“On July 9, 2019, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the impending vacancy on the Supreme Court caused by Justice Kennedy’s scheduled

retirement on July 31, 2018. As noted in this earlier Sidebar, Justice Kennedy’s retirement is likely to have significant implications for the Court, Congress, and the nation as a whole. Justice Kennedy, as the Roberts Court’s median vote, was often at the epicenter of legal debates on the High Court, casting decisive votes on issues ranging from the powers of the federal government visà-vis the states, to separation-of-powers disputes, to key civil liberties issues. A critical question now before the Senate as it considers providing its advice and consent to the President’s nomination to the High Court is how Judge Kavanaugh may view the many legal issues in which Justice Kennedy’s vote was often determinative. This Sidebar provides some initial observations on Judge Kavanaugh’s nomination to the Supreme Court, noting his background and some initial clues as to how the nominee may impact the future of the Court…”