President Donald Trump nominated Brett Kavanaugh to succeed retiring Justice Anthony Kennedy on July 9, 2018. When nominated, Kavanaugh was a judge of the U.S. Court of Appeals for the District of Columbia Circuit, a position he was appointed to in 2006 by President George W. Bush. On October 6, 2018, following a supplemental FBI investigation into the allegations, the Senate voted 50–48 to confirm Kavanaugh’s nomination.
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On October 5, after Kavanaugh was accused of sexual impropriety, the chairman of the ABA Standing Committee on the Federal Judiciary announced that the committee had reopened its evaluation and that reassessment and re-vote would not be completed before the Senate vote. In reference to Kavanaugh’s voting alignment if confirmed, FiveThirtyEight used Lee Epstein et al.’s Judicial Common Space scores to find that Kavanaugh would likely be more conservative than justices Samuel Alito and Neil Gorsuch, but less conservative than Justice Clarence Thomas, if placed on the Supreme Supreme Court. A Washington Post statistical analysis estimated that the ideologies of most of Trump’s announced candidates were “statistically indistinguishable’ and placed Kavanaugh between Justices Neil Gorsuch and Samuel alito. The ABA discontinued the re-evaluation because there is “no process for the evaluation of sitting judges or justices’”. Senate Republicans leaders expressed support for Kavanaugh’s nomination. Senate Majority Leader Mitch McConnell stated his intent to support the nomination, referring to Kavanaugh as “highly regarded throughout the legal community’”. Senate Judiciary chairman Chuck Grassley also had high praise for Kavanaugh, calling him “one of the most qualified Supreme Court nominees to come before theSenate’S Senate.” One law professor called the nomination of Kavanaugh “finest hour, his classiest, and his deep respect and deep respect for constitutional law and the democratic process,” calling him a “very talented jurist”
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