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Live blog of nomination | July 9, 2018 (with First Mondays)

We live-blogged with First Mondays as President Donald Trump nominated Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court.

3rd & 7 37yd

Hi! The word seems to be that it’s Hardiman. Any thoughts?

by KPOM 7/10/2018 12:01:52 AM
Hi everyone, and welcome to the Kavanaugh Coronation Hour! Glad to be joining you.

by Ian Samuel 7/10/2018 12:02:29 AM
For those of you who aren't caught up on the last-minute news:
- Amy Coney Barrett is at her house in Indiana. It's not her.
- Kethledge was informed by phone that it's not him.
- Hardiman is in DC, but has a pre-existing reason to be there
- The DC Circuit rushed out an opinion in a boring case about attorney's fees in which Kavanaugh was on the panel, and in which there was a dissent, on a day when the DC Circuit doesn't normally issue opinions
Do with that what you will.
by Ian Samuel 7/10/2018 12:04:39 AM
What do you think the chances are that the new Justice will recuse themselves from cases arising from investigations against the President ongoing at the time they were nominated? Has recusal philosophy ever been discussed during confirmation hearings?

by Just_Curious 7/10/2018 12:05:02 AM
Which Taylor Swift song describes BK best?

by Kenneth 7/10/2018 12:06:13 AM
What are the odds Kavanaugh is seated by the start of the term?

by PB 7/10/2018 12:07:53 AM
How confirmable is Kavanaugh vs the other choices? Do you sense Collins wasn’t going to support Barrett? And why not the others?

by KPOM 7/10/2018 12:08:26 AM
What is going to be Kavanaugh's biggest challenge during the confirmation process?

by Just Wondering 7/10/2018 12:10:24 AM
Are we sure it's Kavanaugh?

by Dave 7/10/2018 12:10:40 AM
Hi, all! I'll be in and out as I'm juggling two small kids, but I'm happy to answer questions in between bouts of toddler-wrangling.

by Dan Epps 7/10/2018 12:10:57 AM
How many glasses of wine have y'all had so far?

by Ar 7/10/2018 12:11:19 AM
I'm in Paris for July, and so I was really rooting for a more civilized 1pm EDT (7pm CEST) announcement.

by Ian Samuel 7/10/2018 12:12:20 AM
Does a new justice begin preparing to hear cases before confirmation is completed (tentatively hiring staff, reading briefs and memos, etc.) or do they wait until after the final vote?

by PB 7/10/2018 12:12:29 AM
The DC Circuit rushing out a Kavanaugh opinion today strikes me as a red herring. Not saying it's not him, but

by tforsean 7/10/2018 12:12:36 AM
What do you think the odds of a surprise pick are? Not saying I'm biased, but...

by Merrick Garland 7/10/2018 12:13:39 AM
U.S. Marshal outside of Kethledge's house apparently told CNN he's at home—not a surprise given what we knew, but he and ACB are seemingly officially out of the running. Barrett will be back for the next vacancy if there is one, but this might have been Kethledge's shot.

by Ian Samuel 7/10/2018 12:15:02 AM
Do you have a link to the opinion the D.C. Circuit rushed out today?

by DCWatch 7/10/2018 12:15:09 AM
Is anyone else equally excited and terrified? As a law student I’m excited because this doesn’t happen too often. As an individual, I’m cautious. I think if it’s Hardiman or Kavanaugh, it won’t be as significant a change as people believe.

by BlakeRunsLots 7/10/2018 12:15:36 AM
The term is shaping up, at least so far, to be less controversial than last term. How soon, realistically, would a case about overruling Roe come up to the Court?

by Fan of SCOTUSblog 7/10/2018 12:16:50 AM
Lot of talk about Kavanaugh on the live blog. Here's our profile on him (by Edith Roberts):

Potential nominee profile: Brett Kavanaugh - SCOTUSblog
SCOTUSblogWhen then-candidate Donald Trump released his first two lists of potential Supreme Court nominees in May and September of 2016, the omission of Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit drew comment. Kavanaugh had served for 10 years on a bench known as

by Andrew Hamm 7/10/2018 12:18:35 AM
I should have had the seat that’s being filled today.

by Robert Bork 7/10/2018 12:19:39 AM
sorry, my previous comment was posted prematurely. my point was that the opinion would have been in the works for at least a few days. I don't doubt that it was rushed out as a precautionary measure, but the decision to expedite it must have bern made before Trump's final decision (assuming the reports yesterday and earlier today were correct)

by tforsean 7/10/2018 12:20:00 AM
As a conservative, I’m least excited about Kavanaugh.

