Brett Kavanaugh

Kavanaugh was born on February 12, 1965, in Washington, D.C.,{{cite news |url=https://www.cnn.com/2018/07/16/us/brett-kavanaugh-fast-facts/index.html |title=Brett Kavanaugh Fast Facts |date=July 16, 2018 |work=CNN|access-date=September 16, 2018 |archive-date=September 15, 2018 |archive-url=https://web.archive.org/web/20180915164348/https://www.cnn.com/2018/07/16/us/brett-kavanaugh-fast-facts/index.html |url-status=live}} the son of Martha Gamble (née Murphy) and Everett Edward Kavanaugh Jr.{{cite web|url=http://www.presidency.ucsb.edu/ws/?pid=86|title=George W. Bush: Remarks at a Swearing-In Ceremony for Brett Kavanaugh as a United States Circuit Judge for the District of Columbia|publisher=presidency.ucsb.edu|access-date=July 6, 2018|archive-date=July 6, 2018|archive-url=https://web.archive.org/web/20180706161749/http://www.presidency.ucsb.edu/ws/?pid=86|url-status=live}}{{Cite book|url=https://books.google.com/books?id=wwojAQAAIAAJ&q=%22Mrs.+Everett+Edward,+Jr.+(Martha+Gamble+Murphy)+%22+Mr.+Brett+Michael%22|title=The Social List of Washington, D.C. and Social Precedence in Washington|date=July 10, 1990|publisher=J.S. Murray|via=Google Books|access-date=May 19, 2020|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231348/https://books.google.com/books?id=wwojAQAAIAAJ&q=%22Mrs.+Everett+Edward%2C+Jr.+%28Martha+Gamble+Murphy%29+%22+Mr.+Brett+Michael%22|url-status=live}} He is of Irish Catholic descent on both sides of his family. His paternal great-grandfather immigrated to the United States from Roscommon, Ireland, in the late 19th century,{{cite news |url=https://www.irishcentral.com/opinion/others/brett-kavanaugh-supreme-court-support.amp |title=Why I personally know Brett Kavanaugh will make a great Supreme Court judge |work=IrishCentral.com |first=Kevin B. |last=Dowd |date=July 18, 2018 |access-date=October 5, 2018 |archive-date=October 6, 2018 |archive-url=https://web.archive.org/web/20181006000448/https://www.irishcentral.com/opinion/others/brett-kavanaugh-supreme-court-support.amp |url-status=live }}{{cite web|url=https://www.irishcentral.com/news/politics/supreme-court-judge-brett-kavanaugh-irish-ancestry|title=Supreme Court Judge Brett Kavanaugh's Irish ancestry|date=July 10, 2018|access-date=September 27, 2018|archive-date=September 27, 2018|archive-url=https://web.archive.org/web/20180927124922/https://www.irishcentral.com/news/politics/supreme-court-judge-brett-kavanaugh-irish-ancestry|url-status=live}} and his maternal Irish lineage goes back to his great-great-grandparents settling in New Jersey. Kavanaugh's father was a lawyer and served as the president of the Cosmetic, Toiletry and Fragrance Association for two decades.{{cite news |last1=Liptak |first1=Adam |title=Brett Kavanaugh, a Conservative Stalwart in Political Fights and on the Bench |url=https://www.nytimes.com/2018/07/09/us/politics/brett-kavanaugh-supreme-court-trump.html |work=The New York Times |date=July 9, 2018 |access-date=July 10, 2018 |archive-date=July 10, 2018 |archive-url=https://web.archive.org/web/20180710030953/https://www.nytimes.com/2018/07/09/us/politics/brett-kavanaugh-supreme-court-trump.html |url-status=live }} His mother was a history teacher at Woodson and McKinley high schools in Washington in the 1960s and 1970s. She earned a Juris Doctor degree from American University in 1978 and served from 1995 to 2001 as a Maryland Circuit Court judge in Montgomery County, Maryland.[https://msa.maryland.gov/msa/mdmanual/31cc/former/html/msa12367.html Martha G. Kavanaugh, Maryland Circuit Court Judge] {{Webarchive|url=https://web.archive.org/web/20180406062623/http://msa.maryland.gov/msa/mdmanual/31cc/former/html/msa12367.html |date=April 6, 2018 }}, maryland.gov. Retrieved July 2, 2018.{{cite news |title=Who is Martha Kavanaugh, Brett Kavanaugh's mother? |url=https://www.cbsnews.com/news/martha-kavanaugh-mother-brett-kavanaughs-supreme-court-nominee |work=CBS News |access-date=July 10, 2018 |archive-date=July 10, 2018 |archive-url=https://web.archive.org/web/20180710054352/https://www.cbsnews.com/news/martha-kavanaugh-mother-brett-kavanaughs-supreme-court-nominee/ |url-status=live }}

Kavanaugh was raised in Bethesda, Maryland. As a teenager, he attended Georgetown Preparatory School, a Jesuit boys' college prep school, where he was two years ahead of Neil Gorsuch, with whom he later clerked at the Supreme Court and eventually served with as a Supreme Court justice.{{cite news |last1=Mervosh |first1=Sarah |title=Kavanaugh and Gorsuch Both Went to the Same Elite Prep School |url=https://www.nytimes.com/2018/07/10/us/kavanaugh-gorsuch-georgetown-prep.html |work=The New York Times |date=July 11, 2018 |page=A19 |access-date=July 16, 2018 |archive-date=July 13, 2018 |archive-url=https://web.archive.org/web/20180713221213/https://www.nytimes.com/2018/07/10/us/kavanaugh-gorsuch-georgetown-prep.html |url-status=live }}{{cite magazine|first1=Bob|last1=Bryan|title=Brett Kavanaugh is the latest high-level Trump appointee to come from a single Washington, D.C.-area high school|url=http://www.businessinsider.com/where-did-brett-kavanaugh-go-to-high-school-trump-gorsuch-powell-georgetown-2018-7?r=US&IR=T|magazine=Business Insider|date=July 10, 2018|access-date=July 10, 2018|archive-date=July 11, 2018|archive-url=https://web.archive.org/web/20180711024929/http://www.businessinsider.com/where-did-brett-kavanaugh-go-to-high-school-trump-gorsuch-powell-georgetown-2018-7?r=US&IR=T|url-status=live}} He was captain of the school's basketball team and was a wide receiver and cornerback on the football team.{{cite news |last1= Shepherd |first1= Brittany |title= Trump's Two SCOTUS Picks Also Went to High School Together |date= July 9, 2018 |journal= Washingtonian |url= https://www.washingtonian.com/2018/07/09/brett-kavanaugh-neil-gorsuch-georgetown-prep/ |access-date= September 19, 2018 |quote= Kavanaugh was a cornerback and wide receiver for the school's varsity football team and served as captain of the school's basketball team. |archive-date= September 18, 2018 |archive-url= https://web.archive.org/web/20180918112654/https://www.washingtonian.com/2018/07/09/brett-kavanaugh-neil-gorsuch-georgetown-prep/ |url-status= live }} Kavanaugh was also friends with classmate Mark Judge; both were in the same class with Maryland state senator Richard Madaleno.{{cite magazine|first1=Peter|last1=Maas|url=https://theintercept.com/2018/09/25/brett-kavanaugh-accusations-mike-judge/|magazine=The Intercept|access-date=September 26, 2018|title=The closer you look, the worse Brett Kavanaugh's relationship with Mark Judge appears|date=September 25, 2018|archive-date=September 25, 2018|archive-url=https://web.archive.org/web/20180925205624/https://theintercept.com/2018/09/25/brett-kavanaugh-accusations-mike-judge/|url-status=live}}{{cite news|first1=Erin|last1=Kelly|url=https://www.usatoday.com/story/news/politics/2018/09/18/mark-judge-what-we-know-brett-kavanaugh-classmate/1344707002/|title=Who is Mark Judge? Here's what we know about Brett Kavanaugh's classmate|newspaper=USA Today|date=September 18, 2018|access-date=September 20, 2018|archive-date=September 19, 2018|archive-url=https://web.archive.org/web/20180919203834/https://www.usatoday.com/story/news/politics/2018/09/18/mark-judge-what-we-know-brett-kavanaugh-classmate/1344707002/|url-status=live}}{{cite magazine|first1=John|last1=Haltiwanger|url=https://www.businessinsider.com/mark-judge-testimony-brett-kavanaugh-hearings-allegations-christine-ford-2018-9|title=Brett Kavanaugh's friend Mark Judge breaks silence about alleged sexual assault incident but says he will not testify|magazine=Business Insider|date=September 18, 2018|access-date=September 20, 2018|archive-date=September 20, 2018|archive-url=https://web.archive.org/web/20180920084000/https://www.businessinsider.com/mark-judge-testimony-brett-kavanaugh-hearings-allegations-christine-ford-2018-9|url-status=live}}{{cite magazine|first1=Spencer|last1=Kornhaber|url=https://www.theatlantic.com/entertainment/archive/2018/09/mark-judge-brett-kavanaugh-writing/570631/|title=Brett Kavanaugh, Mark Judge, and the Romanticizing of Teenage Indiscretion|magazine=The Atlantic|date=September 19, 2018|access-date=September 20, 2018|archive-date=September 19, 2018|archive-url=https://web.archive.org/web/20180919223818/https://www.theatlantic.com/entertainment/archive/2018/09/mark-judge-brett-kavanaugh-writing/570631/|url-status=live}} In his yearbook Kavanaugh called himself a "Renate Alumnius", a reference to a female student at a nearby Catholic school.

After graduating from Georgetown Prep in 1983,{{Cite news|first1=Kate|last1=Kelly|first2=David|last2=Enrich|url=https://www.nytimes.com/2018/09/24/business/brett-kavanaugh-yearbook-renate.html|title=Kavanaugh's Yearbook Page Is 'Horrible, Hurtful' to a Woman It Named|date=September 24, 2018|newspaper=The New York Times|access-date=September 26, 2018|archive-date=September 26, 2018|archive-url=https://web.archive.org/web/20180926001050/https://www.nytimes.com/2018/09/24/business/brett-kavanaugh-yearbook-renate.html|url-status=live}} Kavanaugh went to Yale University, as had his paternal grandfather.{{cite web |last1=Gray |first1=Briahna |last2=Baker |first2=Camille |title=The unbearable dishonesty of Brett Kavanaugh |url=https://theintercept.com/2018/09/29/the-unbearable-dishonesty-of-brett-kavanaugh/ |website=The Intercept |access-date=September 30, 2018 |date=September 29, 2018 |archive-date=September 29, 2018 |archive-url=https://web.archive.org/web/20180929225737/https://theintercept.com/2018/09/29/the-unbearable-dishonesty-of-brett-kavanaugh/ |url-status=live }}{{cite news|url=https://www.newsweek.com/kavanaugh-said-he-had-no-connections-yale-he-was-legacy-student-1145286|title=Kavanaugh said he had "no connections" to Yale. He was, in fact, a legacy student.|last1=Lemon|first1=Jason|date=September 30, 2018|work=Newsweek|access-date=September 30, 2018|archive-date=September 30, 2018|archive-url=https://web.archive.org/web/20180930150939/https://www.newsweek.com/kavanaugh-said-he-had-no-connections-yale-he-was-legacy-student-1145286|url-status=live}} Several of Kavanaugh's Yale classmates remembered him as a "serious but not showy student" who loved sports, especially basketball.{{cite news |last1=Durkin Richer |first1=Alanna |last2=Peltz |first2=Jennifer |title=At Yale, Kavanaugh Stayed Out Of Debates At A Time Of Many |url=http://www.courant.com/news/connecticut/hc-news-brett-kavanaugh-yale-20180828-story.html |work=Hartford Courant |date=August 28, 2018 |access-date=September 5, 2018 |archive-date=September 6, 2018 |archive-url=https://web.archive.org/web/20180906020206/http://www.courant.com/news/connecticut/hc-news-brett-kavanaugh-yale-20180828-story.html |url-status=live }} He unsuccessfully tried out for the Yale Bulldogs men's basketball team and later played for two years on the junior varsity team. He wrote articles about basketball and other sports for the Yale Daily News, and was a member of the fraternity Delta Kappa Epsilon.{{cite news |url=https://www.yahoo.com/entertainment/brett-kavanaugh-yale-frat-raided-220247091.html |title=Brett Kavanaugh's Yale Frat Raided Female Students' Rooms, Paraded Bras and Underwear on Campus |newspaper=People |first1=Diane |last1=Herbst |date=September 21, 2018 |access-date=September 21, 2018 |archive-date=September 21, 2018 |archive-url=https://web.archive.org/web/20180921053416/https://www.yahoo.com/entertainment/brett-kavanaugh-yale-frat-raided-220247091.html |url-status=live }}{{cite news |last1=Barbara |first1=Michael |last2=Toeniskoetter |first2=Clara |last3=Anderson |first3=Larissa |title=Kavanaugh's Classmates Speak Out |url=https://www.nytimes.com/2018/10/02/podcasts/the-daily/brett-kavanaugh-fbi-classmates.html |work=The New York Times|issue=The Daily |date=October 2, 2018 |access-date=October 2, 2018 |archive-date=October 2, 2018 |archive-url=https://web.archive.org/web/20181002112428/https://www.nytimes.com/2018/10/02/podcasts/the-daily/brett-kavanaugh-fbi-classmates.html |url-status=live }} He graduated from Yale in 1987 with a Bachelor of Arts cum laude in history.

Kavanaugh then attended Yale Law School, where he lived in a group house with future judge James E. Boasberg and played basketball with professor George L. Priest, the sponsor of the school's Federalist Society.{{cite news |last1=Shane |first1=Scott |last2=Eder |first2=Steve |last3=Ruiz |first3=Rebecca R. |last4=Liptak |first4=Adam |last5=Savage |first5=Charlie |last6=Protess |first6=Ben |title=Influential Judge, Loyal Friend, Conservative Warrior — and D.C. Insider |url=https://www.nytimes.com/2018/07/14/us/politics/judge-brett-kavanaugh.html |work=The New York Times |date=July 15, 2018 |page=A1 |access-date=July 16, 2018 |archive-date=July 16, 2018 |archive-url=https://web.archive.org/web/20180716115030/https://www.nytimes.com/2018/07/14/us/politics/judge-brett-kavanaugh.html |url-status=live }} He was a member of the Yale Law Journal and served as a notes editor during his third year. Kavanaugh graduated from Yale Law with a Juris Doctor degree in 1990.{{cite web |title=Brett Kavanaugh '90 Nominated to U.S. Supreme Court |url=https://law.yale.edu/yls-today/news/brett-kavanaugh-90-nominated-us-supreme-court |publisher=Yale Law School |date=July 9, 2018 |access-date=July 10, 2018 |archive-date=July 11, 2018 |archive-url=https://web.archive.org/web/20180711210100/https://law.yale.edu/yls-today/news/brett-kavanaugh-90-nominated-us-supreme-court |url-status=dead }}

File:Brett Kavanaugh in the Oval Office.jpg and White House staffers]]

Kavanaugh served as a law clerk for Judge Walter King Stapleton of the U.S. Court of Appeals for the Third Circuit from 1990 to 1991. During his clerkship, Stapleton wrote the majority opinion in Planned Parenthood v. Casey, in which the Third Circuit upheld many of Pennsylvania's abortion restrictions. Kavanaugh then clerked for Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit from 1991 to 1992. Yale Law professor George Priest recommended Kavanaugh to Kozinski, who was regarded as a feeder judge. Kavanaugh interviewed for a clerkship with Chief Justice William Rehnquist of the U.S. Supreme Court during the 1992 term, but was not offered a clerkship.

After working as a summer associate for the law firm Munger, Tolles & Olson, Kavanaugh earned a one-year fellowship with the Solicitor General of the United States, Ken Starr, from 1992 to 1993.{{cite web |title=Brett M. Kavanaugh resume |publisher=United States Department of Justice Archive |url=https://www.justice.gov/archive/olp/kavanaughresume.htm |access-date=September 26, 2018 |archive-date=September 27, 2018 |archive-url=https://web.archive.org/web/20180927125143/https://www.justice.gov/archive/olp/kavanaughresume.htm |url-status=live }}{{cite news |last1=Roberts |first1=Edith |title=Potential nominee profile: Brett Kavanaugh |url=http://www.scotusblog.com/2018/06/potential-nominee-profile-brett-kavanaugh |publisher=SCOTUSblog |date=June 28, 2018 |access-date=July 6, 2018 |archive-date=July 6, 2018 |archive-url=https://web.archive.org/web/20180706132436/http://www.scotusblog.com/2018/06/potential-nominee-profile-brett-kavanaugh/ |url-status=live }}{{Cite web|url=https://fas.org/sgp/crs/misc/LSB10170.pdf|title="Brett M. Kavanaugh: Selected Primary Material" 'accessed May 18, 2019'|access-date=June 4, 2020|archive-date=August 6, 2020|archive-url=https://web.archive.org/web/20200806171140/https://fas.org/sgp/crs/misc/LSB10170.pdf|url-status=live}} He then clerked for Supreme Court Justice Anthony Kennedy from 1993 to 1994, alongside Neil Gorsuch and with future federal judge Gary Feinerman.

After his Supreme Court clerkship, Kavanaugh again worked for Ken Starr until 1997 as an Associate Counsel in the Office of the Independent Counsel with colleagues Rod Rosenstein and Alex Azar.{{cite news |last1=Shear |first1=Michael D. |last2=Liptak |first2=Adam |title=The Partisan Battle Brett Kavanaugh Now Regrets |url=https://www.nytimes.com/2018/08/04/us/politics/brett-kavanaugh-clinton-impeachment.html |work=The New York Times |date=August 4, 2018 |page=A1 |access-date=August 22, 2018 |archive-date=August 22, 2018 |archive-url=https://web.archive.org/web/20180822065821/https://www.nytimes.com/2018/08/04/us/politics/brett-kavanaugh-clinton-impeachment.html |url-status=live }} In that capacity, he reopened an investigation into the 1993 gunshot death of Vincent Foster.{{Cite web|url=https://georgewbush-whitehouse.archives.gov/infocus/judicialnominees/kavanaugh.html|title=Judicial Nominations - Judge Brett M. Kavanaugh|access-date=August 25, 2017|archive-date=April 22, 2017|archive-url=https://web.archive.org/web/20170422135038/https://georgewbush-whitehouse.archives.gov/infocus/judicialnominees/kavanaugh.html|via=National Archives|work=whitehouse.gov|url-status=live}}{{cite report |url=http://catalog.hathitrust.org/Record/003263302 |title=Report on the Death of Vincent W. Foster, Jr. |publisher=Office of Independent Counsel in Re Madison Guaranty Savings and Loan Associations |date=1997 |access-date=December 15, 2015 |archive-date=December 22, 2015 |archive-url=https://web.archive.org/web/20151222123338/http://catalog.hathitrust.org/Record/003263302 |url-status=live }} After three years, the investigation concluded that Foster had committed suicide. In a September 2018 New York Times op-ed, Princeton University history professor Sean Wilentz criticized Kavanaugh for having invested federal money and other resources into investigating partisan conspiracy theories surrounding the cause of Foster's death.{{cite news|first1=Sean|last1=Wilentz|url=https://www.nytimes.com/2018/09/05/opinion/why-was-kavanaugh-obsessed-with-vince-foster.html|title=Why Was Kavanaugh Obsessed With Vince Foster?|newspaper=The New York Times|date=September 5, 2018|access-date=September 27, 2018|archive-date=September 29, 2018|archive-url=https://web.archive.org/web/20180929060226/https://www.nytimes.com/2018/09/05/opinion/why-was-kavanaugh-obsessed-with-vince-foster.html|url-status=live}}

