Republicans, Democrats look to use Kavanaugh nomination as …
The campaign is underway.
Not the race for the 2020 Democratic presidential nomination. No mentions of Sens. Kamala Harris, D-Calif., and Elizabeth Warren, D-Mass., or former Vice President Joe Biden.
Its the campaign for the Supreme Court.
Democrats and Republicans will burn tens of millions of dollars in a campaign to confirm Supreme Court nominee Brett Kavanaugh or torpedo his nomination. Everyone will try to force the hands of swing votes like Sens. Lisa Murkowski, R-Alaska, Susan Collins, R-Maine, and Joe Donnelly, D-Ind.
The Kavanaugh nomination is about the midterm elections as much as it is about the balance of power on the Supreme Court.
Republicans have used judicial nominations to gin up their base for years. Theyll certainly attempt to excite Republican voters this fall with Kavanaugh. Many observers see the confirmation as Kavanaugh as a possible path to overturning Roe v. Wade or ruling against the labor movement.
Democrats can play at this game, too.
Democrats have never deployed the issue of judges in quite the same fashion as Republicans. But Democrats have the chance to do so this year. Kavanaughs nomination provides Democrats with a foil even if the Senate confirms the nominee just weeks before the midterms. Naturally Democrats would prefer to derail Kavanaughs nomination. But if Democrats play their cards right, they may be able to invigorate their base especially suburban women and capitalize on Kavanaughs confirmation.
Why havent Democrats exploited the federal judiciary for political gain the way Republicans have?
We are not as Machiavellian as they are, said House Democratic Caucus Vice Chair Linda Sanchez, D-Calif.
But Sanchez says Kavanaughs nomination presents the party with an opening.
Giving Democrats the majority despite Kavanaugh gives Democrats the opportunity to fix some (court) overreaches, said Sanchez.
The Kavanaugh nomination may appear like bad news for Democrats. But if Democrats are crafty enough, they could swivel Kavanaughs confirmation into a midterm battle cry.
Article II, Section 2 of the Constitution requires the Senate to confirm Supreme Court nominees, via Advice and Consent. But the process leading up to that confirmation vote evolved over the years.
Senators never even met with nominees until 1925. Justice Harlan Fiske Stone was the first nominee to appear in person to field questions from the Senate Judiciary Committee ahead of his confirmation to the High Court. Senators raised concerns about Stones ties to Wall Street. The process of a modern confirmation hearing began with the nomination of Justice John Harlan Marshall II in 1955. The advent of television ushered in a different model for a Supreme Court confirmation hearing. It culminated in 1991 with dramatic, wall-to-wall, televised hearings for Supreme Court Justice Clarence Thomas. Anita Hill accused Thomas of sexual harassment when they worked together at the Equal Employment Opportunity Commission (EEOC).
The confirmation process has turned into a political campaign for office, said Ron Bonjean, former communications director for former Senate Majority Leader Trent Lott, R-Miss. You have judges that have brilliant legal minds. But they are literally running for office for the first time. Having a sherpa or a campaign manager help them through the process is extremely useful.
As a result, the nominee, or candidate, as the case may be, spends weeks touring the Senate for conclaves with nearly all 100 senators. Heres where the sherpa comes in. Capitol Hill may only stand 88 feet above sea level. But trekking to the highest court in the land necessitates a political alpinist, lest the nominee plunge into a Senate crevasse.
You can call it a guide. Or sensei. Or teacher. Or whatever. But the sherpa is usually the guide. It is somebody you are looking to as you go through a process, said Bonjean. When you have a sherpa, it is not for the rest of your life. It is usually because you are on a trip and you need help getting from point A to point B.
Bonjean worked with former Sen. Kelly Ayotte, R-N.H., as she served as sherpa to Supreme Court Justice Neil Gorsuch during his confirmation process last year. Bonjean was also once a top aide to former Sen. Jon Kyl, R-Ariz. The Trump Administration tapped Kyl to escort Kavanaugh to his Senate appointments this year.
