Supreme Court nominee Kavanaugh visits Capitol Hill as activists gird for battle

WASHINGTON — President Donald Trump's pick for the Supreme Court, Brett Kavanaugh, visited Capitol Hill Tuesday to meet with key Republican senators as liberal and conservative activists geared up for a pitched battle on his confirmation.

Before Trump announced his nomination of Kavanaugh on Monday, some news reports suggested that Senate Majority Leader Mitch McConnell, R-Ky., was concerned that the lengthy record of the 53-year-old appeals court judge could drag out the confirmation process.

But McConnell, who met with Kavanaugh in his office, praised him on Tuesday as a "great nominee" who deserves bipartisan support.

“I think the president has done it once again,” McConnell told reporters. "He’s one of the premier legal talents in the country. He’s got a long record that people can examine. What we’d like to see is a few open minds about this extraordinary talent.”

Chuck Grassley, chairman of the Senate Judiciary Committee, who also met with Kavanaugh, promised a “thorough” but speedy confirmation process.

"We’ll try to do what we can to accommodate everybody’s interests," said the Iowa Republican. "In the end, I think his record speaks for itself."

Republicans control the Senate by a slim 51-49 majority, meaning McConnell has little room for defections. Conservatives are hoping to win over at least some moderate Democratic senators to solidify Kavanaugh's chances. Some Democrats, including Sen. Joe Donnelly, D-Ind., have said they are at least open to considering Trump's nominee.

"I’m reviewing the court cases that he’s made, his writings, I plan to listen to the testimony, hopefully interview with him and so this is the beginning of the process,” said Donnelly, who is up for re-election in the fall in a state Trump won by 19 percentage points.

Two moderate Republican senators whose votes will be crucial to his prospects, Susan Collins of Maine and Lisa Murkowski of Alaska, both said they wanted to review his record carefully before making up their minds on whether to back him.

“I believe that the judge has impressive credentials. He clearly has extensive experience having spent more than a decade as a judge on the D.C. circuit,” Collins told reporters Tuesday.

Conservative and liberal advocacy groups have mapped out multi-million dollar campaigns targeting the half-dozen or so lawmakers seen as swing votes, drawing up details even before Trump nominated Kavanaugh. As liberal groups focus on Collins and Murkowski, conservatives are targeting Donnelly, Doug Jones of Alabama, Heidi Heitkamp of North Dakota, and Joe Manchin of West Virginia.

A reliable conservative 

The stakes are high. If the Senate confirms Kavanaugh to replace retiring Justice Anthony Kennedy, his addition to the court could shift it further to the right for decades. Kennedy was a key swing vote in cases upholding abortion, affirmative action and gay rights. Both liberal and conservative activists believe Kavanaugh would be more reliably conservative on those and other issues.

Kavanaugh, who serves on the U.S. Court of Appeals for the District of Columbia Circuit, is a favorite of the conservative legal establishment because of his long record on issues ranging from the separation of powers and executive privilege to abortion, immigration and gun rights. His nomination must be approved by the Senate Judiciary Committee and then by the full Senate.

Senate Democrats have vowed to fight the nomination, saying he would endanger health care protections and help overturn the landmark Roe v. Wade case, which legalized abortion.

Senate Minority Leader Chuck Schumer, reiterated his pledge to "fight this nominee with everything I've got." Speaking with other Democrats on the steps of the Supreme Court Tuesday, the New York Democrat said one focus will be Kavanaugh's positions on presidential powers.

Kavanaugh, who has written that Congress should consider exempting sitting presidents from criminal prosecution or investigation, would be a "barrier" against Trump being forced to testify in the ongoing investigation into Russian interference in the 2016 presidential election, Schumer said.

Kavanaugh has also written that presidents don't have to follow laws they deem unconstitutional until a final court order says otherwise.

"To say that if a president deems a law unconstitutional, he doesn't have to obey it, that's dangerous at any time, but it's particularly dangerous when Donald Trump is president and we are going to make this a major and important issue," Schumer said.

Trump’s nomination, coming less than two weeks after Kennedy announced his retirement, will begin “courtesy calls” on Capitol Hill with the senators who will determine his fate. Those closed-door visits will be carefully choreographed, but they’re unlikely to change very many hearts and minds.

Democrats say they'll request every possible document they can get, especially from his time in the George W. Bush White House.

"His public record is a very deep mine that has to be explored," said Sen. Richard Blumenthal, D-Conn.

Vice President Mike Pence, who was accompanying Kavanaugh on Capitol Hill, expressed confidence about the nominee’s prospects.

“We’re honored to be able to bring him here … and begin the important work that the Senate will do in discharging its constitutional duties to consider this good man as the president’s nominee to the Supreme Court,” Pence said as he, McConnell, and Kavanaugh posed for the cameras.

Sen. John Thune, R-S.D., who heads the Republican conference in the Senate, said he wasn’t worried about defections from Collins and Murkowski.

“I hope in the end when push comes to shove that (Kavanaugh) will have acquitted himself in a way that will allow all 50 of our Republican senators to be able to vote for him,” Thune said.

WPXI