After working in private practice in 1997–98, Kavanaugh rejoined Starr as an Associate Counselor in 1998.{{Cite news|first1=Ryan|last1=Lovelane|url=https://www.law.com/nationallawjournal/2018/07/13/kavanaugh-at-kirkland-troutman-hires-mofo-moves/|title=Kavanaugh at Kirkland; Troutman Hires; MoFo Moves|journal=National Law Journal|date=July 13, 2018|access-date=September 26, 2018|archive-date=September 26, 2018|archive-url=https://web.archive.org/web/20180926090035/https://www.law.com/nationallawjournal/2018/07/13/kavanaugh-at-kirkland-troutman-hires-mofo-moves/|url-status=live}} In Swidler & Berlin v. United States (1998), Kavanaugh argued his first and only case before the Supreme Court. Arguing for Starr's office, Kavanaugh asked the Court to disregard attorney–client privilege in relation to the investigation of Foster's death.{{cite news |last1=Kranish |first1=Michael |last2=Marimow |first2=Michael |title=Kavanaugh's unorthodox path to Trump's Supreme Court shortlist |url=https://www.washingtonpost.com/politics/kavanaughs-unorthodox-path-to-trumps-supreme-court-shortlist/2018/07/06/dbf3c9de-8077-11e8-b0ef-fffcabeff946_story.html |newspaper=The Washington Post |date=July 6, 2018 |access-date=July 9, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231335/https://www.washingtonpost.com/politics/kavanaughs-unorthodox-path-to-trumps-supreme-court-shortlist/2018/07/06/dbf3c9de-8077-11e8-b0ef-fffcabeff946_story.html |url-status=live }} The court rejected Kavanaugh's arguments by a vote of 6–3.{{cite court |litigants=Swidler & Berlin v. United States |url=https://www.oyez.org/cases/1997/97-1192 |reporter=Oyez Project |access-date=July 9, 2018}}

Kavanaugh was a principal author of the Starr Report, released in September 1998, on the Bill Clinton–Monica Lewinsky sex scandal; the report argued on broad grounds for Clinton's impeachment. Kavanaugh had urged Starr to ask Clinton sexually graphic questions,{{cite news |last1=Liptak |first1=Adam |title=Brett Kavanaugh Urged Graphic Questions in Clinton Inquiry |url=https://www.nytimes.com/2018/08/20/us/politics/brett-kavanaugh-clinton-starr.html |newspaper=The New York Times |date=August 20, 2019 |page=A1 |access-date=August 22, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231510/https://www.nytimes.com/2018/08/20/us/politics/brett-kavanaugh-clinton-starr.html |url-status=live }}{{cite news |last1=Landler |first1=Mark |last2=Apuzzo |first2=Matt |title=Brett Kavanaugh, Supreme Court Front-Runner, Once Argued Broad Grounds for Impeachment |url=https://www.nytimes.com/2018/07/05/us/politics/brett-kavanaugh-supreme-court-impeachment.html |newspaper=The New York Times |date=July 6, 2018 |page=A1 |access-date=July 6, 2018 |archive-date=July 6, 2018 |archive-url=https://web.archive.org/web/20180706065035/https://www.nytimes.com/2018/07/05/us/politics/brett-kavanaugh-supreme-court-impeachment.html |url-status=live }} and described Clinton as being involved in "a conspiracy to obstruct justice", having "disgraced his office" and "lied to the American people".{{cite news|first1=Lauren|last1=Gambino|url=https://www.theguardian.com/law/2018/aug/20/brett-kavanaugh-bill-clinton-questions-1998-memo-trump|title=Brett Kavanaugh had graphic questions for Bill Clinton about Lewinsky affair|newspaper=The Guardian|date=August 20, 2018|access-date=September 27, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231348/https://www.theguardian.com/law/2018/aug/20/brett-kavanaugh-bill-clinton-questions-1998-memo-trump|url-status=live}}{{cite news|first1=Amber|last1=Phillips|url=https://www.washingtonpost.com/politics/2018/08/20/brett-kavanaughs-explicit-clinton-memo-shows-how-much-he-despised-president-accused-behaving-badly/|title=Brett Kavanaugh's explicit Clinton memo shows how much he despised a president accused of behaving badly|newspaper=The Washington Post|date=August 20, 2018|access-date=September 27, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231454/https://www.washingtonpost.com/politics/2018/08/20/brett-kavanaughs-explicit-clinton-memo-shows-how-much-he-despised-president-accused-behaving-badly/|url-status=live}} The report provided extensive and explicit descriptions of each of Clinton's sexual encounters with Lewinsky, a level of detail the authors called "essential" to the case against Clinton.{{cite news|first1=David|last1=Chen|first2=Neil A|last2=Lewis|url=https://www.nytimes.com/1998/09/12/us/testing-president-authors-young-protege-starr-established-nonfiction-writer.html|title=Testing of a President: The Authors; A Young Protege of Starr, and an Established Nonfiction Writer|newspaper=The New York Times|date=September 12, 1998|access-date= November 8, 2011}}

File:Bush, Card, Kavanaugh, and Rice.jpg, and Condoleezza Rice]]

In December 2000, Kavanaugh joined the legal team of George W. Bush, which was trying to stop the ballot recount in Florida.{{Cite news|url=https://www.miamiherald.com/news/nation-world/national/article214604235.html|title=New Supreme Court nominee Kavanaugh has ties to big Florida moments|last1=Madan|first1=Monique O.|date=July 9, 2018|newspaper=Miami Herald|access-date=September 26, 2018}} After Bush became president in January 2001, White House Counsel Alberto Gonzales hired Kavanaugh as an associate. There, Kavanaugh worked on the Enron scandal, the successful nomination of Chief Justice John Roberts, and the unsuccessful nomination of Miguel Estrada to the Court of Appeals. Starting in July 2003, he served as Assistant to the President and White House staff secretary, succeeding Harriet Miers.{{cite web|url=http://whitehousetransitionproject.org/wp-content/uploads/2016/03/WHTP2017-23-Staff-Secretary.pdf|title=The White House Transition Project, 1997–2017 – Report 2017-23 – The Office of the Staff Secretary|via=White House Transition Project|publisher=Rice University, Baker Institute for Public Policy|page=25|access-date=September 26, 2018|archive-date=November 13, 2018|archive-url=https://web.archive.org/web/20181113045123/http://whitehousetransitionproject.org/wp-content/uploads/2016/03/WHTP2017-23-Staff-Secretary.pdf|url-status=dead}} As the staff secretary, Kavanaugh was involved in the president's speechwriting process, helped put together legislation, and worked on drafting and revising executive orders.{{cite news|url=https://www.cbsnews.com/news/access-to-kavanaughs-staff-secretary-work-becomes-flashpoint-for-senators/|title=Access to Kavanaugh's staff secretary work becomes flashpoint for senators|newspaper=CBS News|date=July 27, 2018|access-date=September 28, 2024|archive-date=September 28, 2024|archive-url=https://archive.today/20240928100809/https://www.cbsnews.com/news/access-to-kavanaughs-staff-secretary-work-becomes-flashpoint-for-senators/|url-status=live}} He was also responsible for coordinating all documents going to and from the president.

From 1997 to 1998, Kavanaugh was an associate at the law firm Kirkland & Ellis. Kavanaugh rejoined Kirkland & Ellis in 1999 and eventually became a partner. While there in 2000, he was pro bono counsel of record for relatives of Elián González, a six-year-old rescued Cuban boy. After the boy's mother's death at sea, his relatives in the U.S. wanted to keep him from returning to the care of his sole surviving parent, his father in Cuba. Kavanaugh was among a series of lawyers who unsuccessfully sought to stop efforts to repatriate González to Cuba.{{Cite news|url=https://www.mypalmbeachpost.com/news/brett-kavanaugh-florida-ties-elian-2000-vote-recount-terri-schiavo/KW4h9QMoAZd7mogcLv7AdP/|title=Brett Kavanaugh Florida ties: Elian, 2000 vote recount, Terri Schiavo|last1=Fins|first1=Antonio|date=July 10, 2018|newspaper=Palm Beach Post|access-date=September 26, 2018|archive-date=September 26, 2018|archive-url=https://web.archive.org/web/20180926052022/https://www.mypalmbeachpost.com/news/brett-kavanaugh-florida-ties-elian-2000-vote-recount-terri-schiavo/KW4h9QMoAZd7mogcLv7AdP/|url-status=dead}} The district court, Circuit Court and Supreme Court all followed precedent, refusing to block the repatriation.{{cite journal|first1=Tony|last1=Mauro|url=https://www.law.com/nationallawjournal/2018/07/23/brett-kavanaughs-friends-inside-ex-kirkland-partners-scotus-briefs|title=Brett Kavanaugh's 'Friends': Inside Ex-Kirkland Partner's SCOTUS Briefs|journal=National Law Journal|date=July 23, 2018|access-date=July 29, 2018}}

Also at Kirkland & Ellis, Kavanaugh authored two amicus briefs to the Supreme Court that supported religious activities and expressions in public places. The first, in Santa Fe Independent School District v. Doe (2000), argued that a student speaker at football games voted for by a majority of students should be treated as private speech in a limited public forum; the second, in Good News Club v. Milford Central School, argued that a Christian Bible instruction program should have the same after-school access to school facilities as other non-curriculum-related student groups.{{Cite news|url=http://www.scotusblog.com/2018/07/judge-kavanaugh-on-law-and-religion-issues/|title=Judge Kavanaugh on law and religion issues|last1=Ravitch|first1=Frank|date=July 30, 2018|publisher=SCOTUSblog|access-date=September 26, 2018}}

Kavanaugh has been a member of the Federalist Society since 1988.{{cite news|first1=Peter|last1=Baker|url=https://www.nytimes.com/2018/07/09/us/politics/supreme-court-conservatives-trump.html|title=A Conservative Court Push Decades in the Making, With Effects for Decades to Come|newspaper=The New York Times |date=July 9, 2018|access-date=October 11, 2018|archive-date=October 10, 2018|archive-url=https://web.archive.org/web/20181010121836/https://www.nytimes.com/2018/07/09/us/politics/supreme-court-conservatives-trump.html|url-status=live}}{{cite news|first1=Annie|last1=Grayer|url=https://edition.cnn.com/2018/08/19/politics/brett-kavanaugh-federalist-society-emails/index.html|title=Brett Kavanaugh was concerned with his Federalist Society membership in 2001, emails show|date=August 20, 2018|access-date=October 11, 2018|archive-date=October 11, 2018|archive-url=https://web.archive.org/web/20181011220026/https://edition.cnn.com/2018/08/19/politics/brett-kavanaugh-federalist-society-emails/index.html|url-status=live}} In the administration of George W. Bush, he held a key position that involved judicial appointments. Bush judicial nominees who were Federalist Society members included John Roberts and Samuel Alito, both appointed to the Supreme Court, and about half the judges appointed to the courts of appeals.{{cite news|last1=Baum|first1=Lawrence|last2=Devens|first2=Neal|url=http://www.slate.com/articles/news_and_politics/jurisprudence/2017/01/how_the_federalist_society_became_the_de_facto_selector_of_republican_supreme.html|title=Federalist Court|work=Slate|date=January 17, 2017|access-date=October 13, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231341/https://slate.com/news-and-politics/2017/01/how-the-federalist-society-became-the-de-facto-selector-of-republican-supreme-court-justices.html|url-status=live}}

File:Brett Michael Kavanaugh Takes Oath.jpg as his wife holds the Bible and President Bush looks on, 2006. Coincidentally, Kavanaugh would be sworn into the U.S. Supreme Court 12 years later as Kennedy's replacement.]]

President George W. Bush nominated Kavanaugh to the United States Court of Appeals for the District of Columbia Circuit on July 25, 2003,{{cite web |title=Presidential Nomination 840, 108th United States Congress |date=July 25, 2013 |url=https://www.congress.gov/nomination/108th-congress/840 |publisher=United States Congress |access-date=July 6, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231431/https://www.congress.gov/nomination/108th-congress/840 |url-status=live }} but his nomination stalled in the Senate for nearly three years. Democratic senators accused him of being too partisan, with Senator Dick Durbin calling him the "Forrest Gump of Republican politics".{{cite web|url=http://www.gpo.gov/fdsys/pkg/CHRG-108shrg24853/html/CHRG-108shrg24853.htm|title=Conformation hearing on the nomination of Brett M. Kavanaugh to be Circuit Judge for the District of Columbia Circuit|publisher=U.S. Government Publishing Office|location=Washington D.C.|date=April 27, 2004|access-date=April 27, 2015|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231344/https://www.govinfo.gov/content/pkg/CHRG-108shrg24853/html/CHRG-108shrg24853.htm|url-status=live}}{{cite news|work=NPR|url=https://www.npr.org/2018/09/04/644520404/as-kavanaugh-nomination-hearing-begins-democrats-decry-process|title=As Kavanaugh Nomination Hearing Begins, Democrats Decry Process|date=September 4, 2018|access-date=October 24, 2021|archive-date=October 27, 2021|archive-url=https://web.archive.org/web/20211027111843/https://www.npr.org/2018/09/04/644520404/as-kavanaugh-nomination-hearing-begins-democrats-decry-process|url-status=live}} In 2003, the American Bar Association had rated Kavanaugh "well qualified" (its highest category), but after doing dozens more interviews in 2006, downgraded him to "qualified".{{cite news|title=The American Bar Association had concerns about Kavanaugh 12 years ago. Republicans dismissed those, too.|url=https://www.washingtonpost.com/politics/2018/09/28/american-bar-association-had-kavanaugh-concerns-years-ago-republicans-dismissed-those-too/|newspaper=The Washington Post|first1=Avi|last1=Selk|date=September 28, 2018|access-date=September 30, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231352/https://www.washingtonpost.com/politics/2018/09/28/american-bar-association-had-kavanaugh-concerns-years-ago-republicans-dismissed-those-too/|url-status=live}}

The Senate Judiciary Committee recommended he be confirmed on a 10–8 party-line vote on May 11, 2006,{{cite web|url=http://purl.access.gpo.gov/GPO/LPS72095|title=Confirmation Hearing on the Nomination of Brett Kavanaugh to be Circuit Judge for the District of Columbia Circuit: Hearing before the Committee on the Judiciary, United States Senate, One Hundred Ninth Congress, Second Session|publisher=United States Government Publishing Office|location=Washington, D.C.|date=May 9, 2006|access-date=July 5, 2018}} and he was confirmed by the Senate on May 26 by a vote of 57–36.{{cite web |title=Presidential Nomination 1179, 109th United States Congress |date=January 25, 2006 |url=https://www.congress.gov/nomination/109th-congress/1179 |publisher=United States Congress |access-date=July 6, 2018}}{{cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=2&vote=00159|title=U.S. Senate: U.S. Senate Roll Call Votes 109th Congress – 2nd Session|publisher=United States Senate|location=Washington, D.C.|date=May 26, 2006}} Kavanaugh was sworn in on June 1.{{cite news|first1=Deb|last1=Riechmann|url=http://hosted.ap.org/dynamic/stories/B/BUSH_JUDGES?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT|title=Bush: Review of Judges Is Mean-Spirited|agency=Associated Press|date=November 15, 2006|url-status=dead|archive-url=https://web.archive.org/web/20071128110613/http://hosted.ap.org/dynamic/stories/B/BUSH_JUDGES?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT|archive-date=November 28, 2007}} He was the fourth judge nominated to the D.C. Circuit by Bush and confirmed. Kavanaugh began hearing cases on September 11 and had his formal investiture on September 27.{{cite court|litigants=National Fuel Gas Supply Corp. v. FERC|court=D.C. Cir.|reporter=F.3d|vol=468|opinion=831|date=2006|url=https://scholar.google.com/scholar_case?case=7691853578046812356}}

In July 2007, senators Patrick Leahy and Dick Durbin accused Kavanaugh of lying to the Judiciary Committee when he denied being involved in formulating the Bush administration's detention and interrogation policies. In 2002, Kavanaugh had told other White House lawyers that he believed Supreme Court justice Anthony Kennedy would not approve of denying legal counsel to prisoners detained as enemy combatants.{{cite news | last1 =Shapiro | first1 =Ari | title =Federal Judge Downplayed Role in Detainee Cases | publisher=NPR | date =June 26, 2007 | url =https://www.npr.org/templates/story/story.php?storyId=11433231 | access-date =July 10, 2018 }}{{cite news|first1=Neil A.|last1=Lewis|url=https://www.nytimes.com/2007/07/04/washington/04judge.html|title=2 Senators Accuse Judge of Misleading Committee|newspaper=The New York Times |date=July 4, 2007|access-date=July 5, 2018}} The issue reemerged in July 2018 after Kavanaugh was nominated to the Supreme Court.{{cite news | last1 =Lesniewski | first1 =Niels | title =Democratic Senators Once Accused Potential Trump SCOTUS Pick of Offering Misleading Testimony: Durbin, Leahy had concerns Brett Kavanaugh wasn't truthful during 2006 confirmation hearing | newspaper=Roll Call | location =Washington, D.C. | date =July 6, 2018 | url =https://www.rollcall.com/news/politics/democratic-senators-accused-potential-trump-scotus-pick-offering-misleading-testimony | access-date =July 10, 2018 | archive-date =February 14, 2021 | archive-url =https://web.archive.org/web/20210214231346/https://www.rollcall.com/2018/07/06/democratic-senators-once-accused-potential-trump-scotus-pick-of-offering-misleading-testimony/ | url-status =live }}

On the 14 occasions on which Kavanaugh authored opinions that were considered by the Supreme Court, the Court adopted his position 13 times and reversed his position once. These included cases involving environmental regulations, criminal procedure, the separation of powers and extraterritorial jurisdiction in human rights abuse cases.{{Cite news| issn = 0099-9660| last1 = Jones| first1 = Ashby| title = Judge Brett Kavanaugh: In His Own Words| work=The Wall Street Journal| date = July 10, 2018| url = https://www.wsj.com/articles/judge-brett-kavanaugh-in-his-own-words-1531187704| url-access = subscription| access-date = August 18, 2018| archive-date = February 14, 2021| archive-url = https://web.archive.org/web/20210214231344/https://www.wsj.com/articles/judge-brett-kavanaugh-in-his-own-words-1531187704| url-status = live}} He was regarded as a feeder judge.{{cite news |last1=Gregory |first1=Patrick |title=D.C. Circuit's Kavanaugh Not Afraid to Say No to Obama |url=https://www.bna.com/dc-circuits-kavanaugh-n57982070414 |publisher=Bloomberg BNA |date=April 28, 2016 |access-date=July 27, 2018 |archive-url=https://web.archive.org/web/20180812110924/https://www.bna.com/dc-circuits-kavanaugh-n57982070414/ |archive-date=August 12, 2018 |url-status=dead }}

In the October 2017 decision Garza v. Hargan, Kavanaugh joined an unsigned, divided panel of the D.C. Circuit in holding that the Office of Refugee Resettlement does not violate an unaccompanied alien minor's constitutional right to an abortion by requiring that she first be appointed a sponsor before traveling to obtain the abortion, provided "the process of securing a sponsor to whom the minor is released occurs expeditiously".{{cite court |litigants=Garza v. Hargan |vol=2017 WL 9854552, at *1 |court=D.C. Cir. |date=2017 |url=https://assets.documentcloud.org/documents/4114014/Garza.pdf}}{{cite journal|date=2018|title=Recent Case: En Banc D.C. Circuit Upholds Order Requiring HHS to Allow an Undocumented Minor to Have an Abortion|url=https://harvardlawreview.org/wp-content/uploads/2018/04/1812-1819_Online.pdf|journal=Harvard Law Review|volume=131|page=1812|access-date=July 6, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231242/https://harvardlawreview.org/wp-content/uploads/2018/04/1812-1819_Online.pdf|url-status=live}} Days later, the en banc D.C. Circuit reversed that judgment, with Kavanaugh dissenting.{{cite court|litigants=Garza v. Hargan|court=D.C. Cir.|reporter=F.3d|vol=874|opinion=735|date=2017) (en banc) (per curiam|url=https://scholar.google.com/scholar_case?case=7032953363014972270}} In his dissent, he criticized the majority for creating "a new right for unlawful immigrant minors in U.S. government detention to obtain immediate abortion on demand".{{cite news |last1=Greenhouse |first1=Linda |author-link=Linda Greenhouse |title=A Kavanaugh Signal on Abortion? |url=https://www.nytimes.com/2018/07/18/opinion/abortion-kavanaugh-trump-supreme-court.html |work=The New York Times |date=July 18, 2018 |access-date=August 1, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231350/https://www.nytimes.com/2018/07/18/opinion/abortion-kavanaugh-trump-supreme-court.html |url-status=live }} The girl then obtained an abortion. In 2018, in a follow-up petition from the Solicitor General of the United States, the U.S. Supreme Court vacated the en banc D.C. Circuit's judgment and the girl's claim was ultimately dismissed as moot and does not serve as precedent.{{cite web| title = Azar v. Garza| publisher=Oyez Project| url = https://www.oyez.org/cases/2017/17-654| access-date = August 1, 2018| archive-date = August 1, 2018| archive-url = https://web.archive.org/web/20180801221335/https://www.oyez.org/cases/2017/17-654| url-status = live}}

