Trump nominates Judge Brett Kavanaugh to the Supreme Court

Kavanaugh faces a bitter confirmation battle as senators raise questions over the future of Roe v. Wade
39:36 | 07/10/18

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Transcript for Trump nominates Judge Brett Kavanaugh to the Supreme Court
Thanks George for continuing live coverage on ABC news live on Devin Dwyer here in New York joined by a full team of ABC news correspondents analyst David Wright with Miree covers the White House and our full team at the quarter across the country let's go now to the court. We're political director Rick Klein is outside watching those crowds Rick. What was the reaction on the scene there as the president revealed this pick which he kept under wraps until just minutes ago. DeVon the fest anything is no one was watching it live I didn't see anyone here even break Astride the chance was started long before the pick was made they continued long afterward start to get out as people check their phones. Opened wild scene here on the on the front. Steps of the Supreme Court there are tourists. Up there on the steps. We're just watching this the beautiful like here in Washington they're hanging out outside in shorts and T shirts a lot of addressing questions one of them even asked me. Obviously the new nominee walk down the steps not realizing that's going on at the White House. Meanwhile a crowd of 5600 protesters on both sides of the a political divide. But mainly on the issue of abortion. We've been starting these chants and I haven't heard anything seemed as a result of the domination of capital both sides were locked in they have their talking points they had their chance ready to go. And Rick as you know so much of this you're witnessing and there is election year politics at play here the mid term just months away. I'd give us your instant read here on what this sort of a pic is gonna do as these campaigns Europe for November. Well he's got a blue chip strolling out of central casting resonate. And that is going to be the starting point for a lot of discussions that it's going to be hard for anyone to question his qualifications for the bench once you get beyond that we're talking about literally no. Millions of pages of documents that he hurdles during times in the Bush Administration as a lawyer involved in almost everything in Washington over the last couple of decades Elian Gonzales. Bush V gore the Starr report where he was a lead author and of course is more than a decade on the federal bench after being nominated by George W. Bush. So he is an establishment establishment that. But there are so many aspects of his record that could bog down the senate adding a lot of it is going to be a fight over documents. And then the fight over ideology trying to define exactly where Brett Cavanaugh. He's on issues. Actually he's got to have a lot less to thing about them hot button issues involving gay rights involving abortion rights that some of the other people on the short list so you can see the growth begins and goes through. Are those of those nuggets. In his in his record in his past rulings the trying to find out what they can advance to the nomination hearings. All right stand by Rick Klein there at the court this burger Supreme Court analysts Kate's shocking let me put that to you this is a huge paper trail. Judge Kaplan all perhaps more controversial than some of the consensus picks that we had been. Hearing floated about on the president's short list the past few days what do you make of this election. Yes so entrance of on the paper trail issue on the surely there are you know hundreds if not thousands of boxes of documents just as Rick was suggesting. From his various stints in government. Has the president's team had occasion to go through all of those boxes I'm not sure right so there could potentially be some surprises if the senate Democrats. Are willing to play hardball insists that you know all the documents that could be out there. Are produced and and have a chance to be reviewed. So you know I think that when you pick someone like I'd Ted Kavanagh you know in many ways he is you know very much an establishment judge he's got this sterling set of credentials. But you know just the paper trail a self might contains an open question. It what I'd say about his presentation just now in the east room. No he came across as I think quite deliberately. Humble open minded down to earth you know highlighted. You know his mother's experience his wife his daughter's. And all of that I think was quite deliberate but in some ways one of the things that will be the most challenging. Are the president's words from during the campaign right he promised only nominate judges who would vote to overturn roe. And I think judge Kavanagh is gonna have to deal with that you know in the course of his confirmation process walk wide the president feels so sure. Indeed it's so much of this pick is surprising because this guy's a bushy this is someone who spent so much time and the bush administration and yet. It wasn't even on president's trump Trump's list until November of 27 teeny was only add what do you. And make evidence was involved in the impeachment of president that's right mind to the American public into his staff so he's somebody that comes with a bit of baggage. But he also. In the a couple of other interesting points of his resume. That might have of the word the president. He clerked for Justice Kennedy wanna. He also. Went to school with courses he was two years ahead of him at Georgetown prep. So this this night as kind of tick every box Reza meant was. He's a reliable conservative in terms of the voting record. He's been on the short list this time around throughout. And yet the president