I would want (Kyl) in my foxhole any day of the week as a legislative sherpa, walking around Brett Kavanaugh, said Bonjean.
Some lament alterations to the contemporary confirmation process. Meeting the nominee used to be rare. Now its not. Hearings didnt happen. Now theyre a marquee event. The same with TV. And as part of that evolution, the campaign for the Supreme Court is here to stay.
Is that a problem?
Theres been talk in Major League Baseball of late about shifts. Thats where the team in the field adjusts to the trends of the batter, repositioning defenders accordingly. For a left-handed pull hitter, the third baseman stands close to second base, the shortstop is where the second baseman usually plays and the second baseman patrols short right field. Baseball Commissioner Rob Manfred is considering proposals to police defensive shifts, regulating their use and restricting where players may stand.
The solution for hitters? Adjust. Choke up on the bat. Cue a flair into left field. Drop a bunt down the abandoned third base line. Granted, tweaking the way you hit is easier said than done. But there are always options.
If senators and the public dont like how Supreme Court nominees now must run a campaign, consider ways to overcome the shift on Capitol Hill.
Lisa Murkowski is one of the most-watched senators in this campaign. A defection by Murkowski or fellow Republican Susan Collins could upend the nomination. The Senate functions with a narrow 50-49 GOP edge these days. Sen. John McCain, R-Ariz., remains out, suffering from brain cancer.
Its okay to take it slow, said Murkowski who opposes an expedited track for Kavanaugh. In fact, the Alaska Republican observed that lawmakers on both sides made snap judgments about Kavanaugh, minutes after President Trump unveiled his nominee.
There is such an immediate reaction, both pro and con, said Murkowski. They seem to be so absolute in their opinion. They believe that he should be absolutely confirmed or absolutely not confirmed.
Every senator is seeking something different in the confirmation process, right down to the nominees judicial philosophy.
Im looking for a cross between Socrates and Dirty Harry, opined Sen. John Kennedy, R-La., a member of the Senate Judiciary Committee.
In 2017, three Democratic senators voted to confirm Gorsuch: Sens. Heidi Heitkamp, D-N.D., Joe Manchin, D-W.Va., and Joe Donnelly. All three face challenging re-election bids in red states this November. But theres another factor in the Kavanaugh campaign which didnt exist last year. Thats the election of Sen. Doug Jones, D-Ala. No other Democratic senator represents a constituency as conservative as the one Jones has in Alabama.
Theres a good chance we pick up a number of Democrats, observed Sen. Richard Shelby, R-Ala., about the Kavanaugh nomination. It would serve Jones well in the state of Alabama to support a conservative judge for the Supreme Court.
When initially asked about his take on Kavanaugh, Jones replied I havent done that deep a dive yet.
Democrats hope to slow down Kavanaughs nomination to parse his voluminous record. Thats an important tactic. The more time to study, the better the chances Democrats find a tripwire for Kavanaugh.
On Thursday, the Trump Administration yanked the nomination of Ryan Bounds for the Ninth Circuit Court of Appeals, moments before his confirmation vote. The nominee lacked the votes after senators unearthed controversial writings from Bounds.
Democrats immediately seized on Bounds writings as an undergraduate at Stanford as a reason Senate Republicans should grant them ample time to review Kavanaughs record.
This shows when you first ask for writings, maybe they dont show you everything, said Sen. Jeff Merkley, D-Ore., of Bounds. The same rule should apply to Kavanaugh.
But dragging it out could backfire on Democrats. Sure, Senate Majority Leader Mitch McConnell, R-Ky., prefers to confirm Kavanaugh when the Supreme Courts new term starts October 1. But McConnell could call the Democrats bluff and schedule the confirmation vote as close to the midterm elections as possible. That would apply maximum pressure on Democrats from battleground states to vote yes.
After all, this nomination isnt just about the Supreme Court. Its a campaign for the midterms.
Capitol Attitude is a weekly column written by members of the Fox News Capitol Hill team. Their articles take you inside the halls of Congress, and cover the spectrum of policy issues being introduced, debated and voted on there.