In November 2011, Kavanaugh dissented when the D.C. Circuit upheld the Patient Protection and Affordable Care Act (ACA), arguing that the court lacked jurisdiction in the case.{{cite magazine |last1=Toobin |first1=Jeffrey |title=Holding Court |url=https://www.newyorker.com/magazine/2012/03/26/holding-court |magazine=The New Yorker |issue=March 26, 2012 |access-date=July 6, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231326/https://www.newyorker.com/magazine/2012/03/26/holding-court |url-status=live }}{{cite court |litigants=Seven-Sky v. Holder |vol=661 |reporter=F.3d |opinion=1 |court=D.C. Cir. |year=2011|url=https://scholar.google.com/scholar_case?case=12283140068462647556}} In his dissent, he compared the individual mandate to a tax. After a unanimous panel found that the ACA did not violate the Constitution's Origination Clause in Sissel v. United States Department of Health & Human Services (2014), Kavanaugh wrote a long dissent from the denial of rehearing en banc.{{Bluebook journal|last=Note|first=|title=Recent Cases: D.C. Circuit Reaffirms that Affordable Care Act Falls Outside Scope of the Origination Clause by Denying Petition for En Banc Review|volume=129|journal=Harvard Law Review|page=2003|url=http://cdn.harvardlawreview.org/wp-content/uploads/2016/05/2003-2010-Online.pdf|year=2016}}{{cite court |litigants=Sissel v. United States Department of Health & Human Services |vol=799 |reporter=F.3d |opinion=1035 |court=D.C. Cir. |year=2015|url=https://scholar.google.com/scholar_case?case=7566948244478302925}} In May 2015, he dissented from a decision that denied an en banc rehearing of Priests for Life v. HHS, in which the panel upheld the ACA's contraceptive mandate accommodations against Priests for Life{{'}}s Religious Freedom Restoration Act claims.{{Cite book| publisher=Cambridge University Press| isbn = 978-1-107-16901-2| last1 = Blackman| first1 = Josh| title = Unraveled: Obamacare, Religious Liberty, and Executive Power| date = September 26, 2016| url = https://books.google.com/books?id=taoODQAAQBAJ&pg=PA366| access-date = August 18, 2018| archive-date = February 14, 2021| archive-url = https://web.archive.org/web/20210214231326/https://books.google.com/books?id=taoODQAAQBAJ&pg=PA366| url-status = live}}{{cite court |litigants=Priests for Life v. U.S. Dep't of Health & Human Servs. |vol=808 |reporter=F.3d |opinion=1 |court=D.C. Cir. |date=2015) (en banc|url=https://scholar.google.com/scholar_case?case=1961295051576872809}} In Zubik v. Burwell (2016), the Supreme Court vacated the circuit's judgment in a per curiam decision.{{Bluebook journal |first=Josh|last=Blackman| title=The Supreme Court, 2015 Term — Comment: Gridlock| volume=130 | journal=Harvard Law Review | page=241 | url=http://harvardlawreview.org/wp-content/uploads/2016/11/241-305-Blackman_Online.pdf| year=2016}}

In August 2008, Kavanaugh dissented when the D.C. Circuit found that the Constitution's Appointments Clause did not prevent the Sarbanes–Oxley Act from creating a board whose members were not directly removable by the president.{{Bluebook journal |last=Note|first=|title=Recent Case: D.C. Circuit Holds that the SEC Chairman Is Not the "Head" of the SEC| volume=122 | journal=Harvard Law Review | page=2267 | url=https://harvardlawreview.org/wp-content/uploads/pdfs/vol_122_free_enterprise_fund_v_public_accounting_oversight_board.pdf| year=2009}}{{cite court |litigants=Free Enterprise Fund v. Public Co. Accounting Oversight Board |vol=537 |reporter=F.3d |opinion=667 |court=D.C. Cir. |date=2009|url=https://scholar.google.com/scholar_case?case=16259979219554553444}} In Free Enterprise Fund v. Public Company Accounting Oversight Board (2010), the Supreme Court reversed the circuit court's judgment by a vote of 5–4.{{Bluebook journal |last=Note|first=|title=The Supreme Court, 2009 Term — Leading Cases|volume=124|journal=Harvard Law Review|page=179 | url=https://harvardlawreview.org/wp-content/uploads/pdfs/vol_12401free_enterprise_fund_v_PCAOB.pdf|year=2010}}

In 2015, Kavanaugh found that those directly regulated by the Consumer Financial Protection Bureau (CFPB) could challenge the constitutionality of its design.{{Bluebook journal|last=Note|first=|title=Recent Case: D.C. Circuit Limits Prospects for Challenging Dodd-Frank's Orderly Liquidation Authority|volume=129|journal=Harvard Law Review|page=835|url=http://cdn.harvardlawreview.org/wp-content/uploads/2016/01/big_spring_v_lew.pdf|year=2016}}{{cite court|litigants=State National Bank of Big Spring v. Lew|court=D.C. Cir.|reporter=F.3d|vol=795|opinion=48|year=2015|url=https://scholar.google.com/scholar_case?case=2579320757355913040}} In October 2016, he wrote for a divided panel finding that the CFPB's design was unconstitutional, and made the CFPB director removable by the president of the United States.{{cite news |url=https://www.nytimes.com/2016/10/12/business/dealbook/consumer-financial-protection-bureau-court-ruling-unconstitutional.html |title=Court Upholds Consumer Agency, Minus Its Leader's Job Security |last1=Cowley |first1=Stacy |date=October 12, 2016 |work=The New York Times |page=B2 |access-date=October 18, 2016 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231346/https://www.nytimes.com/2016/10/12/business/dealbook/consumer-financial-protection-bureau-court-ruling-unconstitutional.html |url-status=live }}{{cite court|litigants=PHH Corp. v. Consumer Financial Protection Bureau|court=D.C. Cir.|reporter=F.3d|vol=839|opinion=1|date=2017|url=https://scholar.google.com/scholar_case?case=668509147734540905}} In January 2018, the en banc D.C. Circuit reversed that judgment by a vote of 7–3, over Kavanaugh's dissent.{{cite court|litigants=PHH Corp. v. Consumer Financial Protection Bureau|court=D.C. Cir.|reporter=F.3d|vol=881|opinion=75|date=2018) (en banc|url=https://scholar.google.com/scholar_case?case=13735252432428480002}}{{cite news|url=http://www.abajournal.com/news/article/full_dc_circuit_upholds_structure_of_consumer_financial_protection_bureau|title=Full DC Circuit upholds structure of Consumer Financial Protection Bureau|last1=Weiss|first1=Debra Cassens|date=January 31, 2018|work=ABA Journal|access-date=July 6, 2018}}

In 2013, Kavanaugh issued an extraordinary writ of mandamus requiring the Nuclear Regulatory Commission to process the license application of the Yucca Mountain nuclear waste repository, over the dissent of Judge Merrick Garland.{{Bluebook journal |last=Note|first=||title=Recent Case: D.C. Circuit Compels Nuclear Regulatory Commission to Follow Statutory Mandate |volume=127 |journal=Harvard Law Review |page=1033 |url=https://harvardlawreview.org/wp-content/uploads/pdfs/vol127_in_re_aiken_county.pdf|year=2013}}{{cite court |litigants=In re Aiken County |court=D.C. Cir. |reporter=F.3d |vol=725 |opinion=255 |year=2013 |url=https://scholar.google.com/scholar_case?case=4044946221491972933}} In April 2014, Kavanaugh dissented when the court found that Labor Secretary Tom Perez could issue workplace safety citations against SeaWorld regarding the multiple killings of its workers by Tilikum, an orca.{{Cite book |last1=Schaffner |first1=Joan E. |title=Animal Law and Welfare - International Perspectives |chapter=Blackfish and Public Outcry: A Unique Political and Legal Opportunity for Fundamental Change to the Legal Protection of Marine Mammals in the United States |volume=53 |date=2016 |pages=237–261 |doi=10.1007/978-3-319-26818-7_11 |series=Ius Gentium: Comparative Perspectives on Law and Justice |isbn=978-3-319-26816-3 }}{{cite court|litigants=SeaWorld of Florida, LLC v. Perez|court=D.C. Cir.|reporter=F.3d|vol=748|opinion=1202|date=2014|url=https://scholar.google.com/scholar_case?case=7763034376466067880}}

After Kavanaugh wrote for a divided panel striking down a Clean Air Act regulation, the Supreme Court reversed by a vote of 6–2 in EPA v. EME Homer City Generation, L.P. (2014).{{Bluebook journal |last=Note|first=|title=The Supreme Court, 2013 Term — Leading Cases|volume=128|journal=Harvard Law Review|page=351 | url=http://cdn.harvardlawreview.org/wp-content/uploads/2014/11/EPA_v_EME_homer.pdf| year=2014}}{{cite court |litigants=EME Homer City Generation, L.P. v. EPA|vol=696|reporter=F.3d|opinion=7|court=D.C. Cir.|year=2012|url=https://scholar.google.com/scholar_case?case=17833444888230748743}} Kavanaugh dissented from the denial of rehearing en banc of a unanimous panel opinion upholding the agency's regulation of greenhouse gas emissions and the Supreme Court reversed by a vote of 5–4 in Utility Air Regulatory Group v. Environmental Protection Agency (2014).{{Bluebook journal|last=Note|first=|title=The Supreme Court, 2013 Term — Leading Cases|volume=128|journal=Harvard Law Review|page=361|url=http://cdn.harvardlawreview.org/wp-content/uploads/2014/11/UARG_v_EPA.pdf|year=2014}}{{cite court |litigants=Coal. for Responsible Regulation, Inc. v. EPA |vol=696 |reporter=No. 09-1322, 2012 WL 6621785 |court=D.C. Cir. |date=December 20, 2012|url=https://scholar.google.com/scholar_case?case=17844697753032512423}} After Kavanaugh dissented from a per curiam decision allowing the agency to disregard cost–benefit analysis, the Supreme Court reversed by a vote of 5–4 in Michigan v. EPA (2015).{{Bluebook journal|last=Note|first=|title=The Supreme Court, 2014 Term — Leading Cases|volume=129|journal=Harvard Law Review|page=311|url=http://cdn.harvardlawreview.org/wp-content/uploads/2015/11/311-320-Online.pdf|year=2015}}{{cite court|litigants=White Stallion Energy Ctr., LLC v. EPA |vol=748|reporter=F.3d|opinion=1222|court=D.C. Cir.|date=2014) (per curiam|url=https://scholar.google.com/scholar_case?case=12809509887889779783}}

In Doe v. Exxon Mobil Corp. (2007), Kavanaugh dissented when the circuit court allowed a lawsuit making accusations of ExxonMobil human rights violations in Indonesia to proceed, arguing that the claims were not justiciable.{{Bluebook journal|last=Note|first=|title=Recent Case: D.C. Circuit Declines To Overturn Lower Court's Finding of Justiciablity in Tort Suit Brought by Indonesian Villagers|volume=121|journal=Harvard Law Review|page=898|url=https://harvardlawreview.org/wp-content/uploads/pdfs/doe_v_exxon_mobil.pdf|year=2008}}{{cite court|litigants=Doe v. Exxon Mobil Corp.|court=D.C. Cir.|reporter=F.3d|vol=473|opinion=345|year=2007|url=https://scholar.google.com/scholar_case?case=2898355848533048038}} He dissented again when the circuit court later found that the corporation could be sued under the Alien Tort Statute of 1789.{{Bluebook journal |first=|last=Note| title=Recent Case: D.C. Circuit Holds Corporations Not Immune from ATS Claims| volume=125 | journal=Harvard Law Review | page=674 | url=https://harvardlawreview.org/wp-content/uploads/pdfs/vol125_doe_VIII_v_exxon.pdf| year=2011}}{{cite court |litigants=Doe VIII v. Exxon Mobil Corp. |vol=654 |reporter=F.3d |opinion=11 |court=D.C. Cir. |date=2011|url=https://scholar.google.com/scholar_case?case=5749540025048255283}}

Kavanaugh wrote for unanimous three-judge district courts when they held that the Bipartisan Campaign Reform Act could restrict soft money donations to political parties and forbid campaign contributions by foreign citizens.{{cite court|litigants=Republican Nat. Committee v. Federal Election Comm.|court=D.D.C.|reporter=F.Supp.2d|vol=698|opinion=150|date=2010|url=https://scholar.google.com/scholar_case?case=1640495782400720370}}{{cite court|litigants=Bluman v. Federal Election Comm.|court=D.D.C.|reporter=F.Supp.2d|vol=800|opinion=281|date=2011|url=https://scholar.google.com/scholar_case?case=1121532194737627452}} The Supreme Court summarily affirmed both those judgments on direct appeal.{{cite news |last1=Davis |first1=Charles |title=Kavanaugh and campaign finance: Republican National Committee v. Federal Election Commission |url=http://www.scotusblog.com/2018/07/kavanaugh-and-campaign-finance-republican-national-committee-v-federal-election-commission |publisher=SCOTUSblog |date=July 13, 2018 |access-date=July 28, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231341/https://www.scotusblog.com/2018/07/kavanaugh-and-campaign-finance-republican-national-committee-v-federal-election-commission/ |url-status=live }}

In 2014, Kavanaugh concurred in the judgment when the en banc D.C. Circuit found that the Free Speech Clause did not forbid the government from requiring meatpackers to include a country of origin label on their products.{{Bluebook journal|last=Note|first=|title=Recent Case: D.C. Circuit Applies Less Stringent Test to Compelled Disclosures|volume=128|journal=Harvard Law Review|page=1526|url=http://harvardlawreview.org/wp-content/uploads/2015/03/American_Meat_Institute_v_USDA.pdf|year=2015}}{{cite court|litigants=American Meat Institute v. USDA|court=D.C. Cir.|reporter=F.3d|vol=760|opinion=18|date=2017) (en banc|url=https://scholar.google.com/scholar_case?case=3344868595116440261}} In United States Telecom Ass'n v. FCC (2016), he dissented when the en banc circuit refused to rehear a rejected challenge to the net neutrality rule, writing, "Congress did not clearly authorize the FCC to issue the net neutrality rule."{{cite court |litigants=United States Telecom Association v. FCC (2016)|vol=855 |reporter=F.3d |opinion=381 |court=D.C. Cir. |date=2017) (en banc|url=https://scholar.google.com/scholar_case?case=608357842885836722}}{{Cite news| title = FCC Net Neutrality Case Rehearing Rejected by Appeals Court| publisher=Bloomberg| date = May 1, 2017| url = https://www.bloomberg.com/news/articles/2017-05-01/fcc-net-neutrality-case-rehearing-rejected-by-u-s-appeals-court| access-date = August 1, 2018}}

In November 2010, Kavanaugh dissented from the denial of rehearing en banc after the circuit found that attaching a Global Positioning System tracking device to a vehicle violated the Fourth Amendment to the United States Constitution.{{Bluebook journal|last=Note|first=||title=The Supreme Court, 2011 Term — Leading Cases|volume=126|journal=Harvard Law Review|page=176|url=https://harvardlawreview.org/wp-content/uploads/pdfs/vol126_united_states_v_jones.pdf|year=2012}}{{cite court|litigants=United States v. Jones (2012)|court=D.C. Cir.|reporter=F.3d|vol=625|opinion=766|date=2010|url=https://scholar.google.com/scholar_case?case=10089966427044702344}} The Supreme Court then affirmed the circuit's judgment in United States v. Jones (2012).{{cite web |title=United States v. Jones |url=http://www.scotusblog.com/case-files/cases/united-states-v-jones |publisher=SCOTUSblog |access-date=July 28, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231333/https://www.scotusblog.com/case-files/cases/united-states-v-jones/ |url-status=live }} In February 2016, Kavanaugh dissented when the en banc circuit refused to rehear police officers' rejected claims of qualified immunity for arresting partygoers in a vacant house.{{cite court |litigants=Wesby v. District of Columbia |vol=816 |reporter=F.3d |opinion=96 |court=D.C. Cir. |date=2016) (en banc|url=https://scholar.google.com/scholar_case?case=10564805873804104055}} The Supreme Court unanimously reversed the circuit's judgment in District of Columbia v. Wesby (2018).{{cite web |title=District of Columbia v. Wesby |url=https://www.oyez.org/cases/2017/15-1485 |publisher=Oyez Project |access-date=July 11, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231347/https://www.oyez.org/cases/2017/15-1485 |url-status=live }}

In Klayman v. Obama (2015), Kavanaugh concurred when the circuit court denied an en banc rehearing of its decision to vacate a district court order blocking the National Security Agency's warrantless bulk collection of telephony metadata,{{cite news |last1=Weiss |first1=Debra Cassens |title=Supreme Court nominee Kavanaugh's record on surveillance could raise questions for Rand Paul |url=http://www.abajournal.com/news/article/supreme_court_nominee_kavanaughs_record_on_surveillance_could_raise_questio |access-date=August 22, 2018 |work=ABA Journal |date=July 16, 2018 }}{{cite court|litigants=Klayman v. Obama|court=D.C. Cir.|reporter=F.3d|vol=805|opinion=1148|year=2015|url=https://scholar.google.com/scholar_case?case=18099556907815522361}} writing that the metadata collection was not a search, and even if it were, no reasonable suspicion would be required because of the government's special need to prevent terrorist attacks.{{cite news |last1=Feeney |first1=Matthew |title=Kavanaugh, Klayman, and the Fourth Amendment |url=https://www.cato.org/blog/kavanaugh-klayman-fourth-amendment |publisher=Cato Institute |date=July 13, 2018 |access-date=July 13, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231338/https://www.cato.org/blog/kavanaugh-klayman-fourth-amendment |url-status=live }}

File:Brett Kavanaugh and Tony Blair.jpg and President George W. Bush. ]]

