on July 9, 2018 On July 2, 2018, Kavanaugh was one of four United States Court of Appeals judges to receive a personal 45-minute interview by President
Donald Trump as a potential replacement for Justice
Anthony Kennedy. On July 9, Trump nominated Kavanaugh to the Supreme Court. In his first public speech after the nomination, Kavanaugh said, "No president has ever consulted more widely or talked with more people from more backgrounds to seek input about a Supreme Court nomination."
Legal philosophy and approach A statistical analysis by
The Washington Post estimated that Kavanaugh was more conservative than
Neil Gorsuch and less conservative than
Samuel Alito. Jonathan Turley of
George Washington University wrote that among the judges Trump considered, "Kavanaugh has the most robust view of presidential powers and immunities". Brian Bennett, writing for
Time magazine, cited Kavanaugh's 2009
Minnesota Law Review article defending the president's immunity from prosecution while in office. Two law professors evaluated Kavanaugh's appellate court decisions for the
Washington Post, rating his decisions in four areas: rights of criminal defendants; support for rules regarding stricter enforcement of environmental protection; upholding the rights of labor unions; and siding with those bringing suits alleging discrimination. They found he had the most conservative voting record on the District of Columbia Circuit in three of those policy areas, and the second-most in the fourth, between 2003 and 2018. During his hearing, Kavanaugh said that he had often said the four greatest moments in Supreme Court history were
Brown v. Board of Education,
Marbury v. Madison,
Youngstown Steel, and
United States v. Nixon, with
Brown the single greatest. According to the
Judicial Common Space scores, a score based on the ideology scores of the home state senators and the president who nominated the judge to the
federal bench,
Clarence Thomas was the only justice more conservative than Kavanaugh. By this metric, Kavanaugh's
confirmation shifted the court to the right. Had
Barack Obama's nominee
Merrick Garland been confirmed in 2016,
Stephen Breyer would have become the median
swing vote when Kennedy retired. But since
Antonin Scalia was replaced by another conservative (Gorsuch), it was expected that Chief Justice
John Roberts would become the median swing vote on the Supreme Court upon Kavanaugh's confirmation.
Senate Judiciary Committee public hearings The
Senate Judiciary Committee scheduled three or four days of public hearings on Kavanaugh's nomination, commencing on September 4, 2018. The hearings were delayed at the onset by objections from the Democratic members about the absence of records of Kavanaugh's time in the George W. Bush administration. The Democrats also complained that 42,000 pages of documents had been received only the night before the first day of hearings. Republicans asserted that the volume of documents available on Kavanaugh equaled that of the previous five nominees to the court; the Democrats responded that only 15% of the documents they had requested about Kavanaugh had been provided. Numerous motions by the Democrats to adjourn or suspend the hearings were ruled out of order by Chairman
Chuck Grassley, who argued that Kavanaugh had written over 300 legal opinions available for review. The first day's session closed after statements from each senator and the nominee, with question-and-answer periods to begin the next day. During the first round of questions from senators on September 5, 2018, Kavanaugh held to his earlier stated position that he would not express an opinion on matters that might come before the Court. He thus refused to promise to
recuse himself from any case, including any that might involve Trump. He also declined to comment on coverage of preexisting healthcare conditions, semiautomatic rifle possession,
Roe v. Wade, or the president's power to self-pardon. He expounded at length on various Constitutional amendments,
stare decisis (the role of legal precedent in shaping subsequent judicial rulings), and the president's power to dismiss federal employees. As in the previous session, there were frequent outbursts of protest in the audience, requiring security intervention and removal, as well as repeated procedural objections by Democrats. The committee's third day of hearings began with a furor over the release of emails by Kavanaugh related to concern about potential racial profiling in security screenings. The day continued with Kavanaugh's attempts to articulate his jurisprudence, including refusing to answer direct questions about matters he called hypothetical. Senator
Chris Coons had tendered Kavanaugh written questions about any knowledge of inappropriate behavior on the part of judge
Alex Kozinski, for whom Kavanaugh had clerked, including his circulations of sexually explicit emails via his "Easy Rider Gag List". According to
The Intercept, though Coons had asked him to review his emails from Kozinski, Kavanaugh replied, "I do not remember". During his testimony, Kavanaugh said that Kozinski's 2017 exposure as an alleged prolific sexual harasser was a surprising "gut punch".