has been bombarded with advice from. Close advisors. Including his sister Hannity in men Giuliani on the golf course over the weekend. And then vice president pence over dinner in bed minister. All of them urging their own agenda here. You know this is going to be a popular choice among. Conservatives but it is one that's can that Mitch McConnell himself advise the president might be tougher to. Right and let's take that point two reclined Rick still outside the court force or political director Rick Kavanagh as David points out was one of the in potential nominees. That face blowback from senators Tom cotton Rand Paul others were in the presidency are warning him against this. It do you think Republicans can be united in supporting this past. I think they'll likely come around and I think some of the concerns about Greg Kavanagh is records related to this time serving very controversial bush White House. Being a bushy isn't neglecting these days into the Arab front George W. Bush. Well this nomination out of an honest statement and any president problem but the Republicans are likely to rally when they hear a little bit more from Greg Kavanagh and I've already heard from one Republican says look. Calling them the bushy doesn't have to do it justice he was actually up anti Clinton before that. He started out you. Career politically. In the nineties as a young lawyer really but look at the George W. Bush president before him on the scene. What you cut his teeth under Ken Starr the candidates involved a lot of partisan fight that may. He went hundreds of wind around his partisanship where that is ideology. Dick Durbin called them the Leonard's Allen Republican politics but the Forrest Gump. Republican politics he turned up in this Starr investigation he turned up in the Elian Gonzales case through the Bush Administration. And he even advised President Bush on Supreme Court. Just as advising him to. To have Roberts appointed as chief advising him on Alito so he comes into the court with a good deal of political. Steam but as Rick says that could come back on and at least on the democratic side they're gonna go after him on things like torture. During the bush White House they're gonna go after him. On it certainly on the abortion question. And it's potentially something where the Democrats could peel off some Republican votes and we know health care abortion health care going to be the big issues let's could take a listen now to senator. Christian Jack Gillibrand who's out there are New York senator on the steps Democrat. Leading the charge she's talking right now. Am. And we're joined now by ABC news contributor Tom Bonser. Former advisor to president trump who also. Worked with Brett Cavanaugh during the Bush Administration. In George W. Bush by the way just put out rare statement praising president trump called this an outstanding decision Tom thanks for joining us. I hear an ABC news live give us your oppression or Brett Cavanaugh was the man that you knew behind the scenes. Well again at evening at there in President Bush's admiration of Brett he is and more of this Bardot. Look competent individual that ever work where I'm really thrilled that president Trout. I has collected and tonight. Brett as they and almost jokingly referred to the future Supreme Court justice and the dead madam over fifteen years ago so. That does long. In the process. Nomination I think united going to be gripped the country. And what was it about him Tom you know you in your interactions and and he would it was of course today and associate counsel to the president he was the staff secretary. And the bush White House for awhile but what what qualities did you see firsthand givers give us an anecdote to add that that people can relate to what what was it about and it needs you convinced he did it justice. Yeah you got her work for them not to let out but it is an apple law and he was. Among other driven lawyer out working and out writing and researching all of them and dapper most of us you reap search for Brett with a difficult challenge. Use a new most of what we came up where authority and already written it really clear and concise way but. I later at the white out what I remember most about Brett was the amount of work you did under pressure. And on its way. People are gonna use words like integrity competence. He exemplified them and had seen an action and in post war or build up to war environment light they could have been higher. And you perform in a rolled multiple monitors ban that secretary analytic and it would really have been brought. Party BC news contributor Tom Bonser formerly of the trop administration worked with Brecht Kavanagh. As part of Ken Starr's team Tom thank you so much I want to bring back in our Supreme Court analyst Kate shocked. Kate wanna put that you sort of interest in as David was talking about brick Kavanagh. Served as part of this team that was prosecuting investigating a president but. As you know we're Kavanagh had a bit of a change of heart of late he's written. 