In April 2009, Kavanaugh wrote a long concurrence when the court found that detainees at the Guantanamo Bay detention camp had no right to advance notice before being transferred to another country.{{Bluebook journal|first=Stephen I.|last=Vladeck|title=The Unreviewable Executive: Kiyemba, Maqaleh, and the Obama Administration|volume=26|journal=Const. Comm.|page=603|url=https://scholarship.law.umn.edu/concomm/1029 |year=2010}}{{cite court|litigants=Kiyemba v. Obama|court=D.C. Cir.|reporter=F.3d|vol=561|opinion=505|year=2009|url=https://scholar.google.com/scholar_case?case=17744177264046175322}} In Kiyemba v. Bush (2010), the Supreme Court vacated that judgment while refusing to review the matter.{{cite web|title=Kiyemba v. Obama|url=https://www.oyez.org/cases/2009/08-1234|publisher=Oyez Project|access-date=July 13, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231348/https://www.oyez.org/cases/2009/08-1234|url-status=live}} In June 2010, Kavanaugh wrote a concurrence in judgment when the en banc D.C. Circuit found that the Al-Shifa pharmaceutical factory owners could not bring a defamation suit regarding the government's allegations that they were terrorists.{{Bluebook journal|last=Note|first=|title=Recent Case: D.C. Circuit Holds That Government Officials' Potentially Defamatory Allegations Regarding Plaintiffs' Terrorist Ties Are Protected by Political Question Doctrine|volume=124|journal=Harvard Law Review|page=640|url=https://harvardlawreview.org/wp-content/uploads/2010/12/vol_12402_el-shifa_pharm_v_us.pdf|year=2010}}{{cite court|litigants=El-Shifa Pharmaceutical Industries Co. v. United States|court=D.C. Cir.|reporter=F.3d|vol=607|opinion=836|date=2010) (en banc|url=https://scholar.google.com/scholar_case?case=17432468308965828460}} In October 2012, he wrote for a unanimous court when it found that the Constitution's Ex Post Facto Clause made it unlawful for the government to prosecute Salim Hamdan under the Military Commissions Act of 2006 on charges of providing material support for terrorism.{{Bluebook journal|last=Note|first=|title=Recent Case: D.C. Circuit Interprets Military Commissions Act of 2006 to Bar Retroactive Application of Material Support Prohibition|volume=126|journal=Harvard Law Review|page=1683|url=https://harvardlawreview.org/wp-content/uploads/2013/04/vol126_hamdan_v_united_states.pdf|year=2013}}{{cite court|litigants=Hamdan v. United States|court=D.C. Cir.|reporter=F.3d|vol=696|opinion=1238|year=2012|url=https://scholar.google.com/scholar_case?case=15648526132006268678}} In August 2010, Kavanaugh wrote a lengthy concurrence when the en banc circuit refused to rehear Ghaleb Nassar Al Bihani's rejected claims that the international law of war limits the Authorization for Use of Military Force Against Terrorists.{{cite court |litigants=Al-Bihani v. Obama |vol=619 |reporter=F.3d |opinion=1 |court=D.C. Cir. |date=2010) (en banc|url=https://scholar.google.com/scholar_case?case=8745018070447430539}} In 2014, he concurred in the judgment when the en banc circuit found that Ali al-Bahlul could be retroactively convicted of war crimes, provided the existing statute already made it a crime "because it does not alter the definition of the crime, the defenses or the punishment".{{Bluebook journal |last=Note |first= |title=Recent Cases: D.C. Circuit Reinterprets Military Commissions Act of 2006 to Allow Retroactive Prosecution of Conspiracy to Commit War Crimes |volume=128 |journal=Harvard Law Review |page=2040 |url=http://harvardlawreview.org/wp-content/uploads/2015/05/Al_Bahlul2.pdf |year=2015}}{{cite court |litigants=Al Bahlul v. United States |vol=767 |reporter=F.3d |opinion=1 |court=D.C. Cir. |year=2014 |url=https://scholar.google.com/scholar_case?case=8249953016768192848}} In October 2016, Kavanaugh wrote the plurality opinion when the en banc circuit found al-Bahlul could be convicted by a military commission even if his offenses are not internationally recognized as war crimes.{{cite news |first1=Ann |last1=Marimow |title=Appeals court upholds conspiracy conviction of Guantanamo Bay detainee |url=https://www.washingtonpost.com/local/public-safety/appeals-court-upholds-conspiracy-conviction-of-guantanamo-bay-detainee/2016/10/20/dae889dc-96d9-11e6-bc79-af1cd3d2984b_story.html |newspaper=The Washington Post |date=October 20, 2016 |access-date=October 24, 2016 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231412/https://www.washingtonpost.com/local/public-safety/appeals-court-upholds-conspiracy-conviction-of-guantanamo-bay-detainee/2016/10/20/dae889dc-96d9-11e6-bc79-af1cd3d2984b_story.html |url-status=live}}{{cite court |litigants=Al Bahlul v. United States |vol=804 |reporter=F.3d |opinion=757 |court=D.C. Cir. |year=2016|url=https://scholar.google.com/scholar_case?case=17350518888748604428}} In Meshal v. Higgenbotham (2016), Kavanaugh concurred when the divided panel threw out a claim by an American that he had been disappeared by the FBI in a Kenyan black site.{{Bluebook journal|last=Note |first= |title=Recent Case: D.C. Circuit Holds that U.S. Citizen Detained and Interrogated Abroad Cannot Hold FBI Agents Individually Liable for Violations of His Constitutional Rights |volume=129 |journal=Harvard Law Review |page=1795 |url=http://cdn.harvardlawreview.org/wp-content/uploads/2016/04/1795-1802-Online.pdf |year=2016}}{{cite court |litigants=Meshal v. Higgenbotham |vol=804 |reporter=F.3d |opinion=417 |court=D.C. Cir. |year=2015|url=https://scholar.google.com/scholar_case?case=15408704117368909482}}

In October 2011, Kavanaugh dissented when the circuit court found that a ban on the sale of semi-automatic rifles was permissible under the Second Amendment. This case followed the landmark Supreme Court ruling District of Columbia v. Heller (2008).{{cite web| title = Judge Kavanaugh's Record on Second Amendment/Gun Rights| website=National Review| date = July 4, 2018| url = https://www.nationalreview.com/bench-memos/judge-kavanaughs-record-on-second-amendment-gun-rights/| access-date = August 18, 2018| archive-date = February 14, 2021| archive-url = https://web.archive.org/web/20210214231341/https://www.nationalreview.com/bench-memos/judge-kavanaughs-record-on-second-amendment-gun-rights/| url-status = live}}{{cite court |litigants=Heller v. District of Columbia |vol=607 |reporter=F.3d |opinion=1244 |court=D.C. Cir. |year=2011|url=https://scholar.google.com/scholar_case?case=8354949939576611637}}

In March 2012, Kavanaugh wrote the opinion in Coalition for Mercury-Free Drugs v. Sebelius,671 F.3d 1275 (D.C. Cir. 2012). holding that opponents of thimerosal-preserved vaccines lacked standing to challenge determinations by the Food and Drug Administration that vaccines and their components are safe and effective. SCOTUSblog provided the case as an example of the fact that "[e]ven when Kavanaugh rejects a claim, he sometimes uses his discussion of standing to show that he has heard the plaintiff's argument and taken it seriously".{{cite web|url=https://www.scotusblog.com/2018/08/judge-kavanaugh-and-justiciability/|title=Judge Kavanaugh and justiciability|first=Aaron|last=Nielson|publisher=SCOTUSblog|date=August 14, 2018|access-date=October 24, 2020|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231352/https://www.scotusblog.com/2018/08/judge-kavanaugh-and-justiciability/|url-status=live}} Bloomberg wrote, "Kavanaugh's opinion for the court repeatedly went out of its way to show it respected the Coalition for Mercury-Free Drugs's (CoMeD) 'genuine concern' regarding thimerosal", but nevertheless "said the coalition was required to seek a ban through the executive or legislative branches".{{cite web|url=https://news.bloomberglaw.com/us-law-week/group-must-petition-congress-not-court-to-remove-mercury-preservative-in-vaccines|title=Group Must Petition Congress, Not Court, To Remove Mercury Preservative in Vaccines|publisher=Bloomberg Law, United States Law Week|date=March 20, 2012|access-date=October 24, 2020|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231354/https://news.bloomberglaw.com/us-law-week/group-must-petition-congress-not-court-to-remove-mercury-preservative-in-vaccines|url-status=live}}

Twenty-five of Kavanaugh's 48 law clerks have been women, and 13 people of color.{{cite news|url=https://www.washingtonpost.com/local/public-safety/brett-kavanaugh-once-called-a-government-program-for-native-hawaiians-a-naked-racial-spoils-system-would-he-end-affirmative-action/2018/08/07/d4123ffc-94f4-11e8-a679-b09212fb69c2_story.html|title=Brett Kavanaugh once predicted 'one race' in the eyes of government. Would he end affirmative action?|last1=Marimow|first1=Ann E.|date=August 7, 2018|newspaper=The Washington Post|access-date=August 19, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231413/https://www.washingtonpost.com/local/public-safety/brett-kavanaugh-once-called-a-government-program-for-native-hawaiians-a-naked-racial-spoils-system-would-he-end-affirmative-action/2018/08/07/d4123ffc-94f4-11e8-a679-b09212fb69c2_story.html|url-status=live}} Some have been children of other judges and high-profile legal figures, including Clayton Kozinski (son of former federal Judge Alex Kozinski), Porter Wilkinson (daughter of Judge J. Harvie Wilkinson III), Philip Alito (son of Justice Samuel Alito), Sophia Chua-Rubenfeld (daughter of Yale Law professors Amy Chua and Jed Rubenfeld), and Emily Chertoff (daughter of former DHS secretary Michael Chertoff).{{cite web|url=https://www.grassley.senate.gov/news/news-releases/judge-kavanaugh-clerks-laud-nomination-supreme-court|title=Judge Kavanaugh Clerks Laud Nomination to Supreme Court {{!}} Chuck Grassley|publisher=www.grassley.senate.gov|date=July 11, 2018|access-date=August 19, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231355/https://www.grassley.senate.gov/news/news-releases/judge-kavanaugh-clerks-laud-nomination-supreme-court|url-status=live}}{{Cite news|url=https://www.wsj.com/articles/kavanaugh-is-a-mentor-to-women-1531435729|title=Kavanaugh Is a Mentor To Women|last1=Chua|first1=Amy|date=July 12, 2018|work=The Wall Street Journal|access-date=August 19, 2018|issn=0099-9660|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231401/https://www.wsj.com/articles/kavanaugh-is-a-mentor-to-women-1531435729|url-status=live}}

On September 20, 2018, The Guardian reported that two Yale professors had advised female law students at Yale that their physical appearance and femininity could play a role in securing a clerkship with Kavanaugh. Rubenfeld said that Kavanaugh "hires women with a certain look" but did not say what that "look" was.{{cite news|url=https://www.theguardian.com/us-news/2018/sep/20/brett-kavanaugh-supreme-court-yale-amy-chua|title='No accident' Brett Kavanaugh's female law clerks 'looked like models', Yale professor told students|first1=Stephanie|last1=Kirchgaessner|first2=Jessica|last2=Glenza|date=September 20, 2018|newspaper=The Guardian|access-date=January 28, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231406/https://www.theguardian.com/us-news/2018/sep/20/brett-kavanaugh-supreme-court-yale-amy-chua|url-status=live}} Unnamed sources reported that Chua said that female applicants should exude "model-like" femininity and "dress outgoing" in job interviews with Kavanaugh. Responding to the report, Chua denied that Kavanaugh's hiring decisions were affected by female applicants' attractiveness, saying, "Judge Kavanaugh's first and only litmus test in hiring has been excellence." Yale Law School Dean Heather Gerken announced an investigation of the matter,{{cite news |last1=Edelman |first1=Adam |last2=Hunt |first2=Kasie |title=Yale Law dean: Reports that professor groomed female clerks for Kavanaugh 'of enormous concern' |url=https://www.nbcnews.com/politics/supreme-court/yale-law-dean-reports-professor-groomed-female-clerks-kavanaugh-enormous-n911571 |work=NBC News |date=September 20, 2018 |access-date=September 22, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231359/https://www.nbcnews.com/politics/supreme-court/yale-law-dean-reports-professor-groomed-female-clerks-kavanaugh-enormous-n911571 |url-status=live }} but Yale did not find any cause for sanction. Chua returned to regular teaching in 2019.{{Cite web|url=https://courses.law.yale.edu/courses/term/22|title=Courses {{!}} Yale Law School Course Information and Selection Site|website=courses.law.yale.edu|access-date=December 30, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231354/https://courses.law.yale.edu/courses/term/22|url-status=live}}

{{main|Brett Kavanaugh Supreme Court nomination}}

File:The Kavanaugh family and Donald Trump.jpg on July 9, 2018]]

On July 2, 2018, Kavanaugh was one of four U.S. Court of Appeals judges to receive a personal 45-minute interview by President Donald Trump as a potential replacement for Justice Anthony Kennedy.{{cite news |last1=Landler |first1=Mark |author-link1=Mark Landler |last2=Haberman |first2=Maggie |author-link2=Maggie Haberman |title=Brett Kavanaugh Is Trump's Pick for Supreme Court |date=July 9, 2018 |newspaper=The New York Times |department=Politics |url=https://www.nytimes.com/2018/07/09/us/politics/brett-kavanaugh-supreme-court.html |access-date=July 9, 2018 |archive-url=https://archive.today/20180710011707/https://www.nytimes.com/2018/07/09/us/politics/brett-kavanaugh-supreme-court.html |archive-date=July 10, 2018 |url-status=live }} On July 9, Trump nominated Kavanaugh to the Supreme Court.{{cite news |title=Remarks by President Trump Announcing Judge Brett M. Kavanaugh as the Nominee for Associate Justice of the Supreme Court of the United States |url=https://trumpwhitehouse.archives.gov/briefings-statements/remarks-president-trump-announcing-judge-brett-m-kavanaugh-nominee-associate-justice-supreme-court-united-states |date=July 10, 2018 |access-date=July 10, 2018 |archive-date=January 20, 2021 |archive-url=https://web.archive.org/web/20210120202929/https://trumpwhitehouse.archives.gov/briefings-statements/remarks-president-trump-announcing-judge-brett-m-kavanaugh-nominee-associate-justice-supreme-court-united-states/ |via=National Archives |work=whitehouse.gov |url-status=live }}{{cite web |title=Pres. Nom. 2259 |url=https://www.congress.gov/nomination/115th-congress/2259 |publisher=115th Cong. (2018) |date= |access-date=August 22, 2018 |archive-url=https://web.archive.org/web/20180928235050/https://www.congress.gov/nomination/115th-congress/2259 |archive-date=September 28, 2018 |url-status=dead }} 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."{{Cite web|url=https://www.nbcnews.com/politics/supreme-court/trump-taps-federal-appeals-court-judge-brett-kavanaugh-supreme-court-n889921|title=Trump taps federal appeals court Judge Brett Kavanaugh for Supreme Court|website=NBC News|date=July 10, 2018 |access-date=May 18, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231401/https://www.nbcnews.com/politics/supreme-court/trump-taps-federal-appeals-court-judge-brett-kavanaugh-supreme-court-n889921|url-status=live}}

{{Conservatism US|jurists}}

A statistical analysis by The Washington Post estimated that Kavanaugh was more conservative than Neil Gorsuch and less conservative than Samuel Alito.{{cite news |last1=Cope |first1=Kevin |title=Exactly how conservative are the judges on Trump's shortlist for the Supreme Court? Take a look at this one chart. |url=https://www.washingtonpost.com/news/monkey-cage/wp/2018/07/07/exactly-how-conservative-are-the-judges-on-trumps-short-list-for-the-supreme-court-take-a-look-at-this-one-chart |newspaper=The Washington Post |date=July 7, 2018 |access-date=July 9, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231430/https://www.washingtonpost.com/news/monkey-cage/wp/2018/07/07/exactly-how-conservative-are-the-judges-on-trumps-short-list-for-the-supreme-court-take-a-look-at-this-one-chart/ |url-status=live }} 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. "Trump's Justice". Time magazine. July 23, 2018, p.24. Brian Bennett, writing for Time magazine, cited Kavanaugh's 2009 Minnesota Law Review article defending the president's immunity from prosecution while in office. In a 2017 speech at the American Enterprise Institute about former chief justice William Rehnquist, Kavanaugh praised Rehnquist's dissents in Roe v. Wade, which ruled abortion bans unconstitutional, and Furman v. Georgia, which ruled all existing death penalty statutes unconstitutional.[http://www.aei.org/wp-content/uploads/2017/12/From-the-Bench.pdf Brett Kavanaugh] {{Webarchive|url=https://web.archive.org/web/20210214231308/https://www.aei.org/wp-content/uploads/2017/12/From-the-Bench.pdf |date=February 14, 2021 }}, American Enterprise Institute, September 18, 2017. Retrieved August 24, 2018.[https://www.usatoday.com/story/news/politics/2018/08/19/abortion-crime-race-gays-areas-where-brett-kavanaugh-matters/1008303002 Abortion, race, gay rights, death penalty: Supreme Court nominee Brett Kavanaugh could make the difference] {{Webarchive|url=https://web.archive.org/web/20210214231358/https://www.usatoday.com/story/news/politics/2018/08/19/abortion-crime-race-gays-areas-where-brett-kavanaugh-matters/1008303002/ |date=February 14, 2021 }}, USA Today, Richard Wolf, August 19, 2018. Retrieved August 24, 2018. 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 D.C. Circuit in three of those policy areas, and the second-most in the fourth, between 2003 and 2018.{{Cite news|first1=Kevin|last1=Cope|first2=Joshua|last2=Fischman|url=https://www.washingtonpost.com/news/monkey-cage/wp/2018/09/05/its-hard-to-find-a-federal-judge-more-conservative-than-brett-kavanaugh|title=It's hard to find a federal judge more conservative than Brett Kavanaugh|newspaper=The Washington Post|date=September 5, 2018|access-date=September 5, 2018|archive-date=December 10, 2020|archive-url=https://web.archive.org/web/20201210212343/https://www.washingtonpost.com/news/monkey-cage/wp/2018/09/05/its-hard-to-find-a-federal-judge-more-conservative-than-brett-kavanaugh|url-status=live}}

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.{{Cite news|work=Fox 10 Phoenix|title=Brett Kavanaugh Senate Confirmation Hearing For Supreme Court Justice Day 2|date=September 5, 2018|url=https://www.youtube.com/watch?v=FfRflGeTggU&t=1h6m10s|access-date=September 6, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231514/https://www.youtube.com/watch?v=FfRflGeTggU&t=1h6m10s|url-status=live}}

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.{{cite news| last1 = Datar| first1 = Saurabh| title = How Judge Brett Kavanaugh's confirmation could affect Roe v. Wade| newspaper=The Boston Globe| url = https://www.bostonglobe.com/news/politics/2018/07/11/how-judge-brett-kavanaugh-confirmation-could-affect-roe-wade/s1ZbShSQk6rcFfjrV6x1mO/story.html| access-date = August 18, 2018| archive-date = February 14, 2021| archive-url = https://web.archive.org/web/20210214231415/https://www.bostonglobe.com/news/politics/2018/07/11/how-judge-brett-kavanaugh-confirmation-could-affect-roe-wade/s1ZbShSQk6rcFfjrV6x1mO/story.html| url-status = live}} Had Barack Obama's nominee Merrick Garland been confirmed in 2016, Stephen Breyer would have become the median swing vote when Kennedy retired. However, 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.{{cite web| last1 = Chang| first1 = Alvin| title = Brett Kavanaugh and the Supreme Court's drastic shift to the right, cartoonsplained| website=Vox| date = July 9, 2018| url = https://www.vox.com/policy-and-politics/2018/7/9/17537808/supreme-court-brett-kavanaugh-right-cartoon| access-date = August 18, 2018| archive-date = February 14, 2021| archive-url = https://web.archive.org/web/20210214231420/https://www.vox.com/policy-and-politics/2018/7/9/17537808/supreme-court-brett-kavanaugh-right-cartoon| url-status = live}}

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.{{cite news|url=https://chicago.cbslocal.com/2018/09/04/brett-kavanaugh-confirmation-hearings-democrats-protest-withheld-documents/|title=Democrats Disrupt Start Of Kavanaugh Hearing With Protest Over Withheld Documents|date=September 4, 2018|publisher=CBS-2 Chicago|access-date=September 14, 2018|archive-date=September 13, 2018|archive-url=https://web.archive.org/web/20180913223607/https://chicago.cbslocal.com/2018/09/04/brett-kavanaugh-confirmation-hearings-democrats-protest-withheld-documents/|url-status=live}} 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.{{cite news|title=Democrats' Surprise, Coordinated Attack|url=https://www.washingtonpost.com/politics/2018/09/04/democrats-surprise-coordinated-attack-tank-brett-kavanaughs-nomination/|date=September 4, 2018|access-date=September 4, 2018|newspaper=The Washington Post|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231424/https://www.washingtonpost.com/politics/2018/09/04/democrats-surprise-coordinated-attack-tank-brett-kavanaughs-nomination/|url-status=live}}

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.{{cite news|url=https://www.washingtonpost.com/politics/courts_law/kavanaugh-debates-and-dodges-on-day-2-of-his-supreme-court-confirmation-hearing/2018/09/05/04adcdf2-b147-11e8-a20b-5f4f84429666_story.html|title=Kavanaugh Hearing Day 2|newspaper=The Washington Post|date=September 5, 2018|access-date=September 6, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231414/https://www.washingtonpost.com/politics/courts_law/kavanaugh-debates-and-dodges-on-day-2-of-his-supreme-court-confirmation-hearing/2018/09/05/04adcdf2-b147-11e8-a20b-5f4f84429666_story.html|url-status=live}}

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.{{cite news|title=Sen. Booker Releases Emails|url=https://abcnews.go.com/Politics/democrats-threaten-release-confidential-kavanaugh-documents/story?id=57643589|work=ABC News|date=September 6, 2018|access-date=September 6, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231422/https://abcnews.go.com/Politics/democrats-threaten-release-confidential-kavanaugh-documents/story?id=57643589|url-status=live}} 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".{{cite news |last1=Lacy |first1=Akela |last2=Grim |first2=Ryan |title=How one senator cornered Brett Kavanaugh about his mentor's sexually explicit emails |url=https://theintercept.com/2018/09/25/brett-kavanaugh-alex-kozinski-chris-coons/ |access-date=September 18, 2019 |work=The Intercept |date=September 25, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231425/https://theintercept.com/2018/09/25/brett-kavanaugh-alex-kozinski-chris-coons/ |url-status=live }} 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.{{cite news |last1=Kirchgaessner |first1=Stephanie |title=Kavanaugh clerk hire casts light on link to judge forced to quit in #MeToo era |url=https://www.theguardian.com/us-news/2018/oct/01/kavanaugh-clerk-hire-casts-light-on-link-to-judge-forced-to-resign-in-metoo-era |website=The Guardian |access-date=September 18, 2019 |date=October 1, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231413/https://www.theguardian.com/us-news/2018/oct/01/kavanaugh-clerk-hire-casts-light-on-link-to-judge-forced-to-resign-in-metoo-era |url-status=live }}