See the article here:
Republicans, Democrats look to use Kavanaugh nomination as ...
- LEADER JEFFRIES: WERE NOT GOING TO LET REPUBLICANS DIVIDE US OR DISTRACT US FROM THE MISSION OF PROTECTING THE HEALTHCARE OF THE AMERICAN PEOPLE ... - September 21st, 2025 [September 21st, 2025]
- Finley: Republicans running toward Trump this time - The Detroit News - September 21st, 2025 [September 21st, 2025]
- The Republicans Who Are Quietly Intervening to Help Immigrants in Custody - The Wall Street Journal - September 21st, 2025 [September 21st, 2025]
- From red to green? Tip the hat to Republicans standing up for conservation | R. Bruce Anderson - Lakeland Ledger - September 21st, 2025 [September 21st, 2025]
- House Oversight Republicans give readout of Alex Acosta's Epstein interview - Live Updates - Politico - September 21st, 2025 [September 21st, 2025]
- Republicans outlook on the direction of the country has soured dramatically, poll finds - Los Angeles Times - September 21st, 2025 [September 21st, 2025]
- Ted Cruz breaks with fellow Republicans and condemns government threats against US broadcasters - Reuters - September 21st, 2025 [September 21st, 2025]
- 12 new GOP seats out of thin air? Republicans are halfway there - CNN - September 19th, 2025 [September 19th, 2025]
- Pessimism about the direction of the country is growing among Republicans - AP-NORC - September 19th, 2025 [September 19th, 2025]
- List of Republicans Who Voted Against Trump-Backed Bill to Avoid Shutdown - Newsweek - September 19th, 2025 [September 19th, 2025]
- Video House passes Republicans' short-term government funding bill to avert shutdown - ABC News - Breaking News, Latest News and Videos - September 19th, 2025 [September 19th, 2025]
- DNC Chair Slams Republicans for Voting to Send Health Insurance Premiums Skyrocketing and Shut Down the Government - Democrats - September 19th, 2025 [September 19th, 2025]
- MEMO: Republicans Are Shutting Down the Government to Continue Their War on Health Care - Protect Our Care - September 19th, 2025 [September 19th, 2025]
- Senate confirms 48 Trump nominees in single vote, after Republicans went nuclear to speed up confirmations - CNN - September 19th, 2025 [September 19th, 2025]
- Pallone: Republicans Have Created a Health Care Crisis - Insider NJ - September 19th, 2025 [September 19th, 2025]
- Lets look at this as adults: Republicans divided over going after the left following Kirks assassination - CNN - September 19th, 2025 [September 19th, 2025]
- Breaking News: A shutdown looms after Senate Democrats and Republicans blocked competing plans to keep the government open. - Facebook - September 19th, 2025 [September 19th, 2025]
- ICYMI: Ways and Means Committee Republicans Reject Larson Amendments to Protect Social Security from Trump and DOGE Attacks - Congressman John Larson... - September 19th, 2025 [September 19th, 2025]
- Trump pressures Republicans to pass a continuing resolution to avert a government shutdown - Fox News - September 17th, 2025 [September 17th, 2025]
- Republicans on the Hook for Government Shutdown - Navigator Research - September 17th, 2025 [September 17th, 2025]
- Kansas Republicans yearn to touch the hot stove of redistricting. Well see if they get burned. - Kansas Reflector - September 17th, 2025 [September 17th, 2025]
- Republicans are making voter registration gains ahead of the midterms: From the Politics Desk - NBC News - September 17th, 2025 [September 17th, 2025]
- Trump Says Republicans Will Host a Midterm Convention Next Year - The New York Times - September 17th, 2025 [September 17th, 2025]
- Senator Murray Remarks on Republicans Refusal to Negotiate Bipartisan Legislation to Keep Government Open - Senator Patty Murray (.gov) - September 17th, 2025 [September 17th, 2025]
- Killing the American Dream: How Republicans are Closing the Door on Working and Middle-Class Students - EdTrust - September 17th, 2025 [September 17th, 2025]