The Guardian reported that their sources disputed Kavanaugh's account because Kozinski's alleged behavior was reportedly widely known among those in the judicial system and its exposure culminated in his abrupt resignation from the bench. The committee released a 2003 email in which Kavanaugh said, "I am not sure that all legal scholars refer to [
Roe v. Wade] as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current justices on the Court would do so." Kavanaugh stressed that he was commenting on the views of legal scholars at the time, not his own views, and noted that the case had been reaffirmed on a number of occasions since 2003. Senator
Susan Collins indicated that Kavanaugh's statement did not contradict his personal assurance to her that
Roe is settled law. Kavanaugh noted that
Planned Parenthood v. Casey (1992), which reaffirmed
Roe v. Wade, was "precedent on precedent". According to Kavanaugh,
Casey is a key decision about when the Court's precedent may be overturned. On September 27, the committee held an additional day of public hearings to discuss allegations that Kavanaugh engaged in sexual misconduct while in high school. The only witnesses were Kavanaugh and
Christine Blasey Ford, his accuser. Republican members of the committee did not question Ford directly; questioning on their behalf was done by
Rachel Mitchell, a career prosecutor from Maricopa County, Arizona. Grassley cut her questioning short, after which the Republican members of the committee questioned him themselves. Alternating with their questions, Democratic members of the committee questioned Ford and Kavanaugh. Ford repeated and expanded upon her earlier allegations, saying that Kavanaugh and his friend
Mark Judge, both "visibly drunk", had locked her into a bedroom, where Kavanaugh groped her and tried to take off her clothes while Judge watched. She said she "believed he was going to rape me" and feared for her life when he held his hand over her mouth. In his opening statement, Kavanaugh claimed the accusations were a "political hit" by
left-wing activists and
Democrats, saying he faced retaliation "on behalf of the Clintons" for his work on the
Starr Report against
Bill Clinton. Leland Keyser, Ford's friend who Ford said was present during the alleged attack, has denied that it took place, and questioned certain aspects of the story. Keyser also stated she felt pressured by people to support Ford's story, something she told the FBI about. In response to his testimony, more than 2,400 law professors signed a letter saying that the Senate should not confirm him because "he did not display the impartiality and judicial temperament requisite to sit on the highest court of our land."
Sexual assault allegations Christine Blasey Ford In early July 2018, Kavanaugh's name was on a shortlist of nominees for the Supreme Court.
Christine Blasey Ford, a psychology professor at
Palo Alto University, contacted a
Washington Post tipline and her United States Representative,
Anna Eshoo, with accusations that Kavanaugh had sexually assaulted her when they were in high school. On July 30, 2018, Ford wrote to Senator
Dianne Feinstein to inform her of her accusation against Kavanaugh, requesting that it be kept confidential. After a September 12 report in
The Intercept, Feinstein confirmed that a complaint had been made against Kavanaugh by a woman who had requested not to be identified. Feinstein said that the woman had claimed that, when they were both in high school, Kavanaugh had tried to force himself on her while she was being physically restrained. The same day, Feinstein said she had forwarded the woman's accusation to federal authorities. She said that in the early 1980s, Kavanaugh and
Mark Judge, one of Kavanaugh's friends from Georgetown Prep, corralled her in a bedroom at a house party in Maryland and turned up the music playing in the room. According to Ford, Kavanaugh pinned her to the bed, groped her, ground against her, tried to pull off her clothes, and covered her mouth with his hand when she tried to scream. Ford said she was afraid that Kavanaugh might inadvertently kill her during the attack, and believed he was going to rape her. Ford stated that she escaped when Judge jumped on the bed, knocking them all to the floor. Kavanaugh issued the following statement through the White House: "I categorically and unequivocally deny this allegation. I did not do this back in high school or at any time." Republicans criticized the decision to withhold "a vague, anonymous accusation for months" before releasing it on the "eve of [Kavanaugh's] confirmation" as an attempt to delay his confirmation hearings. Kavanaugh released a statement on the evening before his and Ford's scheduled testimony before the Senate Judiciary Committee. He said that due to the serious nature of the allegations, both he and Ford deserved to be heard. He also stated, "I am innocent of this charge." On September 19, the Senate Judiciary Committee invited Kavanaugh and Ford to testify about the allegation. Kavanaugh agreed to testify on September 19. Ford requested that the