{{Anchor|Email leak}}

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."{{Cite news|url=https://int.nyt.com/data/documenthelper/269-kavanaugh-email-re-whether-roe/e6dbbda94dd204fe02af/optimized/full.pdf#page=1|title=Leaked Kavanaugh Documents Discuss Abortion and Affirmative Action|work=The New York Times|access-date=September 7, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231310/https://int.nyt.com/data/documenthelper/269-kavanaugh-email-re-whether-roe/e6dbbda94dd204fe02af/optimized/full.pdf#page=1|url-status=live}} 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.{{cite news |title=Kavanaugh Questioned on Roe v. Wade|newspaper=Richmond Times Dispatch|date=September 7, 2018}} Senator Susan Collins indicated that Kavanaugh's statement did not contradict his personal assurance to her that Roe is settled law.{{cite news|title=Kavanaugh's vote|url=https://www.theguardian.com/law/2018/sep/09/abortion-rights-coat-hangers-collins-kavanaugh-supreme-court-roe-wade|newspaper=The Guardian|date=September 9, 2018|access-date=September 9, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231414/https://www.theguardian.com/law/2018/sep/09/abortion-rights-coat-hangers-collins-kavanaugh-supreme-court-roe-wade|url-status=live}} 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.{{Cite news| issn = 0362-4331| last1 = Liptak| first1 = Adam| title = The Threat to Roe v. Wade in the Case of the Missing Precedent| work=The New York Times| access-date = September 29, 2018| date = September 20, 2018| url = https://www.nytimes.com/2018/09/17/us/politics/kavanaugh-abortion-precedent.html| archive-date = February 14, 2021| archive-url = https://web.archive.org/web/20210214231405/https://www.nytimes.com/2018/09/17/us/politics/kavanaugh-abortion-precedent.html| url-status = live}}

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.{{cite news|url=https://www.nbcnews.com/politics/congress/what-know-about-brett-kavanaugh-christine-blasey-ford-senate-hearing-n913376|title=What to know about the Brett Kavanaugh-Christine Blasey Ford Senate hearing|last1=Shabad|first1=Rebecca|date=September 27, 2018|work=NBC News|access-date=September 27, 2018|archive-date=September 28, 2018|archive-url=https://web.archive.org/web/20180928030438/https://www.nbcnews.com/politics/congress/what-know-about-brett-kavanaugh-christine-blasey-ford-senate-hearing-n913376|url-status=live}} 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.{{cite news |url=https://www.cbsnews.com/live-news/brett-kavanaugh-hearing-live-testimony-today-after-dr-ford-sexual-assault-allegations-2018-09-27/ |title=Brett Kavanaugh confirmation: Kavanaugh testifies following Ford's questioning on sex assault allegations |publisher=CBS News |access-date=September 27, 2018 |archive-date=September 27, 2018 |archive-url=https://web.archive.org/web/20180927215520/https://www.cbsnews.com/live-news/brett-kavanaugh-hearing-live-testimony-today-after-dr-ford-sexual-assault-allegations-2018-09-27/ |url-status=live }} Grassley cut her questioning short, after which the Republican members of the committee questioned him themselves.{{cite web|last1=Foran|first1=Clare|url=https://edition.cnn.com/2018/09/27/politics/rachel-mitchell-prosecutor-kavanaugh-hearing/index.html|title=GOP senators abandon female outside counsel at Kavanaugh hearing|website=CNN|date=September 28, 2018|access-date=September 30, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231402/https://edition.cnn.com/2018/09/27/politics/rachel-mitchell-prosecutor-kavanaugh-hearing/index.html|url-status=live}}{{cite web|last1=Sherman|first1=Mark|url=https://www.washingtonpost.com/national/kavanaugh-facing-prosecutor-said-to-be-unbound-by-politics/2018/09/26/3d468476-c1f3-11e8-9451-e878f96be19b_story.html|title=Republicans sideline veteran prosecutor who questioned Ford|newspaper=The Washington Post|date=September 27, 2018|access-date=September 30, 2018|archive-date=September 30, 2018|archive-url=https://web.archive.org/web/20180930231851/https://www.washingtonpost.com/national/kavanaugh-facing-prosecutor-said-to-be-unbound-by-politics/2018/09/26/3d468476-c1f3-11e8-9451-e878f96be19b_story.html|url-status=dead}} Alternating with their questions, Democratic members of the committee questioned Ford and Kavanaugh.{{cite magazine|url=https://www.newyorker.com/news/current/the-formal-ping-pong-of-the-questioning-in-the-kavanaugh-ford-hearing|title=The Formal Ping-Pong of the Questioning in the Kavanaugh–Ford Hearing|last1=Wallace-Wells|first1=Benjamin|date=September 27, 2018|magazine=The New Yorker|access-date=September 27, 2018|archive-date=September 27, 2018|archive-url=https://web.archive.org/web/20180927165748/https://www.newyorker.com/news/current/the-formal-ping-pong-of-the-questioning-in-the-kavanaugh-ford-hearing|url-status=live}} 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.{{cite news|url=https://www.washingtonpost.com/politics/2018/09/27/brett-kavanaugh-just-got-remarkably-angry-political-supreme-court-nominee/|title=Brett Kavanaugh just got remarkably angry—and political—for a Supreme Court nominee|last1=Blake|first1=Aaron|date=September 27, 2018|newspaper=The Washington Post|access-date=September 27, 2018|archive-date=September 27, 2018|archive-url=https://web.archive.org/web/20180927234038/https://www.washingtonpost.com/politics/2018/09/27/brett-kavanaugh-just-got-remarkably-angry-political-supreme-court-nominee/|url-status=live}}{{cite news|url=https://thehill.com/homenews/senate/408821-kavanaugh-says-hes-victim-of-revenge-on-behalf-of-the-clintons|title=Kavanaugh says he's victim of 'revenge on behalf of the Clintons'|last1=Birnbaum|first1=Emily|date=September 27, 2018|newspaper=The Hill|access-date=September 27, 2018|archive-date=September 27, 2018|archive-url=https://web.archive.org/web/20180927220049/https://thehill.com/homenews/senate/408821-kavanaugh-says-hes-victim-of-revenge-on-behalf-of-the-clintons|url-status=live}}{{cite web|url=https://news.vice.com/amp/en_us/article/7xj44e/kavanaugh-turns-rage-on-left-wing-conspiracy-that-destroyed-my-family-and-my-name|title=Kavanaugh turns rage on left-wing conspiracy that destroyed "my family and my name"|last1=Sherman|first1=Carter|date=September 27, 2018|publisher=Vice News|access-date=September 27, 2018|archive-date=September 28, 2018|archive-url=https://web.archive.org/web/20180928003345/https://news.vice.com/amp/en_us/article/7xj44e/kavanaugh-turns-rage-on-left-wing-conspiracy-that-destroyed-my-family-and-my-name|url-status=live}} 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.{{cite news |last1=Blake |first1=Aaron |title=A key witness in the Brett Kavanaugh saga comes down on his side |url=https://www.washingtonpost.com/politics/2019/09/17/key-witness-brett-kavanaugh-saga-comes-down-his-side/ |newspaper=The Washington Post |access-date=September 19, 2019 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231455/https://www.washingtonpost.com/politics/2019/09/17/key-witness-brett-kavanaugh-saga-comes-down-his-side/ |url-status=live }} 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."{{cite news |title=The Senate Should Not Confirm Kavanaugh. Signed, 2,400+ Law Professors. |url=https://www.nytimes.com/interactive/2018/10/03/opinion/kavanaugh-law-professors-letter.html |access-date=October 5, 2018 |work=The New York Times |date=October 3, 2018 |archive-date=October 4, 2018 |archive-url=https://web.archive.org/web/20181004095744/https://www.nytimes.com/interactive/2018/10/03/opinion/kavanaugh-law-professors-letter.html |url-status=live }}

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 U.S. Representative, Anna Eshoo, with accusations that Kavanaugh had sexually assaulted her when they were in high school.{{Cite news|url=https://www.theatlantic.com/politics/archive/2018/10/democrats-faulted-for-politicizing-trumps-kavanaugh-nomination/572092/|title=Did the Democrats Mishandle the Allegations Against Brett Kavanaugh?|last1=Graham|first1=David A.|date=October 3, 2018|work=The Atlantic|location=Boston, Massachusetts|access-date=October 5, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231435/https://www.theatlantic.com/politics/archive/2018/10/democrats-faulted-for-politicizing-trumps-kavanaugh-nomination/572092/|url-status=live}} On July 30, 2018, Ford wrote to Senator Dianne Feinstein to inform her of her accusation against Kavanaugh,{{cite news|url=https://www.usatoday.com/story/news/politics/onpolitics/2018/09/24/brett-kavanaugh-allegations-timeline-supreme-court/1408073002/|title=Brett Kavanaugh: A timeline of allegations against the Supreme Court nominee|work=USA Today|date=September 24, 2018|access-date=November 5, 2018|archive-date=October 2, 2018|archive-url=https://web.archive.org/web/20181002055609/https://www.usatoday.com/story/news/politics/onpolitics/2018/09/24/brett-kavanaugh-allegations-timeline-supreme-court/1408073002/|url-status=live}} requesting that it be kept confidential.{{cite news|url=https://www.latimes.com/politics/la-na-pol-congress-kavanaugh-feinstein-20180919-story.html|title=The GOP wants to know why Feinstein didn't come forward sooner with Kavanaugh allegation|work=Los Angeles Times|last1=Haberkorn|first1=Jennifer|date=September 19, 2018|access-date=November 5, 2018|archive-date=November 28, 2018|archive-url=https://web.archive.org/web/20181128102406/https://www.latimes.com/politics/la-na-pol-congress-kavanaugh-feinstein-20180919-story.html|url-status=live}} After a September 12 report in The Intercept,{{cite web|url=https://theintercept.com/2018/09/12/brett-kavanaugh-confirmation-dianne-feinstein/|title=Dianne Feinstein Withholding Brett Kavanaugh Document From Fellow Judiciary Committee Democrats|last1=Grim|first1=Ryan|date=September 12, 2018|website=The Intercept|access-date=October 5, 2018|archive-date=September 19, 2018|archive-url=https://web.archive.org/web/20180919235823/https://theintercept.com/2018/09/12/brett-kavanaugh-confirmation-dianne-feinstein/|url-status=live}} 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.{{cite magazine |url=https://www.newyorker.com/news/news-desk/a-sexual-misconduct-allegation-against-the-supreme-court-nominee-brett-kavanaugh-stirs-tension-among-democrats-in-congress |first1=Ronan |last1=Farrow |first2=Jane |last2=Mayer |date=September 14, 2018 |access-date=October 12, 2020 |title=A Sexual-Misconduct Allegation Against the Supreme Court Nominee Brett Kavanaugh Stirs Tension Among Democrats in Congress |magazine=The New Yorker |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231422/https://www.newyorker.com/news/news-desk/a-sexual-misconduct-allegation-against-the-supreme-court-nominee-brett-kavanaugh-stirs-tension-among-democrats-in-congress |url-status=live }}{{Cite news|url=https://www.politico.com/story/2018/09/14/gop-kavanaugh-sexual-assault-allegation-824699|title=Sexual assault claim leaves Kavanaugh nomination in limbo|work=Politico|access-date=September 16, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231454/https://www.politico.com/story/2018/09/14/gop-kavanaugh-sexual-assault-allegation-824699|url-status=live}} The same day, Feinstein said she had forwarded the woman's accusation to federal authorities.

On September 16, Ford publicized her allegations and claimed Kavanaugh had sexually assaulted her when she was 15 and he was 17.{{cite news|url=https://www.washingtonpost.com/investigations/california-professor-writer-of-confidential-brett-kavanaugh-letter-speaks-out-about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html|title=California professor, writer of confidential Brett Kavanaugh letter, speaks out about her allegation of sexual assault|newspaper=The Washington Post|access-date=September 16, 2018|archive-date=September 16, 2018|archive-url=https://web.archive.org/web/20180916235524/https://www.washingtonpost.com/investigations/california-professor-writer-of-confidential-brett-kavanaugh-letter-speaks-out-about-her-allegation-of-sexual-assault/2018/09/16/46982194-b846-11e8-94eb-3bd52dfe917b_story.html|url-status=live}}{{cite news|url=https://apnews.com/0cd952aedc474df893d50cb9bc9fb4e1|date=September 16, 2018|title=The Latest: Senator backs Kavanaugh accuser coming forward|work=Associated Press|access-date=September 16, 2018|archive-date=September 16, 2018|archive-url=https://web.archive.org/web/20180916194750/https://apnews.com/0cd952aedc474df893d50cb9bc9fb4e1|url-status=live}} 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.{{cite news |url=https://www.npr.org/2018/09/16/648535858/democrats-calls-to-delay-kavanaugh-vote-after-his-accuser-goes-public |first1=Jason |last1=Breslow |first2=Sasha |last2=Ingber |website=NPR |date=September 16, 2018 |title=Democrats Call To Delay Kavanaugh Vote After His Accuser Goes Public |access-date=September 16, 2018 |archive-date=September 16, 2018 |archive-url=https://web.archive.org/web/20180916221042/https://www.npr.org/2018/09/16/648535858/democrats-calls-to-delay-kavanaugh-vote-after-his-accuser-goes-public |url-status=live }} Ford said she was afraid that Kavanaugh might inadvertently kill her during the attack,{{Cite news|url=https://www.huffingtonpost.ca/entry/brett-kavanaugh-sexual-assault-letter-author_us_5b9e93d9e4b04d32ebf979c3|title=Author Of Brett Kavanaugh Letter Speaks Out: 'I Thought He Might Inadvertently Kill Me'|date=September 16, 2018|website=HuffPost Canada|access-date=September 16, 2018|archive-date=September 16, 2018|archive-url=https://web.archive.org/web/20180916235235/https://www.huffingtonpost.ca/entry/brett-kavanaugh-sexual-assault-letter-author_us_5b9e93d9e4b04d32ebf979c3|url-status=live}} and believed he was going to rape her.{{Cite news |url=https://www.cnbc.com/2018/09/27/kavanaugh-accuser-ford-gives-gripping-emotional-opening-statement.html |title=Kavanaugh accuser Ford describes her alleged attackers' 'laughter' in gripping testimony |date=September 27, 2018 |work=CNBC |access-date=September 29, 2018 |archive-date=September 28, 2018 |archive-url=https://web.archive.org/web/20180928003319/https://www.cnbc.com/2018/09/27/kavanaugh-accuser-ford-gives-gripping-emotional-opening-statement.html |url-status=live }} Ford stated that she escaped when Judge jumped on the bed, knocking them all to the floor.{{cite magazine|url=https://slate.com/news-and-politics/2018/09/christine-blasey-ford-woman-who-accused-kavanaugh-of-sexual-assault-comes-forward-to-tell-her-story.html|title=Woman Who Accused Kavanaugh of Sexual Assault Comes Forward to Tell Her Story|last1=Politi|first1=Daniel|magazine=Slate|access-date=September 16, 2018|archive-date=September 16, 2018|archive-url=https://web.archive.org/web/20180916222859/https://slate.com/news-and-politics/2018/09/christine-blasey-ford-woman-who-accused-kavanaugh-of-sexual-assault-comes-forward-to-tell-her-story.html|url-status=live}}

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."{{Cite news |url=https://www.cnbc.com/amp/2018/09/14/letter-details-sexual-misconduct-allegation-against-brett-kavanaugh.html |title=Trump Supreme Court nominee Brett Kavanaugh 'categorically' denies sexual misconduct accusation detailed in New Yorker report |last1=Pramuk |first1=Jacob |date=September 14, 2018 |access-date=September 14, 2018 |website=CNBC |archive-date=September 14, 2018 |archive-url=https://web.archive.org/web/20180914214921/https://www.cnbc.com/amp/2018/09/14/letter-details-sexual-misconduct-allegation-against-brett-kavanaugh.html |url-status=live }}{{cite news |url=https://www.nytimes.com/2018/09/13/us/politics/brett-kavanaugh-dianne-feinstein.html |title=Dianne Feinstein Refers a Kavanaugh Matter to Federal Investigators |date=September 13, 2018 |newspaper=The New York Times |access-date=September 15, 2018 |archive-date=September 15, 2018 |archive-url=https://web.archive.org/web/20180915001235/https://www.nytimes.com/2018/09/13/us/politics/brett-kavanaugh-dianne-feinstein.html |url-status=live }} 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.{{cite news|url=https://www.foxnews.com/politics/65-women-defend-kavanaugh-as-a-good-person-amid-allegations/|title=65 women defend Kavanaugh as 'a good person' amid allegations|last1=Singman|first1=Brooke|date=September 15, 2018|website=Fox News|access-date=September 15, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231457/https://www.foxnews.com/politics/65-women-defend-kavanaugh-as-a-good-person-amid-allegations|url-status=live}}{{cite magazine |last1=French |first1=David |title=Now Even Evidence of Brett Kavanaugh's Good Character Is Used Against Him |url=https://www.nationalreview.com/corner/brett-kavanaugh-good-character-is-used-against-him/ |magazine=National Review |date=September 14, 2018 |access-date=September 15, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231423/https://www.nationalreview.com/corner/brett-kavanaugh-good-character-is-used-against-him/ |url-status=live }} 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."{{cite magazine|first1=Madeline|last1=Carlysle|first2=Olivia|last2=Paschal|url=https://www.theatlantic.com/politics/archive/2018/09/read-brett-kavanaughs-opening-statement-christine-blasey-ford/571372/|title=Kavanaugh's Remarks on Ford ...|magazine=The Atlantic|location=Boston, Massachusetts|date=September 26, 2018|access-date=September 26, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231437/https://www.theatlantic.com/politics/archive/2018/09/read-brett-kavanaughs-opening-statement-christine-blasey-ford/571372/|url-status=live}}

On September 19, the Senate Judiciary Committee invited Kavanaugh and Ford to testify about the allegation. Kavanaugh agreed to testify on September 19.{{cite news|url=https://www.cbsnews.com/news/the-latest-on-brett-kavanaugh-nominee-denies-accuser-allegation-live-updates/|title=Kavanaugh accuser calls for FBI investigation before she testifies|work=CBS News|date=September 18, 2018|access-date=September 20, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231449/https://www.cbsnews.com/news/the-latest-on-brett-kavanaugh-nominee-denies-accuser-allegation-live-updates/|url-status=live}} 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.{{cite news|url=https://www.usatoday.com/story/news/politics/2018/09/20/brett-kavanaugh-christine-blasey-ford-testimony-friday-deadline/1366515002/|title=Chuck Grassley gives Christine Blasey Ford Friday deadline to RSVP for hearing on Kavanaugh allegation|work=USA Today|last1=Cummings|first1=William|date=September 20, 2018|access-date=September 20, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231454/https://www.usatoday.com/story/news/politics/2018/09/20/brett-kavanaugh-christine-blasey-ford-testimony-friday-deadline/1366515002/|url-status=live}} 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".{{cite news|url=https://www.cnn.com/2018/09/20/politics/christine-blasey-ford-brett-kavanaugh-testimony/index.html|title=Ford lawyers say she is open to testifying, but not Monday|work=CNN|date=September 20, 2018|access-date=September 20, 2018|archive-date=September 21, 2018|archive-url=https://web.archive.org/web/20180921002806/https://www.cnn.com/2018/09/20/politics/christine-blasey-ford-brett-kavanaugh-testimony/index.html|url-status=live}} A bipartisan Judiciary Committee panel and Ford's representatives agreed to a hearing after September 24.{{cite web|first1=Ariane|last1=de Vogue|first2=Clare|last2=Foran|first3=Sarah|last3=Westwood|first4=Laura|last4=Jarrett|first5=Manu|last5=Raju|date=September 22, 2018|url=https://www.cnn.com/2018/09/21/politics/kavanaugh-ford-senate-judiciary-hearing/index.html|title=Kavanaugh's accuser accepts request to speak to Judiciary Committee next week, lawyers say|website=CNN|access-date=September 23, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231421/https://www.cnn.com/2018/09/21/politics/kavanaugh-ford-senate-judiciary-hearing/index.html|url-status=live}}

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,{{cite news|first1=Ariane|last1=de Vogue|url=https://www.cnn.com/2018/09/22/politics/kavanaugh-ford-accuser-nomination/index.html|title=Senate Judiciary Committee contacts Ford's friend about party|website=CNN|date=September 22, 2018|access-date=September 23, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231439/https://www.cnn.com/2018/09/22/politics/kavanaugh-ford-accuser-nomination/index.html|url-status=live}} and Keyser told The Washington Post that she believed Ford's allegation.{{cite news|url=https://www.washingtonpost.com/politics/lawyers-for-christine-blasey-ford-say-she-has-accepted-senate-judiciary-committees-request-to-testify-against-kavanaugh/2018/09/22/e8199c6a-be8f-11e8-8792-78719177250f_story.html|title=Christine Blasey Ford moves closer to deal with Senate Republicans to testify against Kavanaugh|newspaper=The Washington Post|first1=Seung Min|last1=Kim|first2=Sean|last2=Sullivan|first3=Emma|last3=Brown|date=September 23, 2018|access-date=September 27, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231443/https://www.washingtonpost.com/politics/lawyers-for-christine-blasey-ford-say-she-has-accepted-senate-judiciary-committees-request-to-testify-against-kavanaugh/2018/09/22/e8199c6a-be8f-11e8-8792-78719177250f_story.html|url-status=live}}{{cite news|first1=John|last1=Dickerson|author-link=John Dickerson (journalist)|work=Face the Nation|type=video|publisher=CBS|date=September 23, 2018|access-date=September 23, 2018|title=What are the repercussions of a potential Kavanaugh, Ford open hearing?|url=https://www.youtube.com/watch?v=h7I4P1W9HTo&t=06m03s|time=6:03|archive-date=November 12, 2018|archive-url=https://web.archive.org/web/20181112054040/https://www.youtube.com/watch?v=h7I4P1W9HTo&t=06m03s|url-status=live}}

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.{{Cite news|url=https://www.wsj.com/articles/white-house-finds-no-corroboration-of-sexual-misconduct-allegations-against-kavanaugh-in-fbi-report-1538625927|title=White House Finds No Support in FBI Report for Claims Against Kavanaugh|last1=Ballhaus|first1=Rebecca|date=October 4, 2018|work=The Wall Street Journal|access-date=October 4, 2018|last2=Bender|first2=Michael C.-US|issn=0099-9660|last3=Peterson|first3=Kristina|last4=Andrews|first4=Natalie|archive-date=October 4, 2018|archive-url=https://web.archive.org/web/20181004041531/https://www.wsj.com/articles/white-house-finds-no-corroboration-of-sexual-misconduct-allegations-against-kavanaugh-in-fbi-report-1538625927|url-status=live}} Her attorneys tweeted, "Those directing the FBI investigation were not interested in seeking the truth."