- Republicans unveil a bill to fund the government through Nov. 21. Democrats call it partisan - NBC10 Philadelphia - September 17th, 2025 [September 17th, 2025]
- Republicans Have No Concern That Trump Is Using the Military to Kill Alleged Drug Smugglers - NOTUS - September 17th, 2025 [September 17th, 2025]
- Republicans Release Stopgap Funding Bill as Democrats Double Down on Opposition - Barron's - September 17th, 2025 [September 17th, 2025]
- Republicans Escalate Their War on Americas Cities - The American Prospect - September 15th, 2025 [September 15th, 2025]
- Capitol agenda: Republicans to reveal funding bill, testing Democrats in shutdown showdown - Politico - September 15th, 2025 [September 15th, 2025]
- Republicans admit its inevitable Congress will force Trump to release the Epstein files: report - The Independent - September 15th, 2025 [September 15th, 2025]
- Two House Republicans oppose Johnsons spending plan amid conservative grumbling - Politico - September 15th, 2025 [September 15th, 2025]
- Republicans are using an arcane oversight rule to permanently dismantle federal land protections - Grist.org - September 15th, 2025 [September 15th, 2025]
- Kansas Republicans say the state will lose $10.4 million this week. Will it happen? - thebeaconnews.org - September 15th, 2025 [September 15th, 2025]
- Republicans Must Stand Their Ground On Enhanced Obamacare Subsidies - Forbes - September 15th, 2025 [September 15th, 2025]
- Republicans from across Tennessee Valley gather in Huntsville to honor Charlie Kirk - 1819 News - September 15th, 2025 [September 15th, 2025]
- California Republicans pushing to get voter ID initiative onto 2026 ballot - Los Angeles Daily News - September 15th, 2025 [September 15th, 2025]
- Penn College Republicans hosts vigil for assassinated conservative activist Charlie Kirk - The Daily Pennsylvanian - September 15th, 2025 [September 15th, 2025]
- Daviess County Republicans come together to Stand for Peace after Charlie Kirk assassination - 14 News - September 15th, 2025 [September 15th, 2025]
- Missouri approves Trump-supported redistricting plan that may benefit Republicans - NPR - September 15th, 2025 [September 15th, 2025]
- Republicans admit its inevitable Congress will force Trump to release the Epstein files: report - yahoo.com - September 15th, 2025 [September 15th, 2025]
- Wall Street Journal Says This Failure By Republicans Will Come Back To Haunt Them - HuffPost - September 15th, 2025 [September 15th, 2025]
- Republicans are trying to raise the bar for voters to amend their state constitutions - NBC News - September 13th, 2025 [September 13th, 2025]
- North Carolina Republicans blame Democrats for 'woke' policies they say contributed to Charlotte light-rail stabbing - ABC News - September 13th, 2025 [September 13th, 2025]
- Senate Republicans trigger 'nuclear option,' changing rules to speed up Trump nominees - NBC News - September 13th, 2025 [September 13th, 2025]
- Missouri approves Trump-supported redistricting plan that may benefit Republicans - KUOW - September 13th, 2025 [September 13th, 2025]
- Senate Republicans turn to nuclear option to speed confirmation of Trump nominees - Oregon Public Broadcasting - OPB - September 13th, 2025 [September 13th, 2025]
- Missouri Republicans approve redistricting that gives GOP additional seat in Congress - The Guardian - September 13th, 2025 [September 13th, 2025]
- Cosplaying as D.C. Council, House Republicans advance dozen-plus bills targeting city they dont represent - The 51st - September 13th, 2025 [September 13th, 2025]
- Tyler Robinsons grandmother says their entire family are Republicans: I dont know a single Democrat - Newswav - September 13th, 2025 [September 13th, 2025]
- Republicans Champion Innovative and Affordable Housing at HUD Showcase on the National Mall - House Republicans (.gov) - September 13th, 2025 [September 13th, 2025]
- Charlie Kirk told young Republicans to speak up. Now they run the White House. - Politico - September 13th, 2025 [September 13th, 2025]