FBI investigate the matter first, but Judiciary Committee chair
Chuck Grassley declined the request, and gave Ford a deadline of September 21 to inform the committee whether she intended to testify. He added that Ford was welcome to appear before the committee privately or publicly. On September 20, Ford's attorney opened negotiations with the committee to reschedule the hearing under "terms that are fair and which ensure her safety". A bipartisan Judiciary Committee panel and Ford's representatives agreed to a hearing after September 24. Ford stated that Leland Ingham Keyser, a lifelong friend, was present at the party where the alleged assault took place. On September 22, Keyser stated through her attorney that she did not know Kavanaugh and had no memory of the party or a sexual assault. The attorney did confirm that Keyser was a friend of Ford's, and Keyser told
The Washington Post that she believed Ford's allegation. On October 4, 2018, the White House announced that it had found no corroboration of Ford's allegation after reviewing the FBI's latest probe into Kavanaugh's past. Her attorneys tweeted, "Those directing the FBI investigation were not interested in seeking the truth." According to
The Washington Post, the book revealed that "Keyser also said she spoke with many people who 'wanted me to remember something different'—suggesting that there was pressure on her to toe the line [against Kavanaugh]". Keyser felt she was being pressured to alter her story via veiled threats of exposing her "addictive tendencies".
Deborah Ramirez On September 23, 2018,
Ronan Farrow and
Jane Mayer of
The New Yorker published an article with another sexual assault allegation against Kavanaugh. Deborah Ramirez, who attended Yale University with Kavanaugh, alleged he
exposed himself to her and thrust his penis against her face after they had both been drinking at a college party during the 1983–84 academic year. Kavanaugh said, "This alleged event from 35 years ago did not happen."
The New Yorker spoke to four classmates, three identified as eyewitnesses but all denied witnessing the event. According to
The New York Times, "Ramirez herself told the press and friends that, initially, she was not absolutely certain it was Kavanaugh who assaulted her, but after corresponding with friends who had secondhand knowledge of the incident, and taking time to refresh her recollection, stated that she was certain Kavanaugh was her assailant."
The Washington Post analyzed Ramirez's allegation and concluded, "Ramirez's accusation has the dual distinction of having more potential corroboration and less actual corroboration than Ford's".
Julie Swetnick Attorney
Michael Avenatti tweeted on September 23, 2018, that he represented a woman who had "credible information" about Kavanaugh and Judge. Avenatti said his client would be willing to testify before the Senate Judiciary Committee. On September 26, Avenatti revealed the woman to be Julie Swetnick, a former government employee. In a sworn statement, Swetnick described attending "well over ten house parties in the Washington, D.C. area during the years 1981–1983 where Mark Judge and Brett Kavanaugh were present". She described witnessing efforts by Mark Judge and Brett Kavanaugh to cause girls to become inebriated so they could be gang raped. Kavanaugh called her allegations "ridiculous" and Avenatti's allegation as a whole a "farce". In an interview with NBC News, Swetnick clarified that she did not personally witness Kavanaugh or Judge spike any drinks, and accused Avenatti of twisting her words. She further clarified that she did not personally witness efforts by Kavanaugh or Judge to cause girls to become inebriated so they could be gang raped. Swetnick provided NBC News with the names of friends who attended the parties, but none could corroborate her claims, while some said they did not know her. Grassley referred Swetnick and Avenatti to the Justice Department for criminal investigation regarding claims that they engaged in "conspiracy, false statements and obstruction of Congress".
