Ailing Arizona Republican Sen. John McCain’s long absence from the Senate could complicate the confirmation of Judge Brett Kavanaugh, President Trump’s pick to replace Justice Anthony Kennedy on the U.S. Supreme Court. McCain signaled his support for Kavanaugh on Twitter, but if he’s unable to return to Washington to vote, the current federal appeals court judge could face a tough confirmation battle.
Kavanaugh, who if confirmed could move the court to the right for decades to come, may face opposition from two Republican pro-choice senators, Susan Collins of Maine and Lisa Murkowski of Alaska. They joined McCain in killing a measure last year to repeal and replace the Affordable Care Act.
Senate Majority Leader Mitch McConnell of Kentucky has pledged to hold confirmation hearings ahead of the Nov. 6 midterm election, if not before the beginning of the Supreme Court’s October term. A 51-vote majority in the Senate is needed after a rules change, but with McCain absent, Vice President Mike Pence wouldn’t be able to break a tie if Collins and Murkowski vote against Kavanaugh.
Both voted to confirm Justice Neil Gorsuch, but his confirmation wasn’t seen as a critical threat to Roe v. Wade, the landmark 1973 ruling that legalized abortion in all 50 states. As a federal appeals judge, Kavanaugh has maintained a delicate balance on abortion cases and has leaned toward precedents, but pro-choice groups were among those rallying outside the White House as Trump announced his Supreme Court pick.
McCain, who has been homebound at his Cornville cabin since late last year following brain cancer treatment, said on Twitter Monday that Kavanaugh “has impeccable credentials & a strong record of upholding the Constitution.”
“He is widely respected as a fair, independent & mainstream judge,” McCain tweeted. “I look forward to the Senate moving forward with a fair & thorough confirmation process.”
In statements on their Twitter accounts, both Murkowski and Collins said they’ll meet with Kavanaugh for personal interviews.
Here are the other Republican senators who could derail the nomination: Rand Paul of Kentucky, Dean Heller of Nevada, Cory Gardner of Colorado and Shelley Moore Capito of West Virginia.
Sen. Rand Paul of Kentucky, a libertarian who often sides with Republicans but also challenges them, has voiced some reservations about Kavanaugh and has said he wouldn’t vote to confirm him, according to the Associated Press. His issues with Kavanaugh stem from his role during the George W. Bush administration on cases involving executive privilege and the disclosure of documents to Congress.
Sen. Dean Heller of Nevada has been supportive of Trump, but faces a tough reelection battle against Democratic Congresswoman Jacky Rosen. Heller is a top target of Democrats in the midterms after Hillary Clinton carried the state in the 2016 presidential election, and that could put pressure on him to vote against Kavanaugh. However, he said in March that he hoped Kennedy’s retirement “will get our base a little motivated because they’re not very motivated. But I think a new Supreme Court justice will get them motivated,” he said at a private event this spring, according to audio obtained by Politico.
Sen. Cory Gardner of Colorado, another state that is turning blue. Though Gardner isn’t up for re-election until 2020, a vote for Kavanaugh — seen as someone who would provide a key swing vote on the increasingly conservative court — could become an issue on the campaign trail. However, Gardner is entrenched in Republican politics, serving as chairman of the GOP campaign arm, the National Republican Senate Committee, so his defection would be a surprise.
Sen. Shelley Moore Capito of West Virginia has described herself as “pro-choice” in a 2010 Vote Smart survey and has told the Mail-Gazette that she doesn’t support overturning Roe v. Wade. However, she has voted in the past to defund Planned Parenthood and for a host of other abortion restrictions. She also voted for Gorsuch, enthusiastically so, calling his nomination “incredibly brilliant on the president’s part.”
Photo of U.S. Sen John McCain by Drew Angerer/Getty Images
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