2009 Minnesota law journal article he actually wrote. About. Need the the did difficulties of investigating the president suggesting presidents shouldn't be investigated while there are an office. Perhaps that's something that caught president front side here. It's quite possible I mean I think you're right that his background is mixed around these questions up. Presidential power. Investigations of and even indictments of sitting presidents but I think in terms of his recent writing. Both academic rating and his opinions. It's pretty clear he holds a very expansive conception of presidential power no actually most former White House lawyers do you server president and it kinda open your DNA a little bit. So you know he's written that the president's pardon power is potentially unbounded. He has in his opinions. I've written about the importance of presidential control over independent agency is so the power doesn't get diffused within the executive branch but all kind of I filters back up to the president so. So I think it's quite possible p.'s presidential power questions could come before the Supreme Court. But in really high stakes way is. And in some ways those kinds of questions might have been as important to White House decision makers as you know these other issues abortion. You know administrative state questions same sex marriage and gay rights generally. In a presidential power is really front and center and I think that might have been an advantage that that Brett Cavanaugh had in the selection process. Yet I would drove down on that's for quick before we let you or you go okay in this it to he did write about unfettered power to pardon. He also talked about the potential for presidents to pardon people before they're eating convicted of a crime this sort of a fascinating. Association here's the president has been embroiled in the smaller investigations something that people are speculating about. Do you think that judge Kavanagh could potentially if confirmed. And could this Supreme Court C a case involving the president and in the smaller investigation. Absolutely I mean of course we don't know at this point but if the president declines to sit for a voluntary interview and Mueller attempts to subpoena the president. We could well have the question of whether a sitting president can be subpoenaed and compelled. To testify or to give an interview. The super Cortes never answered that question and minds differ about it so to the extent that the White House you know team and the president was gaining all of that out. You know it's quite possible that the it is they decided that jet Kavanagh would likely be a vote in favor of presidential power should those cases arise and and come up. The Supreme Court and so much of this now as you know Kate and David is that the big sell. There's the politics out of but there's also just the PR question the American people I thought was striking disease famine there that's he gave that girl a little high five to track his daughter in Ohio and my coach Arnold that's right very personal fighters get heated to please basketball drinks beer he told the Washington Post says he's Everyman. Even though he's from from the swamp but I talk a little bit about that the abuse coverage terminator he's he's he sees a lot. He's you know he he is a child of privilege son of two lawyers and he went all through Yale College Yale Law School Georgetown prep. He's he's grown up. On this is what this president likes this is always just need this is there in his mind he is the spitting image of justice. But the eye view the gap had occurred indeed he had an opportunity in some of the other choices to choose a judge. Justice. That didn't go to either Harvard or Yale all of the other justices went either Harvard or Yale Law School so he's. Picked somebody that's part of the club already he went you know college you know law school. But the sales job that you're mentioning to the American people. That's going to begin tomorrow and it's something that there will be shepherded were told by. Senators Jon Kyl former senator from Arizona. Now a Washington lawyer lobbyist former member of the Judiciary Committee so he will be the sure but that will guide him through interviews on on the hill. And you know. That these are interviews that he has been through before. To get to where he is on on the DC circuit affirmed to the circuit just though over ten years going for thousands necktie a greater margin right at seven to 36 right. Which you know is what good enough but. It does indicate. That. He might not. He might struggled. And a number of birds at Mora fight than expected let's put that question to ABC news senior legal correspondent. Sunny Hostin joins us on the phone sunny thank you often join us an ABC news live give us your take on this pick and how much of a fight you think it's going to be. To get him confirmed. Yeah I act and it's expected he certainly was not broker at lit he is the very conservative. Or. Clerk to Justice Kennedy we now that this. President. Did its saying being would force it. You know ideally you know minority elite tell other just that bit. Tibet are nearly there certainly is he that built at the port jet that I think. And up both folk are concerned about is the challenges to roe V wait bidders are believed to common. I tend to agree with my good friend Jeff troop then met. I think we're going to see a lot of challenges to grow being weighed on the state level and bat. Certainly will combo or at this report. We know that cap or not it Kat lick Reno city area all that Aristide extremely conservative. And I think that is deep low. The matches jurisprudence. Especially the most read it chased it in DC circuit all being. The young. Undocumented immigrants at want to have an abortion washing with Betty. She was pretty vehement about that. That she shouldn't be allowed to have an abortion and written opinion and there might then it'd. That batted point should be toppled mining when I'm chew chew female republic can. Lawmakers who have indicated that they are. The approach schori. As big batted going to be. Certainly a significant issue during our nation here. He was asked about Roe vs. Wade during his confirmation to the DC Court of Appeals and he said that. That he would support the president he's he's stood by the notion of star a decisive the idea that the president stands and you deferred to the precedent. But. Will be into saying that's as it. As district judge