaugh's nomination could also have major implications for special counsel Robert Mueller Russia investigation. After his experience investigating then President Clinton, Kavanaugh argued that presidents should be exempt from time- consuming and distracting lawsuits, and investigations, which would ill serve the public interest.

Especially in times of financial or national, Security crisis. Trump's nomination will require 51 votes from the Senate for confirmation. Because republicans control the Senate, democrats will face an uphill battle to reject Cavanaugh. Key republican moderates Susan Collins and Lisa Murkowski who both support abortion rights are already targets of democrat's fierce lobbying efforts. But Collins who voted for Cavanaugh as a federal judge has already shared some praise for the nominee. When you look at the credentials that Judge Cavanaugh brings to the job it will be very difficult for anyone to argue that he's not qualified.

However, Cavanaugh's extensive legal history could slow down the confirm [ UNKNOWN ] process as their will be plenty of material to review. Republicans will race to confirm [ UNKNOWN ] before the Supreme Court session begins in October. And well before mid terms in November. But for now [ UNKNOWN ] has already begun meeting with Senators on the hill.

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