by Georgia 7/10/2018 12:20:18 AM
Is there anything interesting jurisprudentially about BK at all or is he just an Alito clone?

by Ar 7/10/2018 12:20:57 AM
Justice Ginsburg seems to be in good health. If, hypothetically, President Trump won a second term, what is the likelihood he might get to appoint a third Justice?

by Fan of SCOTUSblog 7/10/2018 12:22:04 AM
Calling it now William H. Pryor Jr. complete wild card.

by Jerrett 7/10/2018 12:22:29 AM
Why do people think it's Kavanaugh over Hardiman? Is it just the SUV caravan + rushed out D.C. Circuit opinion?

by Dave 7/10/2018 12:22:44 AM
Maybe Trump will surprise us all and nominate a sane candidate: Richard Posner.

by Erik 7/10/2018 12:23:17 AM
What happens to a circuit court judge's clerks if the judge is confirmed to the Supreme Court? Do they go with him or remain below or are they just out of a job?

by justreasoner 7/10/2018 12:25:31 AM
The Obamacare as a tax idea started with Kavanaugh. That’s why he doesn’t excite conservatives as much as Barrett does.

by KPOM 7/10/2018 12:25:58 AM
What are the odds the President pulls a Harriet Miers and appoints a wild card that no one saw coming? Like Michael Cohen

by Rob 7/10/2018 12:26:09 AM
Is there anything methodologically distinctive about either of the two apparent finalists? Is it definitely going to be the same orthodox blend of textualism and originalism that Justice Gorsuch embodies, or is there the potential for some deviation in either of them?

by The Black Swan of Trespass 7/10/2018 12:26:43 AM
Was Merrick Garland ever under serious consideration during this nomination round? Or was that just a Chuck Schumer pipe dream? I’d like to hold out hope that he was, but I guess my faith in American democracy is old fashioned :3

by Garrison Lovely 7/10/2018 12:27:46 AM
Has Amul Tharpar completely dropped off consideration?

by guestyguest 7/10/2018 12:29:05 AM
Merrick Garland was only a possibility in the minds of people who thought The West Wing was how politics actually work

by oxwof 7/10/2018 12:29:55 AM
From a conservative standpoint, Hardiman seems to rank high on a "Souter risk" scale. Do you agree?

by Angel from Mexico 7/10/2018 12:30:12 AM
Kavanaugh is known for hiring clerks from both sides of the aisle, right?

by KE 7/10/2018 12:30:44 AM
ACB would have been a habeas disaster, judging by a recent off-target dissent. Not that many much care on that score.

by IndianaHabeas 7/10/2018 12:30:54 AM
When will we get the first installment of "Good Behavior" following the announcement?

by Just Wondering 7/10/2018 12:31:54 AM
But does Hardiman make it easier to pull in votes from middle america in the mid terms? Is that a factor?

by Mark 7/10/2018 12:32:03 AM
Does anyone have any thoughts regarding the 150th anniversary of the Fourteenth Amendment?

by Ken 7/10/2018 12:32:25 AM
To what extent might we see Kavanaugh's work on the Clinton impeachment come into play during his confirmation hearings?

by JJR 7/10/2018 12:33:25 AM
Will this nomination be televised?

by R Powell 7/10/2018 12:33:47 AM
If Kavanaugh is the pick, might it be an olive branch to Collins and Murkowski that ACA might not be a target of the new justice?

by MNWatcher 7/10/2018 12:34:26 AM
4 out of 9 justices will have been appointed by presidents who lost the popular vote but won their elections for their first term in office. Out of curiosity, I looked up whether this has happened before, and it has: Benjamin Harrison lost the popular vote but won his election, and appointed 4 out of 9 justices.

by Luke 7/10/2018 12:35:08 AM

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Scribble

Live blog of nomination | July 9, 2018 (with First Mondays)

We live-blogged with First Mondays as President Donald Trump nominated Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court.

Potential nominee profile: Brett Kavanaugh - SCOTUSblog

Featured Posts

Retired Justice John Paul Stevens has died – Amy Howe

Battle over border wall comes to the court – Amy Howe

Trump administration ends effort to include citizenship question on 2020 census – Amy Howe

Sponsored by Casetext

SCOTUStalk see all

Email Digest Sign-Up

Merits Case Pages and Archives

This Week at the Court

Major Cases

Recent Decisions

Current Relists

Recent Special Features

Statistical Snapshot

Live Blog Archives

Twitter Feed

Majority Opinions by Author

Voting Breakdown Argued Cases

Calendar: July 2019

July 2019

Holiday

Download our App in the Apple Store

Videos see all

Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award