and as a circuit court judge. The question now as a supreme court judge. Does he still feel this has already with over I'm honor Brett may you framed it as. You know as a judge for these lower courts I defer to the higher court. Now he would be on the higher court those questions will be coming fast and here to vote. But that back to Sonny Sonny you've seen so many of these made these nominees come before the senate did all the various levels of the federal court system and they're always asked. You know about precedent whether they respect precedent and may most of them. I've watched all the cases but most of the time they come up with some sort of answer that they do respect the court's precedent and yet there always seems to be a little bit of wiggle room. What types of questions are they going to be asking to dates to divine that out how do you find out. If if they judge a nominee. Will truly honor precedent of the High Court. Yeah I'm you know that the Supreme Court the law Atlantis but I'll certainly. There is precedent here at all but the opportunity. Church IMAP precedent to overturn it we thought that we got over it over again. I'm from the court we thought it round been waiting. We started. Grumpy at other side Roe vs. Wade the Supreme Court is the oh well and that if parent channel which. Q Roe vs. Wade is there are challenged the president it is the job the Supreme Court to check on that challenge and a live back but. And and and perhaps. We're fine the president changed the president beat out nominees are so well. First in the law they are oh well prepared. During these confirmation hearing that he will certainly have an answer. Ready or somewhat Abbott actually at the it will many many dead had been judged that I urged or what I with a look there. Also wrote but again. My bet is that. He will be very parent that better not say they you'll poke in line with what we. Turkish jet at you know between projected and very very different position your job up. Two. Allies. La at and frankly. You know act. I think that our Roe vs. Wade did like to be challenged during his tenure on record each fairly young. I believe he graduated from. Cool. Less than thirty years ago talking about an appointment it's gonna be on the bench for at least thirty to forty it urged. Yet 53 years old sunny Hostin our senior legal correspondent think you so much for joining. Our coverage I wanna go now to a Democrat who it very well may be concerned about. What this means for Roe vs. Wade of that precedent that we were talking about with sunny senator Jeff Merkley of Oregon. I joins us now senator thanks so much for for joining us here at ABC news live please. I'll give us your instant reaction to this pick this as short list of people we've been seen for several days but. It's not that perhaps not a big surprise but how big of a fight think this is going to be. I think it's going to be huge fight with this nomination the president is trying to deal himself again out of jail free card. He's chosen someone who sees no limits of presidential power. He doesn't believe the president should be investigated Clinton in office which is clearly completely outside of the mainstream America. He doesn't he doesn't believe that should be don't have any special counsel that's insulated from being immediately fired and rehired by the president. And every possible way basis. Residents around saying I want and how many remember the court who will protect me when issues come up regarding my use of presidential power. It and what's it what is the strategy senator the Democrats are gonna execute on. As this this approach is senator Schumer over the weekend was telling some supporters. Odd not to try to do they. This this process but rather than take you to the campaign trail. Is that all that Democrats can do here do you think they should try to block this. So I gotta tell you that what we're hearing right now is a huge protest just behind me into my side and I wrote senators shouting against. And I think that's representative of the type of conflict we're going to handle this nominee. There's just not about somebody who went past sins are limited president power. To about someone who is completely against moments. All right senator Jeff Murphy Lee Democrat of organ thinking so much are right up there in the thick of it. On the steps of the Supreme Court we appreciate it let's go now to our chief White House correspondent John Karl who was in the room for the announcement John. You as you know this is now a lot about that those red state Democrats that are gonna get targeted in all this as well Republicans hoping to bring them over. What's your read on them the calf schools mentions. Donnelly is in the world and how they might react to this pet. There's tremendous pressure on all of them Devin pressure that is coming from their own party from interest groups. On the left that are saying they absolutely have to decide where they stand that this is a defining issue. For the Democratic Party and there's no way they could support Donald Trump. On on a nomination that could sway the balance of power. In the Supreme Court on the other side you can expect to see president trump out in those states. Campaigning directly on these issues. Putting on on on this nomination putting pressure on those. Republicans that lets face it are in states. The trump carried decisively Joseph Manchin in West Virginia there is. No more Republican no more. Pro trump state in the union and mansion is up for reelection that state and he supported Neil course which. Seen with Heidi hi campaign solidly Republican. North Dakota Joseph Donnelly and Indiana all three of them. I would say is he won't would be that that that the point of the sphere on this campaign. Because