In September 2019, New York Times reporters Kate Kelly and Robin Pogrebin published The Education of Brett Kavanaugh: An Investigation. They reported that Keyser "thought the whole setup Ford described ... sounded wrong", and that she "challenged Ford's accuracy", quoting Keyser as saying, "I don't have any confidence in the story".{{cite web |last1=Pogrebin |first1=Robin |title=We Spent 10 Months Investigating Kavanaugh. Here's What We Found. |url=https://www.theatlantic.com/ideas/archive/2019/09/pogrebin-kelly-kavanaugh/598159/ |website=The Atlantic |date=September 17, 2019 |access-date=July 7, 2020 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231425/https://www.theatlantic.com/ideas/archive/2019/09/pogrebin-kelly-kavanaugh/598159/ |url-status=live }} 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]".{{cite news |last1=Blake |first1=Aaron |title=Analysis {{!}} A key witness in the Brett Kavanaugh saga comes down on his side |url=https://www.washingtonpost.com/politics/2019/09/17/key-witness-brett-kavanaugh-saga-comes-down-his-side/ |newspaper=The Washington Post |access-date=July 7, 2020 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231455/https://www.washingtonpost.com/politics/2019/09/17/key-witness-brett-kavanaugh-saga-comes-down-his-side/ |url-status=live }} Keyser felt she was being pressured to alter her story via veiled threats of exposing her "addictive tendencies".{{Cite book |last=Pogrebin |first=Robin |title=The education of Brett Kavanaugh: an investigation |last2=Kelly |first2=Kate |date=2019 |publisher=Portfolio/Penguin |isbn=978-0-593-08439-7 |location=New York}}{{Page number needed|date=August 2024}}

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."{{cite news |first1=Ronan |last1=Farrow |author-link=Ronan Farrow |first2=Jane |last2=Mayer |title=Senate Democrats Investigate a New Allegation of Sexual Misconduct, from Brett Kavanaugh's College Years |url=https://www.newyorker.com/news/news-desk/senate-democrats-investigate-a-new-allegation-of-sexual-misconduct-from-the-supreme-court-nominee-brett-kavanaughs-college-years-deborah-ramirez |newspaper=The New Yorker |date=September 23, 2018 |quote=In a statement, two of those male classmates who Ramirez alleged were involved in the incident, the wife of a third male student she said was involved, and one other classmate, Dan Murphy, disputed Ramirez's account of events "We were the people closest to Brett Kavanaugh during his first year at Yale... In addition, some of us knew Debbie long after Yale, and she never described this incident until Brett's Supreme Court nomination was pending. Editors from The New Yorker contacted some of us because we are the people who would know the truth, and we told them that we never saw or heard about this. |access-date=February 10, 2021 |archive-date=September 24, 2018 |archive-url=https://web.archive.org/web/20180924000017/https://www.newyorker.com/news/news-desk/senate-democrats-investigate-a-new-allegation-of-sexual-misconduct-from-the-supreme-court-nominee-brett-kavanaughs-college-years-deborah-ramirez |url-status=live }} The New Yorker spoke to four classmates, three identified as eyewitnesses but all denied witnessing the event. The New York Times interviewed several dozen of Ramirez's classmates in an attempt to corroborate her story, and could find no firsthand witnesses to the alleged assault, but several classmates recalled that they had heard about it in the subsequent days and believed Ramirez.{{Cite news|url=https://www.nytimes.com/2018/09/23/us/politics/brett-kavanaugh-christine-blasey-ford-testify.html|first1=Sheryl|last1=Stolberg|first2=Nicholas|last2=Fandos|title=Christine Blasey Ford Reaches Deal to Testify at Kavanaugh Hearing|newspaper=The New York Times |date=September 23, 2018|quote=The Times had interviewed several dozen people over the past week in an attempt to corroborate her story, and could find no one with firsthand knowledge.|access-date=September 29, 2018|archive-date=September 28, 2018|archive-url=https://web.archive.org/web/20180928164114/https://www.nytimes.com/2018/09/23/us/politics/brett-kavanaugh-christine-blasey-ford-testify.html|url-status=live}} 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."{{Cite news|url=https://www.nytimes.com/2018/09/23/us/politics/brett-kavanaugh-christine-blasey-ford-testify.html|first1=Sheryl|last1=Stolberg|first2=Nicholas|last2=Fandos|title=Christine Blasey Ford Reaches Deal to Testify at Kavanaugh Hearing|newspaper=The New York Times |date=September 23, 2018|quote=Ms. 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.|access-date=September 29, 2018|archive-date=September 28, 2018|archive-url=https://web.archive.org/web/20180928164114/https://www.nytimes.com/2018/09/23/us/politics/brett-kavanaugh-christine-blasey-ford-testify.html|url-status=live}} 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".{{cite news |last1=Blake |first1=Aaron |title=Analysis {{!}} Breaking down the new Brett Kavanaugh sexual misconduct allegation |url=https://www.washingtonpost.com/politics/2018/09/24/breaking-down-new-brett-kavanaugh-sexual-misconduct-allegation/ |newspaper=The Washington Post|access-date=July 10, 2020 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231453/https://www.washingtonpost.com/politics/2018/09/24/breaking-down-new-brett-kavanaugh-sexual-misconduct-allegation/ |url-status=live }}

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.{{cite magazine|title=Michael Avenatti Is Representing A Woman With "Credible Information" On Kavanaugh|url=https://www.bustle.com/p/michael-avenatti-is-representing-a-woman-with-credible-information-on-kavanaugh-report-12014629|magazine=Bustle|date=September 23, 2018|access-date=September 24, 2018|archive-date=September 24, 2018|archive-url=https://web.archive.org/web/20180924112606/https://www.bustle.com/p/michael-avenatti-is-representing-a-woman-with-credible-information-on-kavanaugh-report-12014629|url-status=live}}{{cite web|title=Michael Avenatti says he represents woman with information on Kavanaugh|url=https://www.axios.com/michael-avenatti-tweets-kavanaugh-woman-credible-dc3e1cd0-c03e-410b-b6ec-6a54c53e8873.html|publisher=Axios|date=September 23, 2018|access-date=September 24, 2018|archive-date=September 24, 2018|archive-url=https://web.archive.org/web/20180924000149/https://www.axios.com/michael-avenatti-tweets-kavanaugh-woman-credible-dc3e1cd0-c03e-410b-b6ec-6a54c53e8873.html|url-status=live}}{{cite news|title=Michael Avenatti claims to represent a woman with credible information about Brett Kavanaugh|url=https://www.salon.com/2018/09/23/michael-avenatti-claims-to-represent-a-women-with-credible-information-about-brett-kavanaugh/|work=Salon|date=September 23, 2018|access-date=September 24, 2018|archive-date=September 24, 2018|archive-url=https://web.archive.org/web/20180924012338/https://www.salon.com/2018/09/23/michael-avenatti-claims-to-represent-a-women-with-credible-information-about-brett-kavanaugh/|url-status=live}} 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". The Wall Street Journal reported that it had contacted "dozens" of her former classmates and colleagues but failed to reach anyone with knowledge of her allegations and that none of her friends had come forward publicly to support her claims.{{cite news|url=https://www.wsj.com/articles/white-house-directs-fbi-to-interview-first-two-kavanaugh-accusers-but-not-the-third-1538256505|title=White House Directs FBI to Interview First Two Kavanaugh Accusers, But Not the Third|first1=Dustin|last1=Volz|first2=Peter|last2=Nicholas|newspaper=The Wall Street Journal |date=September 29, 2018|access-date=October 1, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231449/https://www.wsj.com/articles/white-house-directs-fbi-to-interview-first-two-kavanaugh-accusers-but-not-the-third-1538256505|url-status=live}} 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.{{cite web|url=https://www.cnbc.com/2018/10/01/kavanaugh-accuser-julie-swetnicks-account-raises-new-questions.html|title=Kavanaugh accuser Julie Swetnick alleges he was 'very aggressive,' but her latest interview raises new questions|first1=Kevin|last1=Breuninger|website=CNBC|date=October 2, 2018|access-date=April 30, 2020|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231451/https://www.cnbc.com/2018/10/01/kavanaugh-accuser-julie-swetnicks-account-raises-new-questions.html|url-status=live}}{{cite news |last1=Snow |first1=Kate |last2=Schecter |first2=Anna |title=New questions raised about Avenatti claims regarding Kavanaugh |url=https://www.nbcnews.com/politics/justice-department/new-questions-raised-about-avenatti-claims-regarding-kavanaugh-n924596 |access-date=October 27, 2018 |publisher=National Broadcasting Company |date=October 25, 2018 |archive-url=https://web.archive.org/web/20181027004101/https://www.nbcnews.com/politics/justice-department/new-questions-raised-about-avenatti-claims-regarding-kavanaugh-n924596 |archive-date=October 27, 2018 |url-status=live }} 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".{{cite web|url=https://www.cnbc.com/2018/10/25/chuck-grassley-refers-michael-avenatti-and-julie-swetnick-for-investigation.html|title=Senate panel refers Avenatti, Kavanaugh accuser Swetnick for criminal investigation|last1=Mangan|first1=Dan|last2=Pramuk|first2=Jacob|publisher=CNBC|date=October 25, 2018|access-date=December 28, 2018|archive-date=November 8, 2018|archive-url=https://web.archive.org/web/20181108065537/https://www.cnbc.com/2018/10/25/chuck-grassley-refers-michael-avenatti-and-julie-swetnick-for-investigation.html|url-status=live}}

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".{{cite news |url=https://eu.usatoday.com/story/news/politics/2018/11/02/brett-kavanaugh-accuser-referred-fbi-doj-investigation/1863210002/ |title='I was angry and I sent it': Another Kavanaugh accuser referred to FBI after recanting |newspaper=USA Today |first=Christal |last=Hayes |date=November 3, 2018 |access-date=November 5, 2018 |archive-url=https://web.archive.org/web/20181106015239/https://eu.usatoday.com/story/news/politics/2018/11/02/brett-kavanaugh-accuser-referred-fbi-doj-investigation/1863210002/ |archive-date=November 6, 2018 |url-status=live }} 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".{{cite web |url=https://www.snopes.com/news/2018/11/03/woman-denies-sent-graphic-jane-doe-letter-claiming-sexual-assault-kavanaugh/ |title=Woman Denies Having Sent Graphic 'Jane Doe' Letter Claiming Sexual Assault by Kavanaugh |work=Snopes |first=David |last=Mikkelson |date=November 3, 2018 |access-date=November 5, 2018}} On November 2, Grassley announced Munro-Leighton's identity, and described her accusations as fabricated. She was referred to the Department of Justice and FBI for making false accusations and obstructing justice.

At the conclusion of the hearing, the Republican leadership of the committee indicated that they planned to hold a committee vote on the nomination the next day, September 28, with a procedural vote on the Senate floor on September 29.{{cite news|url=https://www.huffingtonpost.com/entry/american-bar-association-brett-kavanaugh_us_5bada932e4b09d41eba011c7|title=American Bar Association: Delay Kavanaugh Confirmation Vote Until FBI Investigates|last1=Visser|first1=Nick|date=September 28, 2018|work=HuffPost|access-date=September 28, 2018|archive-date=September 28, 2018|archive-url=https://web.archive.org/web/20180928044450/https://www.huffingtonpost.com/entry/american-bar-association-brett-kavanaugh_us_5bada932e4b09d41eba011c7|url-status=live}} 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.{{cite news|url=https://www.cnn.com/2018/09/28/politics/kavanaugh-senate-judiciary-vote/index.html|title=Flake, Manchin, Murkowski call for FBI probe into Kavanaugh, Senate vote delay|date=September 28, 2018|work=CNN|access-date=September 28, 2018|archive-date=September 28, 2018|archive-url=https://web.archive.org/web/20180928105514/https://www.cnn.com/2018/09/28/politics/kavanaugh-senate-judiciary-vote/index.html|url-status=live}} 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.{{cite news|access-date=September 28, 2018|date=September 28, 2018|publisher=NPR|url=https://www.npr.org/2018/09/28/652486413/judiciary-committee-set-to-vote-on-kavanaugh-friday-with-eyes-on-undecided-jeff|title=Trump Orders Limited FBI Investigation To Supplement Kavanaugh Background Check|first1=Scott|last1=Detrow|first2=Tim|last2=Mak|first3=Jessica|last3=Taylor|archive-date=September 28, 2018|archive-url=https://web.archive.org/web/20180928134925/https://www.npr.org/2018/09/28/652486413/judiciary-committee-set-to-vote-on-kavanaugh-friday-with-eyes-on-undecided-jeff|url-status=live}} 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.{{cite news|url=https://www.usatoday.com/story/news/politics/2018/10/05/fbi-report-kavanaugh-no-corroboration-allegations/1532476002/|title=GOP releases summary of FBI report on Kavanaugh: 'No corroboration of the allegations'|website=USA Today|date=October 5, 2018|author=Erin Kelly|access-date=December 17, 2023|archive-url=https://web.archive.org/web/20231217003003/https://www.usatoday.com/story/news/politics/2018/10/05/fbi-report-kavanaugh-no-corroboration-allegations/1532476002/ |archive-date=December 17, 2023 |url-status=live |df=mdy-all}} Majority Leader Mitch McConnell said the Senate would vote on the confirmation on October 6.{{cite news|url=https://www.chicagotribune.com/news/nationworld/politics/ct-kavanaugh-senate-vote-fbi-report-20181004-story.html|title=Key Republican senators accept FBI report on Kavanaugh; retired Justice Stevens opposes nominee|last1=Fram|first1=Alan|date=October 4, 2018|agency=Associated Press|newspaper=Chicago Tribune|access-date=October 4, 2018}} 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.{{cite news |last1=Shear |first1=Michael |last2=Pogrebin |first2=Robin |title=Democrats Denounce Limits on F.B.I.'s Kavanaugh Inquiry as a 'Farce' |url=https://www.nytimes.com/2018/09/30/us/politics/fbi-kavanaugh-investigation-scope-democrats.html |access-date=October 5, 2018 |work=The New York Times |date=September 30, 2018}}{{cite news |last1=Clark |first1=Dartunorro|last2=Egan|first2=Lauren |title='Bull---- investigation,' 'sham,' 'horrific cover-up': Democrats blast FBI Kavanaugh report |url=https://www.nbcnews.com/politics/congress/sham-cover-so-called-investigation-democrats-blast-fbi-kavanaugh-report-n916701 |access-date=October 5, 2018 |work=NBC News |date=October 4, 2018}} 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.{{cite news| title = In 2:30 a.m. tweets, White House says FBI report supports Kavanaugh confirmation| newspaper=The Washington Post| access-date = October 4, 2018| url = https://www.washingtonpost.com/news/morning-mix/wp/2018/10/04/in-middle-of-the-night-tweets-white-house-says-it-is-fully-confident-in-kavanaughs-confirmation/| archive-date = February 14, 2021| archive-url = https://web.archive.org/web/20210214231418/https://www.washingtonpost.com/news/morning-mix/wp/2018/10/04/in-middle-of-the-night-tweets-white-house-says-it-is-fully-confident-in-kavanaughs-confirmation/| url-status = live}}

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.{{cite news |last1=Totenberg |first1=Nina |title=Federal Panel Of Judges Dismisses All 83 Ethics Complaints Against Brett Kavanaugh |url=https://www.npr.org/2018/12/18/678004085/federal-panel-of-judges-dismiss-all-83-ethics-complaints-against-brett-kavanaugh |access-date=December 26, 2018 |publisher=NPR|date=December 18, 2018 |archive-date=December 26, 2018 |archive-url=https://web.archive.org/web/20181226123238/https://www.npr.org/2018/12/18/678004085/federal-panel-of-judges-dismiss-all-83-ethics-complaints-against-brett-kavanaugh |url-status=live }}

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 personally describes in the film.{{Cite news |last=Yuan |first=Jada |date=January 21, 2023 |title=Takeaways from Sundance's secret Brett Kavanaugh documentary |newspaper=The Washington Post |url=https://www.washingtonpost.com/lifestyle/2023/01/21/brett-kavanaugh-doug-liman-sundance/ |access-date=February 19, 2023}}

The documentary also highlights the narratives Kavanaugh advanced to sway public opinion and gain Republicans' support, arguing that Kavanaugh and his team were aware of Ford's and Ramirez's charges before they became public and preemptively countered them by planting alternate narratives with friends and acquaintances.{{Cite web |last=Kiang |first=Jessica |date=January 21, 2023 |title='Justice' Review: Doug Liman's New Brett Kavanaugh Doc Can Only Reignite the Same Old Outrage |url=https://variety.com/2023/film/reviews/justice-review-doug-liman-brett-kavanaugh-1235497555/ |access-date=February 19, 2023 |website=Variety |language=en-US}}{{Cite news |last=Schager |first=Nick |date=January 21, 2023 |title=New Damning Brett Kavanaugh Sexual Assault Allegations in Secret Sundance Doc |url=https://www.thedailybeast.com/new-brett-kavanaugh-sexual-assault-allegations-in-secret-sundance-doc-justice |access-date=February 19, 2023 |work=The Daily Beast |language=en}}

