President Donald Trump announced on Monday evening that he would nominate Judge Brett Kavanaugh to be a Supreme Court justice, setting up a major confirmation battle in the Senate as Trump moves to dramatically reshape the court.

The nomination comes less than two weeks after Justice Anthony Kennedy, long a swing-vote on the deeply divided court, announced his retirement, handing Trump the second vacancy of his presidency.


Kavanaugh, 53, has served on the prestigious U.S. Court of Appeals for the D.C. Circuit since 2006. A former Kennedy clerk and aide to President George W. Bush, Kavanaugh is widely revered in conservative legal circles.

He also worked for independent counsel Kenneth Starr, whose investigation led to the eventual impeachment of President Bill Clinton. In a point sure to be brought up by Democrats, Kavanaugh was a lead author of the controversial Starr report.

“What matters is not a judge’s political views but whether they can set aside those views to do what the law and the Constitution require,” Trump said in announcing his pick. “Tonight it is my honor and privilege to announce that I will nominate Judge Brett Kavanaugh to the United States Supreme Court.”

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Kavanaugh was greeted by sustained applause.

“They do not stand and give applause like that very often,” Trump quipped.

He went on to hail Kavanaugh, praising his “impeccable credentials,” dedication to “equal justice under the law,” and calling him “one of the finest and sharpest legal minds of our time.”

“There is no one in America more qualified for this position and no one more deserving,” Trump declared.

Kavanaugh, who was joined at the ceremony by his wife Ashley and two daughters, struck a grateful and deferential tone.

“Throughout this process I’ve witnesses firsthand your appreciation for the vital role of the American judiciary,” Kavanaugh said, complimenting Trump for consulting a wide range of advisers as he made the decision. “Mr. President, I am grateful to you and I am humbled by your confidence in me.”

“My judicial philosophy is straightforward: A judge must be independent and must interpret the law, not make the law,” he declared. “A judge must interpret statues as written and a judge must interpret the Constitution as written, informed by history and tradition and precedent.”

Kavanaugh also sought, at times, to strike a non-partisan tone.

Speaking of his colleagues on the D.C. Circuit Court, he called each “a friend,” and declared he was grateful to the Harvard dean who hired him: Justice Elena Kagan.

He added that his law clerks “come from diverse backgrounds and points of view,” and noted that more than half have been women.

The night was one of near-jubilant celebration for Republicans, a moment of ringing unity even as some within the party remain deeply uncomfortable with Trump.

Kavanaugh was seen as safe choice for Trump. He has the traditional resume of a Supreme Court Justice – a Yale law degree, a Supreme Court clerkship under Kennedy, more than a decade on the Circuit Court – and he is well-regarded in academic and political circles.

He beat out three other circuit court judges who were among Trump’s finalists: Judges Amy Coney Barrett, Raymond Kethledge and Thomas Hardiman.

With a large body of work, Kavanaugh will present unique confirmation challenges. Republicans hold just 51 senate seats and, with Sen. John McCain in treatment for cancer in Arizona, that margin is cut to 50. Senate Majority Leader Mitch McConnell faces the daunting task of holding his caucus together as Republicans push to confirm Kavanaugh before November’s midterm elections, which could swing the Senate to the Democrats.

“Brett was one of the most thoughtful, soft-spoken, serious people you meet,” said former Bush press secretary Ari Fleischer, who worked alongside Kavanaugh in the White House. “He was unflappable. I never remember him raising his voice, I never remember him getting upset. He had a keen intellect, a smart approach and everybody liked him.”

Fleischer expects conservatives to line up behind Kavanaugh.

“Conservatives are going to find in that deep, long record a lot to rally behind,” he said.

That “long record,” however, could be a double-edged sword.

“He has written hundreds of opinions, so has a substantial paper trail,” said Carl Tobias, a professor at University of Richmond School of Law. “Those papers will be closely scrutinized and some worry could slow the process and prevent seating him before the Court Term starts.”

Among those hundreds of opinions is a recent dissent on a controversial abortion case. Kavanaugh dinged his fellow judges for ruling against the administration in allowing an undocumented minor to undergo an abortion, saying they had devised “a new right for unlawful immigrant minors in U.S. Government detention to obtain immediate abortion on demand.”

But some conservatives have privately argued that his dissent did not go far enough and have expressed skepticism he may not be a reliable vote in potentially overturning Roe v. Wade.

Kavanaugh also dissented in a 2011 case in which his colleagues upheld the constitutionality of the Affordable Care Act. But Kavanaugh’s dissent was underwhelming to many conservatives, as it focused more on the merits of the lawsuit itself, which Kavanaugh argued was premature, than the legality of the ACA.

Republican senators were quick to hail the choice.

“Judge Kavanaugh is one of the most qualified Supreme Court nominees to come before the Senate,” said Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) in a statement. “His credentials are well known, and he’s served with distinction as a judge on the esteemed D.C. Circuit for more than a decade. He is a superb mainstream candidate worthy of the Senate’s consideration.”

“Judge Kavanaugh is a highly-qualified nominee with an outstanding legal background,” Sen. Roy Blunt (R-Mo.) said in a statement.

Democrats, meanwhile, were quick to criticize the choice.

“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,” said Senate minority leader Chuck Schumer (D-N.Y.) in a statement. “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.”

“The nomination of Brett Kavanaugh to the Supreme Court is enormously concerning and I’m strongly opposed to it,” said Sen. Cory Booker (D-NJ), a member of the Judiciary Committee and a possible contender for the 2020 Democratic presidential nomination, in a statement. “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.”

Sen. Joe Donnelly (D-Ind.), who faces a tough 2018 re-election fight in a state Trump carried easily, struck a more conciliatory tone, saying only in a statement that he “will carefully review and consider the record and qualifications of Judge Brett Kavanaugh.”

The fight will be fought by outside interest groups as well. The National Rifle Association applauded the nomination as an “outstanding choice” on Monday evening, as outside groups like the conservative Judicial Crisis Network prepare to launch ad buys supporting Kavanaugh.

“He has one of the most extensive records out there. He’s an amazing writer and an amazing thinker,” Carrie Severino, the chief counsel and policy director at the Judicial Crisis Network, told POLITICO, referring to Kavanaugh as a “legal rock star.”

Perhaps in a preview of the fight ahead, the ceremony was largely a partisan affair. The White House invited five Democratic senators to attend — all declined.

Lorraine Woellert and Chris Cadelago contributed to this report.