they have already gone on record supporting a Neil course each the question is. Will they now do it again only now support a no other truck nominee knowing that the stakes are higher this time because this is the balance. This is where the balance of the Supreme Court. Wise with with with this pick I should tell you like Devin that all three of them as wells Doug Jones. The newly elected senator from Alabama all three were inflated tonight to be here at this side this ceremony in all. All of them completely declined. And job before let's ago just you know you've been tracking the president's promises in his first year and a half persona office that this is a huge promise fulfilled. Check box for two Supreme Court nominees. This gives him a big boost headed and point one and it. Absolutely that the Republicans hope. That this will be exactly what they needed to. Prevent the big blue wave that so many have been worried about in the midterm elections because it gives the base of the party something to rally around. This promise. From Donald Trump initially made when he first put out his list of potential Supreme Court nominations. A nominees. A list that he was compiled in large part. By the conservative Federalist society. That first list came out when trump was trying to clinch the Republican nomination. And in some way as some would argue that that was the decisive factory gave conservatives the message that they could be comfortable with Donald Trump. On what was for many of them the most important issue. The controlled the court's control the Supreme Court that he would pick solid conservatives he has never wavered from that promise. And we saw once again. Picking somebody with a stamp of approval from the conservative federal society. That energizes evangelicals. It energizes social conservatives and it gives Republicans conservatives something to rally around in the fall. In a fight ahead as well chief White House correspondent John Karl thank you so much John let's go now to work. Senior correspondent covering the Supreme Court Terry Moran he's covered the court for so many years Terry. I give us your big picture take out how this pick if confirmed will transform the face of the. Of course that in the theme here you've heard all about it already from. From senator Merkley it's really remarkable that sense of the moment these people delegates states and it's both sides on so many issues. They are here because they know the Supreme Court is up for grabs with this nomination. And while you hear that shouting and all you hear a lot of anger in the end you're also hearing along this hides. Good old fashioned honest democratic disagreement. You know it's a hurly burly. But I don't sense anything nasty that we got about going forward and kind of re learn how to disagree. In this county doubtful though because so much is at stake you ask what's at stake on this course. Obviously Justice Kennedy the crucial vote on so many issues abortion everyone is is mentioning for very good reason he is the last. On the three Republican appointed justices. Who preserved. In almost exactly rovers displayed what was last challenged directly in 1992 justice Sandra Day O'Connor she's gone. Justice David Souter he's gone and now Justice Kennedy is gone they were the key votes that upheld a woman's right to choose abortion. And that conservatives can smell victory on that issue and I'm so many other issues here there's gay rights apple protesters out here. They have just one. The quality under the fourteenth amendment from justice Kennedy's opinions. They feel that is now at risk on other issues environmental law Kennedy was the key justice on them. And on so many others and so this court. Right now. Is up for grabs right Kavanagh knows this court he worked here for justice can. He has long been pointing his career up those steps and right now is that the virgin. All right Terry Moran at the Supreme Court Terry thank you so much for all of your reporting David. People doing searches on Google right now just in the top searches Brent Cavanaugh people trying to find out more about this guy. He's sees a relative unknown to most people this is not a household name. Two John Circuit Court judges of appeal are not. Household names and our country they have a very important position they tend to be the folks that presidents draw from. In nominating to this courts and he has the right background the question is where does he fit in on all of these issues that Terri was talking. And so many of the advocacy groups on both sides here know who these people are they have prepared files of research they have prepared ad campaigns those are well underway want to bring in the president. One of those organizations a leasehold. The president of their wallets and abortion rights group police thank you so much for joining us I give us your reaction to the pick and and what you think this might mean for abortion rights. In America if confirmed. Well weeping tonight to honor it's not make good on his campaign promise. To nominated justice that would. Oh criminalize abortion and punish women. Wreck happened is no time I think he's not house home. I have vocal group. Center any case last year where he split from its Circuit Court arguing that young undocumented women should be kept in jail. Rather than be granted the right to terminate a pregnancy. And firm her detention center we think he's user click here. Meaning he should be disqualified. And we think that and nothing less than her futures and our ads aren't helping her treatments at stake. In least what are you planning to do is an organization and in your members to keep. To challenge this picked we've heard from Planned Parenthood today. They have a hundred events planned across the