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.{{cite news|url=https://www.nytimes.com/2017/04/06/us/politics/neil-gorsuch-supreme-court-senate.html|title=Senate Republicans Deploy 'Nuclear Option' to Clear Path for Gorsuch|newspaper=The New York Times |date=April 6, 2017 |access-date=October 7, 2018|archive-date=October 2, 2018|archive-url=https://web.archive.org/web/20181002075315/https://www.nytimes.com/2017/04/06/us/politics/neil-gorsuch-supreme-court-senate.html|url-status=live|last1=Flegenheimer |first1=Matt }} The vote was along party lines, with the exception of Democrat Joe Manchin voting yes and Republican Lisa Murkowski voting no.{{cite news |last1=Snell |first1=Kelsey |last2=Naylor |first2=Brian |title=Kavanaugh Passes Critical Senate Hurdle |url=https://www.npr.org/2018/10/05/654552328/senate-to-take-decisive-vote-on-kavanaugh-amid-protest-from-democrats |access-date=October 5, 2018 |agency=NPR|date=October 5, 2018 |archive-date=October 5, 2018 |archive-url=https://web.archive.org/web/20181005115711/https://www.npr.org/2018/10/05/654552328/senate-to-take-decisive-vote-on-kavanaugh-amid-protest-from-democrats |url-status=live }}{{cite news |last1=Buncombe |first1=Andrew |title=Senate votes to proceed Brett Kavanaugh confirmation for the Supreme Court |url=https://www.independent.co.uk/news/world/americas/us-politics/brett-kavanaugh-vote-result-senate-supreme-court-confirmation-senators-a8570571.html |access-date=October 5, 2018 |newspaper=The Independent |date=October 5, 2018 |archive-date=October 5, 2018 |archive-url=https://web.archive.org/web/20181005191008/https://www.independent.co.uk/news/world/americas/us-politics/brett-kavanaugh-vote-result-senate-supreme-court-confirmation-senators-a8570571.html |url-status=live }}

On October 6, the Senate confirmed Kavanaugh to the Supreme Court by a 50–48 vote.{{cite news |last1=Sampathkumar |first1=Mythili |title=Brett Kavanaugh confirmed to Supreme Court amid widespread outcry over sexual assault allegations |url=https://www.independent.co.uk/news/world/americas/us-politics/brett-kavanaugh-confirmed-supreme-court-justice-senate-donald-trump-christine-blasey-ford-a8572201.html |website=The Independent |access-date=October 6, 2018 |location=New York |date=October 6, 2018 |archive-date=October 6, 2018 |archive-url=https://web.archive.org/web/20181006233748/https://www.independent.co.uk/news/world/americas/us-politics/brett-kavanaugh-confirmed-supreme-court-justice-senate-donald-trump-christine-blasey-ford-a8572201.html |url-status=live }} 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".{{cite news |url=https://www.nbcnews.com/politics/politics-news/why-murkowski-still-opposed-will-be-marked-present-kavanaugh-n917306 |title=Why Murkowski, still opposed, will be marked 'present' on Kavanaugh |last1=Helsel |first1=Phil |last2=Thorp |first2=Frank |date=October 5, 2018 |work=NBC News |access-date=October 6, 2018 |archive-date=October 6, 2018 |archive-url=https://web.archive.org/web/20181006113046/https://www.nbcnews.com/politics/politics-news/why-murkowski-still-opposed-will-be-marked-present-kavanaugh-n917306 |url-status=live }} All Republicans except Daines and Murkowski voted to confirm Kavanaugh, and all Democrats except Joe Manchin voted not to.{{cite news|url=https://ktla.com/2018/10/06/senate-approval-of-kavanaughs-supreme-court-nomination-expected-saturday/|title=Senate Votes 50-48 to Confirm Brett Kavanaugh to Supreme Court|date=October 6, 2018|agency=Associated Press|publisher=KTLA|access-date=October 6, 2018|archive-date=October 6, 2018|archive-url=https://web.archive.org/web/20181006224315/https://ktla.com/2018/10/06/senate-approval-of-kavanaughs-supreme-court-nomination-expected-saturday/|url-status=live}} 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.{{Cite web| url=https://www.senate.gov/pagelayout/reference/nominations/Nominations.htm| title=U.S. Senate: Supreme Court Nominations: 1789–Present| website=senate.gov| publisher=U.S. Senate| location=Washington, D.C.| access-date=July 2, 2019| archive-date=December 9, 2020| archive-url=https://web.archive.org/web/20201209085119/https://www.senate.gov/pagelayout/reference/nominations/Nominations.htm| url-status=live}}{{cite web| last1=Hogue| first1=Henry H.| title=Supreme Court Nominations Not Confirmed, 1789-August 2010| url=https://fas.org/sgp/crs/misc/RL31171.pdf| work=CRS Report for Congress (RL31171)| date=August 20, 2010| publisher=Congressional Research Service| location=Washington, D.C.| access-date=July 2, 2019| archive-date=February 6, 2006| archive-url=https://web.archive.org/web/20060206235643/https://fas.org/sgp/crs/misc/RL31171.pdf| url-status=live}}{{cite news| last1=Phillips| first1=Kristine| url=https://www.washingtonpost.com/history/2018/10/08/moral-dry-rot-only-supreme-court-justice-who-divided-senate-more-than-kavanaugh/| title='Moral dry-rot': The only Supreme Court justice who divided the Senate more than Kavanaugh| date=October 8, 2018| newspaper=The Washington Post| access-date=June 29, 2019| archive-date=May 28, 2019| archive-url=https://web.archive.org/web/20190528074844/https://www.washingtonpost.com/history/2018/10/08/moral-dry-rot-only-supreme-court-justice-who-divided-senate-more-than-kavanaugh/| url-status=live}} In percentage terms, Kavanaugh's vote was even closer than Matthews's. Matthews received 51.06% of the vote to Kavanaugh's 51.02%.{{cite news| title=Senate vote on Kavanaugh was historically close| last1=Keller| first1=Chris| date=October 6, 2018| url=https://www.latimes.com/nation/la-pol-scotus-confirmation-votes-over-the-years-20181005-htmlstory.html| work=Los Angeles Times| access-date=July 2, 2019| archive-date=July 1, 2019| archive-url=https://web.archive.org/web/20190701215620/https://www.latimes.com/nation/la-pol-scotus-confirmation-votes-over-the-years-20181005-htmlstory.html| url-status=live}}

Kavanaugh was sworn in as the 114th justice of the Supreme Court on the evening of October 6, 2018.{{cite web|url=https://trumpwhitehouse.archives.gov/briefings-statements/honorable-brett-m-kavanaugh-officially-sworn-114th-justice-supreme-court-united-states/|title=The Honorable Brett M. Kavanaugh officially sworn in as the 114th Justice of the Supreme Court of the United States|date=October 6, 2018|via=National Archives|work=whitehouse.gov|access-date=October 9, 2018|archive-date=January 20, 2021|archive-url=https://web.archive.org/web/20210120200842/https://trumpwhitehouse.archives.gov/briefings-statements/honorable-brett-m-kavanaugh-officially-sworn-114th-justice-supreme-court-united-states/|url-status=live}} 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.{{cite news|last1=Stolberg|first1=Sheryl Gay|url=https://www.nytimes.com/2018/10/06/us/politics/brett-kavanaugh-supreme-court.html|title=Kavanaugh Is Sworn In After Close Confirmation Vote in Senate|work=The New York Times|date=October 6, 2018|access-date=October 7, 2018|archive-date=September 13, 2020|archive-url=https://web.archive.org/web/20200913140833/https://www.nytimes.com/2018/10/06/us/politics/brett-kavanaugh-supreme-court.html|url-status=live}}{{cite web |title=Trump apologizes to Kavanaugh on 'behalf of our nation,' says judge 'proven innocent' |first=Lauren |last=Egan |date=October 9, 2018 |url=https://www.nbcnews.com/politics/white-house/trump-apologizes-behalf-nation-kavanaugh-says-he-was-proven-innocent-n917956 |website=NBC News |access-date=October 17, 2018 |archive-date=October 9, 2018 |archive-url=https://web.archive.org/web/20181009205734/https://www.nbcnews.com/politics/white-house/trump-apologizes-behalf-nation-kavanaugh-says-he-was-proven-innocent-n917956 |url-status=live }}{{cite web |last1=Re |first1=Gregg |title=President Trump apologizes to Brett Kavanaugh and his family at ceremonial swearing-in as Supreme Court justice |url=https://www.foxnews.com/politics/president-trump-apologizes-to-brett-kavanaugh-and-his-family-at-ceremonial-swearing-in-as-supreme-court-justice |website=Fox News |access-date=October 17, 2018 |date=October 8, 2018 |archive-date=October 16, 2018 |archive-url=https://web.archive.org/web/20181016225639/https://www.foxnews.com/politics/president-trump-apologizes-to-brett-kavanaugh-and-his-family-at-ceremonial-swearing-in-as-supreme-court-justice |url-status=live }} Upon joining the Court, Kavanaugh became the first Supreme Court justice to hire an all-female team of law clerks.{{cite web | last1=Schallhorn | first1=Katelyn | title=Kavanaugh hires team of 4 women as his law clerks, first Supreme Court justice to do so | url=https://www.foxnews.com/politics/kavanaugh-hires-team-of-4-women-as-his-law-clerks-first-supreme-court-justice-to-do-so | date=October 8, 2018 | publisher=Fox News | access-date=October 9, 2018 | archive-date=February 14, 2021 | archive-url=https://web.archive.org/web/20210214231405/https://www.foxnews.com/politics/kavanaugh-hires-team-of-4-women-as-his-law-clerks-first-supreme-court-justice-to-do-so | url-status=live }}{{cite magazine | last1=Quinn | first1=Melissa | title=The Kavanaugh effect: Most diverse Supreme Court staff in history | url=https://www.washingtonexaminer.com/policy/courts/the-kavanaugh-effect-most-diverse-supreme-court-staff-in-history | date=October 9, 2018 | magazine=The Washington Examiner | access-date=October 9, 2018 | archive-date=February 14, 2021 | archive-url=https://web.archive.org/web/20210214231423/https://www.washingtonexaminer.com/tag/donald-trump | url-status=live }}

File:Supreme Court Justice Brett Kavanaugh Swearing-In Ceremony.jpg

Kavanaugh began his tenure as Supreme Court justice on October 9, 2018, hearing arguments for Stokeling v. United States and United States v. Stitt.{{cite news |url=https://www.nytimes.com/2018/10/09/us/politics/justice-brett-kavanaugh-supreme-court.html |first1=Adam |last1=Liptak |first2=Noah |last2=Weiland |title=Justice Kavanaugh Takes the Bench on the Supreme Court |newspaper=The New York Times |date=October 9, 2018 |access-date=October 9, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231445/https://www.nytimes.com/2018/10/09/us/politics/justice-brett-kavanaugh-supreme-court.html |url-status=live }}

In November 2020, Kavanaugh was reassigned to both the Sixth Circuit and the Eighth Circuit.{{Cite web |url=https://lawandcrime.com/supreme-court/supreme-court-reveals-new-circuit-assignments-for-justices/ |title=What Are Supreme Court Justices Circuit Assignments? |date=November 20, 2020 |access-date=November 25, 2020 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231419/https://lawandcrime.com/supreme-court/supreme-court-reveals-new-circuit-assignments-for-justices/ |url-status=live }} He had previously been assigned to the Seventh Circuit, which covers federal courts in Illinois, Indiana, and Wisconsin.{{cite web|url=https://www.supremecourt.gov/about/circuitAssignments.aspx|title=Circuit Assignments|work=Supreme Court of the United States|access-date=November 18, 2019|archive-date=December 21, 2019|archive-url=https://web.archive.org/web/20191221051625/https://www.supremecourt.gov/about/circuitAssignments.aspx|url-status=live}} Circuit justices are principally responsible for responding to emergency requests (for example, applications for emergency stays of executions){{cite web|url=https://www.scotusblog.com/2018/10/court-issues-new-circuit-assignments/|title=Court Issues New Circuit Assignments|work=ScotusBlog|date=October 19, 2018|access-date=November 18, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231407/https://www.scotusblog.com/2018/10/court-issues-new-circuit-assignments/|url-status=live}} that arise from the circuit's jurisdiction, either by the assigned justice alone or else by the justice's referring them to the full Court for review.

Kavanaugh wrote his first Supreme Court opinion on January 8, 2019, in Henry Schein, Inc. v. Archer & White Sales, Inc., a unanimous decision reversing an appeals court opinion that had allowed a court to decide whether an issue in a contract between a dental equipment manufacturer and distributor should be decided by arbitration.{{cite news|title=Brett Kavanaugh issues first Supreme Court opinion, in unanimous arbitration case|url=https://www.usatoday.com/story/news/politics/2019/01/08/brett-kavanaugh-first-supreme-court-opinion-unanimous/2512350002/|date=January 8, 2019|last1=Wolf|first1=Richard|newspaper=USA Today|access-date=January 8, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231429/https://www.usatoday.com/story/news/politics/2019/01/08/brett-kavanaugh-first-supreme-court-opinion-unanimous/2512350002/|url-status=live}}

On February 27, Kavanaugh joined Roberts and the court's liberal justices in Garza v. Idaho, a case in which the Court held that the Sixth Amendment's presumption of prejudice resulting from ineffective assistance of counsel applies to situations in which an attorney declines to file an appeal because an appeal waiver was signed as part of a plea agreement.{{Cite web|url=https://www.jurist.org/news/2019/02/supreme-court-further-defines-ineffective-counsel/|title=Supreme Court further defines ineffective counsel|last1=Gallmeyer|first1=Charles|date=February 27, 2019|website=Jurist.org|access-date=February 27, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231431/https://www.jurist.org/news/2019/02/supreme-court-further-defines-ineffective-counsel/|url-status=live}}

In December 2018, as a swing vote, Kavanaugh joined Roberts and the Court's four more liberal justices to decline to hear cases brought by Louisiana and Kansas, which sought to block women from choosing to receive Medicaid-funded medical care from Planned Parenthood clinics. Two lower appeals courts had ruled that the federal law creating Medicaid protects patients' rights to choose any provider which is "qualified to perform" the needed services.{{cite web|url=https://www.cnbc.com/2018/12/10/supreme-court-hamstrings-states-efforts-to-defund-planned-parenthood.html|title=Supreme Court hamstrings states' efforts to defund Planned Parenthood|last1=Higgins|first1=Tucker|date=December 10, 2018|website=www.cnbc.com|access-date=December 11, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231408/https://www.cnbc.com/2018/12/10/supreme-court-hamstrings-states-efforts-to-defund-planned-parenthood.html|url-status=live}}

In February 2019, Kavanaugh joined three of his conservative colleagues in voting to reject a stay of a Louisiana law to restrict abortion.{{Cite news |url=https://www.npr.org/2019/02/07/690319510/supreme-court-stops-louisiana-abortion-law-from-being-implemented |first1=Nina |last1=Totenberg |first2=Domenico |last2=Montanaro |first3=Richard |last3=Gonzales |author-link=Nina Totenberg |title=Supreme Court Stops Louisiana Abortion Law From Being Implemented |newspaper=NPR|date=February 7, 2019 |access-date=February 9, 2019 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231412/https://www.npr.org/2019/02/07/690319510/supreme-court-stops-louisiana-abortion-law-from-being-implemented |url-status=live }} He issued his own dissenting opinion.{{Cite web|url=https://www.cnn.com/2019/02/07/politics/read-brett-kavanaugh-dissent-abortion-louisiana/index.html|title=Read: Justice Brett Kavanaugh's dissent in Louisiana abortion clinic case|website=CNN|date=February 8, 2019|access-date=February 9, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231424/https://www.cnn.com/2019/02/07/politics/read-brett-kavanaugh-dissent-abortion-louisiana/index.html|url-status=live}} CNBC reported that "Kavanaugh agreed [with three conservative justices], but wrote separately that he would be open to reconsidering the legality of the law if the dire warnings from abortion rights groups materialized."{{Cite web|url=https://www.cnbc.com/2019/02/08/chief-justice--roberts-protects-abortion--buts-sets-up-2020-showdown.html|title=Chief Justice Roberts protects abortion — but sets up 2020 showdown|last1=Higgins|first1=Tucker|date=February 8, 2019|website=www.cnbc.com|access-date=February 9, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231409/https://www.cnbc.com/2019/02/08/chief-justice--roberts-protects-abortion--buts-sets-up-2020-showdown.html|url-status=live}} The Supreme Court decided this case, June Medical Services L. L. C. v. Russo, on June 29, 2020, striking down Louisiana's requirement for abortion providers to hold hospital admitting privileges. Kavanaugh dissented.{{Cite web|last=Justice Breyer|date=June 29, 2020|title=JUNE MEDICAL SERVICES L. L. C., ET AL.|url=https://www.supremecourt.gov/opinions/19pdf/18-1323_c07d.pdf|access-date=June 29, 2020|website=U.S. Supreme Court|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231318/https://www.supremecourt.gov/opinions/19pdf/18-1323_c07d.pdf|url-status=live}} In September 2021, by a 5–4 vote, the Court declined an emergency petition to temporarily block enforcement of the Texas Heartbeat Act, which bans nearly all abortions after six weeks of pregnancy. Kavanaugh was in the majority, joined by Thomas, Alito, Gorsuch, and Barrett.{{Cite news|last1=Liptak|first1=Adam|last2=Goodman|first2=J. David|last3=Tavernise|first3=Sabrina|date=September 1, 2021|title=Supreme Court, Breaking Silence, Won't Block Texas Abortion Law|language=en-US|work=The New York Times|url=https://www.nytimes.com/2021/09/01/us/supreme-court-texas-abortion.html|access-date=September 15, 2021|issn=0362-4331|archive-date=September 1, 2021|archive-url=https://web.archive.org/web/20210901165835/https://www.nytimes.com/2021/09/01/us/supreme-court-texas-abortion.html|url-status=live}} In June 2022, in Dobbs v. Jackson Women's Health Organization, Kavanaugh joined the same four justices in voting to completely overturn Roe v. Wade and Planned Parenthood v. Casey.{{Cite news |title=Supreme Court overturns Roe v. Wade, ending right to abortion upheld for decades |language=en |work=NPR |url=https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn |access-date=September 16, 2022}} Kavanaugh later wrote the opinion of the court in FDA v. Alliance for Hippocratic Medicine, ruling that AHM could not sue to prevent the Food and Drug Administration's approval of the abortion pill mifepristone without demonstrating that the drug's availability had caused them personal harm.{{cite news|url=https://www.bbc.co.uk/news/articles/c2qq1wqw3w2o|newspaper=BBC News|date=13 June 2024|title=US Supreme Court rejects challenge to abortion drug mifepristone}}

Also in February, Kavanaugh was part of the majority in decisions relating to the death penalty. On February 7, 2019, he was part of the majority in a 5–4 decision rejecting a Muslim prisoner's request to delay his execution in order to have an imam present.{{Cite news|url=https://www.reuters.com/article/us-alabama-execution-idUSKCN1PX07C|title=Muslim man executed after U.S. Supreme Court denies request for...|date=February 8, 2019|work=Reuters|access-date=February 21, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231433/https://www.reuters.com/article/us-alabama-execution-idUSKCN1PX07C|url-status=live}} On February 19, 2019, Kavanaugh joined Roberts and the Court's four liberal justices in a 6–3 decision blocking the execution of a man with an "intellectual disability" in Texas.{{Cite web|url=https://www.usatoday.com/story/news/politics/2019/02/19/supreme-court-bobby-james-moore-death-penalty-case/2914569002/|title=Divided Supreme Court blocks Texas from executing intellectually disabled man, citing 'lay stereotypes'|website=USA Today|access-date=February 21, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231415/https://www.usatoday.com/story/news/politics/2019/02/19/supreme-court-bobby-james-moore-death-penalty-case/2914569002/|url-status=live}}{{Cite web|url=https://thehill.com/regulation/court-battles/430556-supreme-court-tosses-death-sentence-for-texas-man|title=Supreme Court tosses death sentence for Texas man|last1=Rowland|first1=Geoffrey|date=February 19, 2019|website=The Hill|access-date=February 21, 2019|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231443/https://thehill.com/regulation/court-battles/430556-supreme-court-tosses-death-sentence-for-texas-man|url-status=live}} In January 2022, he voted with the majority in a 5–4 decision to allow an execution to proceed in Alabama.{{Cite web|last=de Vogue|first=Ariane |title=5-4 Supreme Court clears the way for Alabama execution|url=https://www.cnn.com/2022/01/27/politics/supreme-court-death-penalty-matthew-reeves-alabama/index.html|access-date=January 28, 2022|website=CNN|date=January 28, 2022 }} In 2023 Kavanaugh wrote the majority opinion in Reed v. Goertz, ruling that Texas death row inmate Rodney Reed could seek DNA testing on evidence in his case despite the state's statute of limitations on such testing.{{cite web|url=https://slate.com/news-and-politics/2023/04/supreme-court-reed-goertz-death-penalty-kavanaugh.html|title=A Supreme Court Win for Due Process—Written by Brett Kavanaugh?|website=Slate|date=April 24, 2023|author1-link=Lee Kovarsky|first=Lee|last=Kovarsky}}