Judy Munro-Leighton On September 19, Judy Munro-Leighton accused Kavanaugh of sexual assault in an anonymous letter signed "
Jane Doe", which was addressed to Grassley but mailed to Senator
Kamala Harris. On September 26, the Senate committee interrogated Kavanaugh about this accusation. Kavanaugh called the accusation "ridiculous". On November 1, Munro-Leighton talked to committee staff members. During the conversation she changed her story, denying that she had penned the anonymous letter and saying she had contacted Congress as "a ploy" to "get attention". On November 2, Grassley announced Munro-Leighton's identity, and described her accusations as fabricated. On September 28, the committee voted along party lines to advance the nomination to the full Senate; Senator
Jeff Flake's vote in support was conditioned on delaying the vote in the full Senate for a week to allow the FBI to investigate Ford's claims. Later, Senators
Joe Manchin and
Lisa Murkowski also said they would not vote to confirm without an FBI investigation. On this request from the Judiciary Committee, Trump ordered a "supplemental investigation to update Judge Kavanaugh's file", to be limited in scope and completed within a week. The report was transmitted to the White House on October 3 and from there to the Senate on October 4, where senators were permitted to review the report one at a time in secrecy. On October 5, the Judiciary Committee reported that it found "no corroboration of the allegations" against Kavanaugh. Majority Leader
Mitch McConnell said the Senate would vote on the confirmation on October 6. Democrats called the FBI investigation incomplete, a "farce", a "sham" and "a horrific cover-up" that omitted key witnesses at the White House's direction. According to
The Washington Post, the White House stopped the FBI from investigating possible falsehoods in Kavanaugh's testimony to Congress about his drinking habits during his youth. Eighty-three ethics complaints were brought against Kavanaugh regarding his conduct during his Supreme Court confirmation hearings. Chief Justice Roberts appointed a special federal panel of judges to investigate them. In December 2018, the panel dismissed all the complaints, calling them "serious" but deciding that lower court judges have no authority to investigate Supreme Court justices.
2023 Justice film Doug Liman's 2023 documentary
Justice recounts the sexual assault allegations against Kavanaugh, including the testimony of Ford and Ramirez. It features a never-before-heard audio recording made by
Partnership for Public Service president and CEO
Max Stier, a Yale colleague of Kavanaugh's, that corroborates Ramirez's charges and suggests that Kavanaugh violated another unnamed woman. Stier says that he witnessed Kavanaugh with his pants down with a group of rowdy soccer players forcing a drunk female freshman to hold Kavanaugh's penis. Stier also says that he had heard from classmates about Ramirez's similar encounter with Kavanaugh, which she describes in the film. As of May 2025, the film has yet to be scheduled for a wide release.
Fondness for beer During his hearings, Kavanaugh declared his fondness for beer several times. "I drank beer with my friends...Sometimes I had too many beers... I liked beer. I still like beer." He repeatedly asked Senator
Sheldon Whitehouse whether he shared his fondness for beer and later apologized to Senator
Amy Klobuchar for asking whether she had experienced a blackout. President Trump expressed surprise at "how vocal he was about the fact that he likes beer".
Senate action On October 5, the Senate voted 51–49 to invoke
cloture, advancing the nomination to a final floor vote expected on October 6. This was enabled through the application of the so-called "
nuclear option", or a simple majority vote, rather than the historical three-fifths
supermajority in place before April 2017. The vote was along party lines, with the exception of Democrat
Joe Manchin voting yes and Republican
Lisa Murkowski voting no. On October 6, the Senate confirmed Kavanaugh to the Supreme Court by a 50–48 vote. One senator, Republican
Steve Daines, who supported the nomination, was absent during the vote due to his attendance at his daughter's wedding that day, and Murkowski voted "present" despite her opposition so that their votes would cancel out and the balance of the vote would be retained—a rarely used traditional courtesy known as a "
pair between senators". All Republicans except Daines and Murkowski voted to confirm Kavanaugh, and all Democrats except
Joe Manchin voted not to. Kavanaugh's confirmation vote was historically close. The only Supreme Court confirmation that was closer was the vote on
Stanley Matthews, nominated by President
James A. Garfield in 1881. Matthews was confirmed by a single vote, 24–23; no other justice has been confirmed by a single vote. In
percentage terms, Kavanaugh's vote was even closer than Matthews's. Matthews received 51.06% of the vote to Kavanaugh's 51.02%.
Swearing-in Kavanaugh was sworn in as the 114th justice of the Supreme Court on the evening of October 6, 2018. The Constitutional Oath was administered by Chief Justice Roberts and the Judicial Oath was administered by Kennedy, whom Kavanaugh succeeded on the Court. This private ceremony was followed by a public ceremony at the White House on October 8. Upon joining the Court, Kavanaugh became the first Supreme Court justice to hire an all-female team of law clerks. ==United States Supreme Court (2018–present)==