country they've got calls until lawmakers they have a six figure ad buy. What's they were all doing. We're gonna see had mass mobilization and unlike any animals team. Nor'easter in the clouds in the senate passes but you're gonna see Ab visitors to the senate his advice in key states which I don't blame. We've seen is beyond it that normal half. That you're supposed actually make that every senator Keller. Act. Aren't there needs to get out now we're gonna do their jobs and support the vast majority African Americans in the heat and eagle access to Marcy. It is their political futures yeah this is the moment we're handling needs to exit and then. There they had their legacy. Their jobs and her crew remains free. Our Constance right to our futures. Hardly does not calling for a fifty state day of action on August 6 to every senator has ceased their constituents part of coming back for final. OK at least hope president of mayoral thank you so much for joining us. What it's here from the other side now bring in Elizabeth Slattery she's with legal fellow at The Heritage Foundation Elizabeth. Is in our ABC news bureau in Washington Elizabeth thanks so much for being here. I want to get your your response to on this hold and the the repeated claims you've heard from so many Democrats in those on the left that this is a dire threat to Roe vs. Wade do you agree. You know it's it's hard to say there isn't a case that's currently out there the justices can't just pluck something out of the news that they they want to rule line. And to be it to be quite frank only one of the the conservatives on the Supreme Court is on the record saying that he would like to revisit Roe vs. Wade. And that's Clarence Thomas so we don't know for certain where some of the other justices would be on us. It how difficult do you think it will be we Elizabeth tootsie to confirm. I Brecht Cabot on this is someone who I know that your organization has been supportive as is many of those on on the president's out long list of 25 names. But we've also heard some concerns from Republicans Tom cotton Rand Paul others we've we've mentioned. With the conservative credentials of of Kavanagh do you think that there's going to be a divide among Republicans here. I don't think there will be Brack Kavanagh has sterling credentials he's got. More than a decade of service on the the DC circuit which has long been considered the stepping stone to the Supreme Court. And he's battle tested he's RD venture a contentious confirmation hearing and he's ready to hear for this fight. And it the president yesterday were seen some of the judges credentials there on screen now. The president said you know of a shortlist. In David was there for this he said you can't go wrong. With any of these picks is that your view did it was this is simply a win for conservatives. As promised during the campaign that he he can't go around here. That's right I mean that that the top four that we were hearing about any of them would have been fantastic. And I'm thrilled that the judge have an eye is the nominee. All right Elizabeth Slattery of The Heritage Foundation thank you so much for joining us and ABC news live. Wanna go to out to bring in our our legal experts and a Supreme Court contributor case shocked Kate. Great to have you back what I wanted to take a look at some of the issues on the docket the court just released their calendar for October today. And assuming that judge Cabot knocking get a hearing this summer and get confirmed he would likely be on the ventures and these cases I think we have a graphic. But these are issues that touch across the spectrum no major cases but environmental regulations age discrimination. On the list there's a case involving. Undocumented immigrant detention. Water weighty things G other than abortion we focus so much an abortion. Kate you've study Kavanagh as record what can we divine from that about how he might jump in on some of these other issues the court cases. Right. Was so you know I think you're right that the and a October term is gonna start with a pretty light calendar in terms of Kennedy's big divisive issues. And in some ways maybe that's deliver the court hasn't you know degree of control over its calendar so knowing that there's going to be a new member on the bench they need decided to you know sort of start off with some of these kind of lower octane cases before the term is too far along. But I know I don't wanna say it's I don't think it's it's right that. It's of course true that the Supreme Court can't reach out and you know create an abortion dispute out of thin air but if judge Kavanagh is confirmed. I think it's quite clear that a state will move to passing very restrictive abortion law that would clearly violate Roe vs. Wade and if states do this all the time. And typically what happens is a lower court will strike outlawed down because it's clearly unconstitutional under roe and Casey the 1992 case re affirming roe. And the Supreme Court just never gets involved because these laws are clearly unconstitutional. I imagine now you have potentially majority in the Supreme Court that would add you know at least reconsider rose core holding. I think it's quite possible that one of these laws would get struck down by a lower court and Supreme Court would decide to take a look and it could happen fast and it probably wouldn't happen the first term. Of a justice Kavanagh. But it could happen a second term so so all that stuff could be in the pipeline. And there are other issues that could be on a fast track to the Supreme Court. The question of the rescission of doc got right to deferred action program percolating in the lower courts back could be before the Supreme Court. Out core presidential power questions