- Surveys Show Republicans and Democrats Are Moving Further Apart - The Wall Street Journal - September 11th, 2025 [September 11th, 2025]
- Democrats and Republicans disapprove of Medicare, Medicaid cuts, Northeastern research finds - Northeastern Global News - September 11th, 2025 [September 11th, 2025]
- US Senate Republicans narrowly reject Schumer bid to force vote on Epstein files - Reuters - September 11th, 2025 [September 11th, 2025]
- Republicans Use Funding Bill to Dismantle Our Health Care System and Attack Public Education - House.gov - September 11th, 2025 [September 11th, 2025]
- Don't call it the Big Beautiful Bill. Kansas Republicans in on rebrand - The Topeka Capital-Journal - September 11th, 2025 [September 11th, 2025]
- Fellow Republicans, friends remember Charlie Kirk, shot and killed while speaking at university event in Utah - CBS News - September 11th, 2025 [September 11th, 2025]
- Maine Republicans urge Trump to revoke offshore wind leases, citing fishing industry risks - WGME - September 11th, 2025 [September 11th, 2025]
- Assembly Republicans announce scattered package of education bills and task forces - Wisconsin Examiner - September 11th, 2025 [September 11th, 2025]
- Charlie Kirks killing created a powder keg. Why are Republicans waving matches around? - San Francisco Chronicle - September 11th, 2025 [September 11th, 2025]
- Republicans Call on Evers to Keep Klein Hall Open - WEAU - September 11th, 2025 [September 11th, 2025]
- Missouri House Set to Vote on Map That Boosts Republicans - The New York Times - September 9th, 2025 [September 9th, 2025]
- Republicans in Congress are eager for Trump to expand his use of the military on US soil - AP News - September 9th, 2025 [September 9th, 2025]
- Will Republicans in Congress finally stand up to Trump? - The Guardian - September 9th, 2025 [September 9th, 2025]
- Why Republicans are avoiding their favorite target in Californias redistricting fight - CalMatters - September 9th, 2025 [September 9th, 2025]
- Republicans dismiss Epstein letter seemingly signed by Trump: Not his signature - KWTX - September 9th, 2025 [September 9th, 2025]
- California Republicans energized by their opposition to Newsom's redistricting special election - Los Angeles Times - September 9th, 2025 [September 9th, 2025]
- Congressional Republicans Are Poised to Slash Millions from Student-Support Programs - The Chronicle of Higher Education - September 9th, 2025 [September 9th, 2025]
- California Republicans say redistricting battle should play out in the state, not Congress - Times of San Diego - September 9th, 2025 [September 9th, 2025]
- Republicans move to create mandatory sentences and cash bail in DC - Straight Arrow News - September 9th, 2025 [September 9th, 2025]
- Republicans grapple with internal divide over Obamacare credits - Semafor - September 9th, 2025 [September 9th, 2025]
- Senate Republicans prepare to 'go nuclear.' What does that mean? - Deseret News - September 9th, 2025 [September 9th, 2025]
- Republicans in Congress are eager for Donald Trump to expand his use of the military on U.S. soil - Inquirer.com - September 9th, 2025 [September 9th, 2025]
- Missouri House Republicans give initial approval to initiative petition reform - ABC17NEWS - September 9th, 2025 [September 9th, 2025]
- Morning Digest: Kansas Republicans want to gerrymander. They have a few problems. - The Downballot - September 9th, 2025 [September 9th, 2025]
- House Republicans Vote to Affirm House Oversight Committee Investigation into Epstein Files - Congressman Mike Johnson (.gov) - September 6th, 2025 [September 6th, 2025]
- The monarchy must win over teenage patriotic republicans - The Times - September 6th, 2025 [September 6th, 2025]
- House Republicans split with Trump team over 'very frustrating' funding fight as shutdown looms - Fox News - September 6th, 2025 [September 6th, 2025]
- Even some Republicans are growing weary of RFK Jr. but are they willing to act? - MSNBC News - September 6th, 2025 [September 6th, 2025]