Supreme Showdown

Although Kennedy, 82, is also a conservative, he was considered the swing vote on a court split between liberals and conservatives (see “Faces of the Court,” above). He sometimes sided with liberal justices in key cases, including those involving women’s health and the legalization of same-sex marriage.

Kavanaugh, 53, would likely vote more conservatively than Kennedy. That could change the balance of the Court—and potentially set the stage for the justices to overturn past decisions.

Now it’s up to the Senate on whether to confirm Kavanaugh. But with so much at stake, the process has set off a political battle between Democrats and Republicans over when to hold the vote.

To be confirmed, a Supreme Court nominee needs to win a majority of votes in the Senate. 

Republicans currently control 51 seats in the 100-member chamber, which means they could confirm Kavanaugh without a single Democratic vote.

That’s why Democrats are pushing to delay the vote until after November’s midterm elections, when they could potentially gain control of the Senate. Republicans, meanwhile, want to vote on confirming Kavanaugh as soon as possible.

Almost all Senate Republicans are expected to vote for Kavanaugh. A Yale Law School graduate, he served as a White House aide to President George W. Bush in the early 2000s.

As a Supreme Court justice, Kavanaugh is expected to vote conservatively. Experts say he will likely interpret cases with an eye toward what the writers of the Constitution originally meant when they drafted the document in 1787. (Liberal justices tend to believe that the Constitution’s meaning must evolve as society changes.)

At press time, Senate Republicans planned to hold Kavanaugh’s confirmation vote by October 1—when the Supreme Court’s next session begins. 

Meanwhile, Democrats were trying to delay the vote by demanding to review millions of records from Kavanaugh’s time working for President Bush. They say the documents are crucial to understanding how Kavanaugh would rule in cases.

But, regardless of when the vote takes place, something both political parties can agree on is how important any Supreme Court confirmation is to the country.

“It’s a historic decision,” Senator Dick Durbin of Illinois told reporters. “It’s about what country the United States of America is going to chart as its course.”