D.C. Circuit Judge Brett Kavanaugh was confirmed Saturday (October 6) by the Senate in a 50-48 vote. He took the oath of office and was sworn in by Chief Justice Roberts and his now predecessor Justice Kennedy.
Kavanaugh was confirmed by a bipartisan 50, but only just. Senator Joe Manchin (D-WV) broke ranks with the Democrats to vote yes. Senator Lisa Murkowski (R-AK) went the other way and had planned to vote against his confirmation but voted “present” instead to allow Senator Steve Daines (R-MT) to stay home in Montana for his daughter’s wedding rather than have to fly back to Washington to vote.
Kavanaugh is no stranger to labored confirmation battles. His path from nomination to confirmation on the D.C. Circuit took three years. But Kavanaugh’s 89-day trip from nomination to confirmation this time around was packed with more tumult and turmoil than those three years combined—times ten.
In the wake of sexual assault allegations from Dr. Christine Blasey Ford, Deborah Ramirez, Julie Swetnick and others, Kavanaugh took an offensive stance with a Fox News interview, an angry and combative second round of testimony before the Senate Judiciary Committee, and an op-ed in the Wall Street Journal touting his independence after making blatant partisan comments in his testimony—behavior the American public had not ever seen before from a nominee to the highest court.
Kavanaugh’s confirmation marks a new era for the court that now has steadfast right lean. After his swearing in, Kavanaugh will “begin to participate in the work of the court immediately,” according to a press release from the Supreme Court.
Kavanaugh is the 69th federal judge nominated and confirmed by President Trump. His successful confirmation leaves a seat open on the D.C. Circuit. Trump has already successfully confirmed Judge Katsas to the D.C. Circuit, so today’s confirmation will give him a second seat to fill on the second most influential court.
