Abstract

Significance On October 6, the US Senate voted 50-48 to confirm Kavanaugh, who succeeds recently retired Justice Anthony Kennedy. Kavanaugh’s confirmation returns the Court to full nine-member strength and gives conservatives a 5-4 majority that will influence the US regulatory landscape for years. Impacts Democratic ‘red state’ senators from 2016 pro-Trump states who voted against Kavanaugh may gain support. Trump may have the opportunity to nominate further Supreme Court justices, but a Democratic Senate could halt his picks. Chief Justice John Roberts could become the Court’s new most-likely ‘swing voter’. Absent any court packing, Republicans and Democrats in office may be tempted to ignore or circumvent Supreme Court rulings.

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