Kavanaugh confirmed, quickly sworn in; major Trump victory

Staff and wire report

WASHINGTON

Brett Kavanaugh was sworn in as a Supreme Court justice Saturday night after the bitterly polarized U.S. Senate narrowly confirmed him. The Senate vote delivered an election-season triumph to President Donald Trump that could swing the court rightward for a generation after a battle that rubbed raw the country’s cultural, gender and political divides.

Kavanaugh was quickly sworn in at the court building, across the street from the Capitol, even as protesters chanted outside.

The near party-line Senate vote was 50-48, capping a fight that seized the national conversation after claims emerged that Kavanaugh had sexually assaulted women three decades ago — which he emphatically denied. Those allegations magnified the clash from a routine Supreme Court struggle over judicial ideology into an angrier, more complex jumble of questions about victims’ rights, the presumption of innocence and personal attacks on nominees.

Acrimonious to the end, the battle featured a climactic roll call that was interrupted several times by protesters in the Senate galleries before Capitol Police removed them. Vice President Mike Pence presided over the roll call, his potential tie-breaking vote unnecessary.

U.S. Sen. Rob Portman, R-Ohio, said in a statement: “Brett Kavanaugh has the qualifications and experience necessary to ably serve on the Supreme Court and I was proud to support his nomination. I’ve known him for 18 years as someone who is thoughtful and compassionate, someone who has a big heart and has the humility to listen. Just as he has been highly regarded as a fair-minded and independent judge on the Circuit Court, I believe that is how he will be viewed on the Supreme Court.

“As I said on the floor of the Senate, the confirmation process has become poisonous, and senators on both sides of the aisle need to work together to repair some of the damage to the institution and the country. It’s going to take time for the Senate and the country to heal from this ugly ordeal. But for now, let me make a modest suggestion. Let’s take a step back from the brink and lower the rhetoric. Let’s treat disagreements like disagreements, not as proof that our opponents are bad people.”

U.S. Sen. Sherrod Brown, D-Ohio, took to the Senate floor before the vote and opposed Kavanaugh’s nomination. Brown pointed to Kavanaugh’s record of anti-worker, anti-women, and anti-consumer rulings at a time when the Supreme Court continues to hand down rulings that hurt Ohio workers and families. Brown also expressed his gratitude and admiration to Christine Blasey Ford as she came forward at great personal cost to share her story.

“Judge Kavanaugh’s record is clear. He has consistently sided with the most powerful special interests, not American workers. The stakes for Ohioans are too high to give this justice a lifetime appointment to our highest court,” said Brown.

In August, after reviewing Judge Kavanaugh’s record and meeting with him face-to-face, Brown announced his opposition.

Trump, flying to Kansas for a political rally, flashed a thumbs-up gesture when the tally was announced and praised Kavanaugh for being “able to withstand this horrible, horrible attack by the Democrats.”

The vote gave Trump his second appointee to the court, pleasing conservative voters who might have revolted against GOP leaders had Kavanaugh’s nomination flopped. Instead, “It’s turned our base on fire,” Senate Majority Leader Mitch McConnell, R-Ky., told reporters.

Democrats hope that the roll call, exactly a month from elections in which House and Senate control are in play, will do the opposite, prompting infuriated women and liberals to oust Republicans.

“Change must come from where change in America always begins: the ballot box,” said Democratic leader Chuck Schumer of New York, looking ahead to November.

U.S. Rep. Tim Ryan of Howland, D-13th, said Kavanaugh lacks the temperament and character to be a member of the Supreme Court.

“Today’s vote to confirm him will do lasting damage to the integrity of the Court, as well as the American people’s trust in its institutions to do the right thing. Kavanaugh’s confirmation has reinforced what we already knew: Republicans want a Supreme Court willing to fight for corporations’ rights as a ‘person,’ but not for the rights of workers to collectively bargain and earn a living wage,” Ryan said in a statement.

“They want a court that will fight to uphold Citizens United and allow unlimited money in our political system, but not for a loving same-sex couple to join together in marriage. And, most importantly, they want a court that will toss aside established precedent and take away a women’s right to her own healthcare and reproductive decisions. These things are of such high priority to them, that they’re willing to ram through a person who has been credibly accused of multiple instances of sexual assault, simply because he’ll vote their way on the bench.

“Like so many millions of Americans, I was moved by Dr. Blasey Ford’s testimony. I believe her. I am ashamed at the Republican’s treatment of Dr. Ford, and the rushed, incomplete investigation that came out of it. It was never about the truth. Brett Kavanaugh’s confirmation is truly a low point for our great nation.”

Ohio Gov. John Kasich, himself a former presidential candidate, said about Judge Kavanaugh's confirmation: "America may have gained a new member of the Supreme Court, but a part of our nation’s soul was lost during this toxic process. The zero-sum-game environment we are in today, where many are focused on winning at all costs instead of what’s best for our country, must end if we ever wish to begin healing these partisan divisions and tackling some of the most serious problems facing our nation."

Democratic candidate for governor Rich Cordray said: “Today’s vote was disheartening for so many of us — women and men alike — who are deeply troubled by the allegations made against Judge Kavanaugh, the partisan rancor we see in Washington, and the direction of the U.S. Supreme Court. And it’s appalling to see how survivors of sexual violence have been treated when they have the bravery to step forward and speak out. It’s crucial that we listen to their voices and not dismiss or ignore them.”

Republicans hold only a 51-49 Senate majority and therefore had little support to spare.

It was the closest roll call to confirm a justice since 1881, when Stanley Matthews was approved by 24-23, according to Senate records.