President Trump Nominates Judge Brett Kavanaugh: Initial Observations (CRS Report for Congress)
| Release Date |
July 10, 2018 |
| Report Number |
LSB10168 |
| Report Type |
Legal Sidebar |
| Authors |
Andrew Nolan |
| Source Agency |
Congressional Research Service |
Summary:
On July 9, 2019, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S.
Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the impending vacancy on the
Supreme Court caused by Justice Kennedy’s scheduled retirement on July 31, 2018. As noted in this
earlier Sidebar, Justice Kennedy’s retirement is likely to have significant implications for the Court,
Congress, and the nation as a whole. Justice Kennedy, as the Roberts Court’s median vote, was often at
the epicenter of legal debates on the High Court, casting decisive votes on issues ranging from the powers
of the federal government vis-à-vis the states, to separation-of-powers disputes, to key civil liberties
issues. A critical question now before the Senate as it considers providing its advice and consent to the
President’s nomination to the High Court is how Judge Kavanaugh may view the many legal issues in
which Justice Kennedy’s vote was often determinative.
This Sidebar provides some initial observations on Judge Kavanaugh’s nomination to the Supreme Court,
noting his background and some initial clues as to how the nominee may impact the future of the Court.
CRS is preparing products that discuss Judge Kavanaugh’s views on the law in greater detail. Existing
CRS products discuss Justice Kennedy’s jurisprudence and other aspects of the Court vacancy.