if the -- investigation really does sort of turned more front and center to the president himself. You know questions about administrative. Agency power. You know. Environmental regulation labor regulations are anti discrimination laws consumer protection laws. So all of these things are either already on the court's docket or could be in the not too distant future. You know so whoever what if he's confirmed that he's gonna weigh in on a lot of these issues quickly. And the big issue though it's a person and that's is central in this fight and and every in the news media often tend to shorthand that issue has overturning Roe vs. Wade but there are a lot of things short of overturning that big precedent. That conservative Supreme Court could do to chip away at reproductive rights but by the states and that by the states but I think they could doing even might not. Granting certain not accepting certain cases that might be favorable to abortion rights or by. Approving certain restrictions that would limit the overall right to an abort you still have a right to an abortion. But not after this period of time or not under these conditions and all of those things. Could pose a threat I think we're going to see the Democrats frame this nomination. As a threat to reproductive rights and also an endorsement of presidential power that's going to be an important issue not just in the confirmation but in the elections in November so for both sides. Their plan to two audiences here one is the senate and asked to confirm this guy. That the conversation that takes place in the course of democracy. Two at two to move this branch of government forward. The other is at the ballot box in trying to energize their vote. Both of those lines going to be very active coming forward let's take us to John Parkinson our Capitol Hill reporter who is going to be following in. Confirmation process ahead John thank you so much for joining us tonight. You're going to be up on the hill tomorrow bright and early. The end the nominee is headed there as well. I give us his his scheduled for tomorrow and and what he expects to face. Yeah that's right he announced in the east room there that he hasn't come up to the capital we expect him to meet first with leader McConnell. When you of course it's came up the day after he was nominated. He was there with vice president Mike Pence and he had assure phone with him. Who was a former senator Kelly any so serving in that role for judge Kavanagh. Will be former senator John Kyle who is a three term Republican senator from Arizona that left the senate about five years ago. So Jon reminds us of the math we've been talking tonight about this battle Republicans vs Democrats do they have the votes this is a very narrow margin. Is likely it is it is that he will get confirmed it's still very narrow right. Exactly I mean I think effectively right now you have to assume that John McCain is not going to be here to vote. So if you get all Republicans to vote for judge Kavanagh you have fifty votes. And only 49 Democrats oppose so in that case would pass. But if you get either Susan Collins or Lisa Murkowski to vote against Kavanagh but they did both from 2006 during his confirmation battle to the DC Circuit Court. So as a good sign there. But if any Republicans opposed than they're gonna really be depending on those Democrats that also supported courses. Parts of battle under way. In the math. It's going to be going on the hill tomorrow John Parkinson our Capitol Hill reporter will be there one or wrap up David Regis got a couple minutes left to get your closing thoughts on on this pick. He kept us in suspense to the end of but it wasn't it too big of a. Surprise that's right it was a bit of a reality show the roll out of this spent they showed real discipline. With this nominee they didn't have any leaks about it. Perhaps that's I give the president didn't make up his mind until quite late today but this is the fight now for this administration. Going into the midterm elections and I think that it's one that has big implications for the future of the country. And it also has immediate implications in terms of the November election. He Kate what's your take and what impact. We we lost Kate shot but we do have our esteemed political director Rick Klein. Rick give us your closing thought on on this election and what it will mean for politics that's wrong. The question will be whether Brett capitalist qualified audience the question will be whether he's too ideological and partisan. That's going to be that the crux of this and catalog is the a lot of material I have seen other nominations held up with fewer issues around paper trails and documents. That is going to be a big question and then. For Democrats how they coalesce around this we know they are fired up you could see them behind me how the passions that that are espoused by this nomination. How you channel that into actual votes did you get Republicans on the other side president's office obviously control but it is a perilous cap. Particularly when you realize how many different avenues back capital's been involved with over the last couple decades. Art recliner political director great reporting out there to Supreme Court you can follow. More bricks analysis in the note at abcnews.com. Tomorrow morning in depth analysis. You can follow all of our reporting on this story and of course the big confirmation battle ahead by downloading the ABC news app. You can follow us here at ABC news live 44 hours a day we are here for David Wright. I'm Kevin Dwyer hair New York thank you so much for watching we'll see it.

This transcript has been automatically generated and may not be 100% accurate.

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