On June 15, 2020, in Bostock v. Clayton County, the Supreme Court ruled 6–3 that the workplace nondiscrimination protections in Title VII of the Civil Rights Act of 1964 should be interpreted as protecting people on the basis of sexual orientation and gender identity. Kavanaugh wrote a dissent in which he argued that sexual orientation discrimination has always been understood as distinct from sex discrimination. He conceded that sexual orientation discrimination "may, as a very literal matter, entail making a distinction based on sex"; nonetheless, he said, "to fire one employee because she is a woman and another employee because he is gay implicates two distinct societal concerns, reveals two distinct biases, imposes two distinct harms, and falls within two distinct statutory prohibitions." He said that any change to the relevant law ought to be made by Congress, not by judges; and that "both the rule of law and democratic accountability badly suffer when a court adopts a hidden or obscure interpretation of the law, and not its ordinary meaning."Bostock v. Clayton County, 590 U.S. ___, slip op., dissent of Kavanaugh, J., at p. 7. Kavanaugh's dissent did not discuss gender identity or use the word "transgender", although transgender rights were at issue in the case. In a footnote, he wrote that his analysis "on the basis of sexual orientation would apply in much the same way to discrimination on the basis of gender identity."{{Cite web|last=Kavanaugh|first=Brett|date=June 15, 2020|title=Nos. 17–1618, 17–1623 and 18–107. JUSTICE KAVANAUGH, dissenting.|url=https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf|access-date=June 15, 2020|website=U.S. Supreme Court|page=2|archive-date=June 15, 2020|archive-url=https://web.archive.org/web/20200615161652/https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf|url-status=live}} In October 2020, Kavanaugh agreed with the justices in an "apparently unanimous" decision to deny an appeal brought by Kim Davis, a county clerk who refused to issue marriage licenses to same-sex couples.{{Cite web|title=Supreme Court rejects appeal from county clerk who wouldn't issue marriage licenses to same-sex couples|url=https://www.nbcnews.com/politics/supreme-court/supreme-court-rejects-appeal-county-clerk-who-wouldn-t-issue-n1242124|access-date=October 5, 2020|website=NBC News|date=October 5, 2020 |language=en|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231434/https://www.nbcnews.com/politics/supreme-court/supreme-court-rejects-appeal-county-clerk-who-wouldn-t-issue-n1242124|url-status=live}}

In 2021, Kavanaugh joined the majority opinion in Fulton v. City of Philadelphia, ruling in favor of a Catholic adoption and social service agency that had been denied funding by the City of Philadelphia because it does not place children for adoption with same-sex couples; the ruling also declined to overturn Employment Division v. Smith, "an important precedent limiting First Amendment protections for religious practices".{{Cite news|last=Liptak|first=Adam|date=June 17, 2021|title=Supreme Court Backs Catholic Agency in Case on Gay Rights and Foster Care|language=en-US|work=The New York Times|url=https://www.nytimes.com/2021/06/17/us/supreme-court-gay-rights-foster-care.html|access-date=July 5, 2021|issn=0362-4331|archive-date=July 6, 2021|archive-url=https://web.archive.org/web/20210706112400/https://www.nytimes.com/2021/06/17/us/supreme-court-gay-rights-foster-care.html|url-status=live}} The same month, Kavanaugh was among the six justices who rejected the appeal of a Washington State florist, whom lower courts had ruled violated non-discrimination laws by refusing to sell floral arrangements to a same-sex couple based on her religious beliefs against same-sex marriage, leaving the lower courts' judgments in place.{{Cite web|author=Ariane de Vogue and Veronica Stracqualursi|title=Supreme Court rejects appeal from florist who wouldn't make arrangement for same-sex wedding|url=https://www.cnn.com/2021/07/02/politics/supreme-court-flower-shop-same-sex-wedding-case/index.html|access-date=July 5, 2021|website=CNN|date=July 2, 2021 |archive-date=July 3, 2021|archive-url=https://web.archive.org/web/20210703163750/https://www.cnn.com/2021/07/02/politics/supreme-court-flower-shop-same-sex-wedding-case/index.html|url-status=live}}{{Cite web|last=Higgins|first=Tucker|date=July 2, 2021|title=Supreme Court declines to decide whether religious flower shop owner can refuse same-sex weddings|url=https://www.cnbc.com/2021/07/02/supreme-court-declines-to-say-whether-flower-shop-can-reject-same-sex-weddings.html|access-date=July 5, 2021|website=CNBC|language=en|archive-date=July 2, 2021|archive-url=https://web.archive.org/web/20210702153841/https://www.cnbc.com/2021/07/02/supreme-court-declines-to-say-whether-flower-shop-can-reject-same-sex-weddings.html|url-status=live}}{{Cite web|title=Gay couple wins case against florist after Supreme Court rejects appeal|url=https://abcnews.go.com/Politics/gay-couple-wins-case-florist-supreme-court-rejects/story?id=78631214|access-date=July 5, 2021|website=ABC News|language=en|archive-date=July 3, 2021|archive-url=https://web.archive.org/web/20210703153015/https://abcnews.go.com/Politics/gay-couple-wins-case-florist-supreme-court-rejects/story?id=78631214|url-status=live}} In November 2021, Kavanaugh voted with the majority of justices in a 6–3 decision to decline to hear an appeal from Mercy San Juan Medical Center, a hospital affiliated with the Roman Catholic Church, which had sought to deny a hysterectomy to a transgender patient on religious grounds.{{Cite web|date=November 1, 2021|title=Supreme Court won't hear case involving transgender rights|url=https://apnews.com/article/us-supreme-court-business-religion-california-discrimination-b7ecdd5c56deec5be7782843b21b6e34|access-date=November 2, 2021|website=AP News|language=en|archive-date=November 3, 2021|archive-url=https://web.archive.org/web/20211103103329/https://apnews.com/article/us-supreme-court-business-religion-california-discrimination-b7ecdd5c56deec5be7782843b21b6e34|url-status=live}} Thomas, Alito, and Gorsuch dissented; because four votes are required to hear an appeal, the vote to reject the appeal left in place a lower court ruling in the patient's favor.{{Cite news|last1=Chung|first1=Andrew|last2=Hurley|first2=Lawrence|date=November 2, 2021|title=U.S. Supreme Court spurns Catholic hospital appeal over transgender patient|language=en|work=Reuters|url=https://www.reuters.com/legal/government/us-supreme-court-spurns-catholic-hospital-appeal-over-transgender-patient-2021-11-01/|access-date=November 2, 2021|archive-date=November 2, 2021|archive-url=https://web.archive.org/web/20211102194853/http://www.reuters.com/legal/government/us-supreme-court-spurns-catholic-hospital-appeal-over-transgender-patient-2021-11-01/|url-status=live}}{{Cite web|last=Press {{!}}|first=Associated|date=November 2, 2021|title=Supreme Court turns down Northern California Catholic hospital appeal over transgender patient|url=https://www.mercurynews.com/2021/11/02/supreme-court-wont-hear-case-involving-transgender-rights|access-date=November 2, 2021|website=The Mercury News|language=en-US|archive-date=November 2, 2021|archive-url=https://web.archive.org/web/20211102200356/https://www.mercurynews.com/2021/11/02/supreme-court-wont-hear-case-involving-transgender-rights/|url-status=live}}

In July 2020, in Trump v. Vance, the Supreme Court ruled in two 7–2 decisions that the Manhattan district attorney could access Trump's tax records, but that the issue of whether Congress could access the same records needed to be processed through the lower courts. Kavanaugh joined Roberts, Gorsuch, and the court's four Democratic appointees in the majority;{{Cite news|last=Liptak|first=Adam|date=July 9, 2020|title=Supreme Court Rules Trump Cannot Block Release of Financial Records|language=en-US|work=The New York Times|url=https://www.nytimes.com/2020/07/09/us/trump-taxes-supreme-court.html|access-date=July 9, 2020|issn=0362-4331|archive-date=July 9, 2020|archive-url=https://web.archive.org/web/20200709143014/https://www.nytimes.com/2020/07/09/us/trump-taxes-supreme-court.html|url-status=live}} Justices Thomas and Alito dissented.{{Cite web |title=Supreme Court rules Manhattan prosecutor can access Trump financial records |first=Melissa |last=Quinn |url=https://www.cbsnews.com/news/supreme-court-trump-tax-records-manhattan-district-attorney/ |date=July 9, 2020 |access-date=July 9, 2020 |website=www.cbsnews.com |language=en-US |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231441/https://www.cbsnews.com/news/supreme-court-trump-tax-records-manhattan-district-attorney/ |url-status=live }} The rulings mean that the Manhattan DA will have access to the records while Congress does not, pending the outcome of the case in lower courts.{{Cite web|last=Swanson|first=Ian|date=July 9, 2020|title=Five takeaways from Supreme Court's rulings on Trump tax returns|url=https://thehill.com/regulation/court-battles/506662-five-takeaways-from-supreme-courts-rulings-on-trump-tax-returns|access-date=July 9, 2020|website=The Hill|language=en|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231437/https://thehill.com/regulation/court-battles/506662-five-takeaways-from-supreme-courts-rulings-on-trump-tax-returns|url-status=live}}

Eight days before the 2020 presidential election Kavanaugh concurred that absentee votes properly cast in Wisconsin but received after November 3 must be discarded, joining the Court's conservatives in a ruling that requires deferral to state officials on elections.{{Cite news|last=Barnes|first=Robert|title=Supreme Court rejects request to extend Wisconsin's deadline for counting mail-in ballots|language=en-US|newspaper=The Washington Post|url=https://www.washingtonpost.com/politics/courts_law/supreme-court-wisconsin-mail-ballots/2020/10/26/70fa459e-12fc-11eb-ad6f-36c93e6e94fb_story.html|access-date=October 27, 2020|issn=0190-8286|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231456/https://www.washingtonpost.com/politics/courts_law/supreme-court-wisconsin-mail-ballots/2020/10/26/70fa459e-12fc-11eb-ad6f-36c93e6e94fb_story.html|url-status=live}}{{Cite web|last=Tillman|first=Zoe|title=The Supreme Court Gave Republicans A Win In Wisconsin, Ruling That Ballots That Arrive After Election Day Won't Count|url=https://www.buzzfeednews.com/article/zoetillman/supreme-court-republicans-wisconsin-ballots-election|access-date=October 27, 2020|website=BuzzFeed News|date=October 27, 2020 |language=en|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231426/https://www.buzzfeednews.com/article/zoetillman/supreme-court-republicans-wisconsin-ballots-election|url-status=live}} On October 19, Kavanaugh voted to grant a request for a stay that would have prevented ballots sent before Election Day but delivered within three days after it from being counted. The Court was split 4–4, so the ruling by the Supreme Court of Pennsylvania requiring all votes to be counted stood, but the case may be reheard.{{Cite news|title=Supreme Court Rules Pennsylvania Can Count Ballots Received After Election Day|url=https://www.npr.org/2020/10/19/922411176/supreme-court-rules-pennsylvania-can-count-ballots-received-after-election-day|access-date=October 27, 2020|newspaper=NPR|date=October 19, 2020|language=en|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231533/https://www.npr.org/2020/10/19/922411176/supreme-court-rules-pennsylvania-can-count-ballots-received-after-election-day|url-status=live|last1=Fessler|first1=Pam}} Kavanaugh sided with Roberts and three liberal justices in a 5–3 majority to allow voting extension in North Carolina.{{Cite news |url=https://www.npr.org/2020/10/28/928890290/supreme-court-allows-ballot-extensions-in-pennsylvania-north-carolina-for-now |title=Supreme Court Allows Ballot Extensions in Pennsylvania, North Carolina, for Now |newspaper=NPR |access-date=October 29, 2020 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231414/https://www.npr.org/2020/10/28/928890290/supreme-court-allows-ballot-extensions-in-pennsylvania-north-carolina-for-now |url-status=live }}

In his concurrence in National Collegiate Athletic Association v. Alston in June 2021, in which the Court ruled unanimously that college sports were not exempt from antitrust law, Kavanaugh called the NCAA "a massive money-raising enterprise on the backs of student athletes who are not fairly compensated." No one else, he said, could "not ... pay workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate." He said there were "serious questions" about other rules on compensation.{{cite news|url=https://apnews.com/article/ncaa-supreme-court-alston-college-athlete-benefits-5be12caeaf014da7d71baf0bb60646fe|title=Supreme Court win for college athletes in compensation case|last=Gresko|first=Jessica.|work=Associated Press|date=June 22, 2021|access-date=June 23, 2021|archive-date=July 3, 2021|archive-url=https://web.archive.org/web/20210703050819/https://apnews.com/article/ncaa-supreme-court-alston-college-athlete-benefits-5be12caeaf014da7d71baf0bb60646fe|url-status=live}}

{{main|Brett Kavanaugh assassination plot}}

In the early morning of June 8, 2022, Nicholas John Roske traveled from California to Kavanaugh's home in Maryland with plans to break into the home, murder Kavanaugh, and commit suicide.{{Cite news |last1=Jiménez |first1=Jesus |last2=Cramer |first2=Maria |date=June 8, 2022|title=Armed Man Is Arrested Near Home of Justice Kavanaugh |language=en-US |work=The New York Times |url=https://www.nytimes.com/2022/06/08/us/brett-kavanaugh-threat-arrest.html |access-date=June 8, 2022|issn=0362-4331}}{{Cite web|title=Court: Armed man arrested near Kavanaugh's house |url=https://www.politico.com/news/2022/06/08/armed-man-arrested-justice-brett-kavanaugh-00038069 |access-date=June 8, 2022|website=Politico|date=June 8, 2022 |language=en}} After seeing two U.S. marshals outside Kavanaugh's home, Roske turned himself in by calling 9-1-1. He said his attempt to murder Kavanaugh stemmed from dissatisfaction with the Supreme Court's leaked draft opinion in Dobbs v. Jackson Women's Health Organization, as well as the potential for the Court to loosen gun control laws under the Second Amendment. Roske was armed with a pistol, two magazines and ammunition, pepper spray, zip ties, a hammer, a screwdriver, a nail punch, a crowbar, a pistol light, duct tape, and other items. He has been charged with attempted murder.

Kavanaugh taught full-term courses on separation of powers at Harvard Law School from 2008 to 2015, on the Supreme Court at Harvard Law School between 2014 and 2018, on National Security and Foreign Relations Law at Yale Law School in 2011, and on Constitutional Interpretation at Georgetown University Law Center in 2007. He was named the Samuel Williston Lecturer on Law at Harvard Law School in 2009.{{cite web |url=https://www.cadc.uscourts.gov/internet/home.nsf/Content/VL+-+Judges+-+BMK |title=BRETT M. KAVANAUGH |publisher=District of Columbia Circuit |access-date=July 11, 2018 |archive-url=https://web.archive.org/web/20180718002245/https://www.cadc.uscourts.gov/internet/home.nsf/Content/VL+-+Judges+-+BMK |archive-date=July 18, 2018 |url-status=dead }} In 2008, Kavanaugh was hired as a visiting professor by Elena Kagan, then the dean of Harvard Law School. According to The Boston Globe, he was generous with his time and accessible, and quickly became a student favorite. He often dined in Cambridge with students and offered references and career advice.{{cite news |last1=Viser |first1=Matt |url=https://www.bostonglobe.com/news/politics/2018/07/10/kagankavanaugh/gToNHQ4Ko7LzW4si4NI1QM/story.html |title=At Harvard Law School, he's Professor Kavanaugh |work=The Boston Globe |date=July 11, 2018 |access-date=July 11, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231503/https://www.bostonglobe.com/news/politics/2018/07/10/kagankavanaugh/gToNHQ4Ko7LzW4si4NI1QM/story.html |url-status=live }}{{cite web|url=https://today.law.harvard.edu/judge-brett-kavanaugh-hls-williston-lecturer-on-law-nominated-to-supreme-court|title=Judge Brett Kavanaugh, HLS Williston Lecturer on Law, nominated to Supreme Court – Harvard Law Today|publisher=today.law.harvard.edu|access-date=July 12, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231453/https://today.law.harvard.edu/judge-brett-kavanaugh-hls-williston-lecturer-on-law-nominated-to-supreme-court/|url-status=live}} Kavanaugh received high evaluations from his students, including JD Vance.{{cite news |last1=Liptak |first1=Adam |title='Best Professor.' 'Very Evenhanded.' 'Great Hair!': Brett Kavanaugh, as Seen by His Law Students |url=https://www.nytimes.com/2018/07/19/us/politics/brett-kavanaugh-supreme-court.html |work=The New York Times |date=July 19, 2018 |page=A18 |access-date=August 22, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231432/https://www.nytimes.com/2018/07/19/us/politics/brett-kavanaugh-supreme-court.html |url-status=live }} After the allegations of sexual misconduct against him, about 50 Harvard students filed formal complaints arguing that Kavanaugh's presence as a lecturer would violate the university's sexual harassment policies.{{Cite web |last=Wermund |first=Benjamin |date=2018-10-03 |title=Harvard students file complaints saying Kavanaugh violates sexual harassment policies |url=https://www.politico.com/story/2018/10/03/harvard-law-students-kavanaugh-title-ix-827773 |access-date=2025-04-15 |website=Politico |language=en}} Shortly thereafter, Kavanaugh voluntarily withdrew from teaching at Harvard for the 2019 winter semester.{{Cite news|url=https://www.washingtonpost.com/education/2018/10/02/kavanaugh-withdraws-teaching-harvard-law-this-winter-graduates-gather-signatures-objecting-his-role/|title=Kavanaugh withdraws from teaching at Harvard Law this winter, as graduates gather signatures objecting to his role|last1=Svrluga|first1=Susan|date=October 1, 2018|newspaper=The Washington Post|access-date=December 5, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231447/https://www.washingtonpost.com/education/2018/10/02/kavanaugh-withdraws-teaching-harvard-law-this-winter-graduates-gather-signatures-objecting-his-role/|url-status=live}} In the summer of 2019, he joined the faculty of George Mason University's Antonin Scalia Law School as a visiting professor, co-teaching a summer course in Runnymede, England, on the origins and creation of the United States Constitution.{{cite news |last1=Stracqualursi |first1=Veronica |title=Supreme Court Justice Brett Kavanaugh to teach summer class in England for George Mason law |url=https://www.cnn.com/2019/03/23/politics/brett-kavanaugh-george-mason-professor-summer-class/index.html |access-date=June 5, 2019 |work=CNN|date=March 23, 2019 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231457/https://www.cnn.com/2019/03/23/politics/brett-kavanaugh-george-mason-professor-summer-class/index.html |url-status=live }}

In 2009, Kavanaugh wrote an article for the Minnesota Law Review in which he argued that Congress should exempt U.S. presidents from civil lawsuits while in office because, among other things, such lawsuits could be "time-consuming and distracting" for the president and would thus "ill serve the public interest, especially in times of financial or national security crisis".{{Cite news|url=https://www.washingtonpost.com/politics/top-supreme-court-prospect-has-argued-presidents-should-not-be-distracted-by-investigations-and-lawsuits/2018/06/29/2dd9c1cc-7baa-11e8-80be-6d32e182a3bc_story.html|title=Top Supreme Court prospect has argued presidents should not be distracted by investigations and lawsuits|last1=Kranish|first1=Michael|date=June 29, 2018|newspaper=The Washington Post|access-date=June 30, 2018|last2=Marimow|first2=Ann E.|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231440/https://www.washingtonpost.com/politics/top-supreme-court-prospect-has-argued-presidents-should-not-be-distracted-by-investigations-and-lawsuits/2018/06/29/2dd9c1cc-7baa-11e8-80be-6d32e182a3bc_story.html|url-status=live}} Kavanaugh argued that if a president "does something dastardly", they may be impeached by the House of Representatives, convicted by the Senate, and criminally prosecuted after leaving office. He asserted that the U.S. would have been better off if President Clinton could have "focused on Osama bin Laden without being distracted by the Paula Jones sexual harassment case and its criminal investigation offshoots".{{Cite journal|last1=Kavanaugh|first1=Brett M.|year=2008|title=Separation of Powers During the Forty-Fourth Presidency and Beyond|url=http://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf|journal=Minnesota Law Review|volume=93|page=1454|access-date=July 10, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231337/https://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf|url-status=live}} This article garnered attention in 2018 when Kavanaugh was nominated to the Supreme Court by Trump, whose 2016 presidential campaign was at the time the subject of a federal probe by Special Counsel Robert Mueller.

When reviewing a book on statutory interpretation by Second Circuit chief judge Robert Katzmann, Kavanaugh observed that judges often cannot agree on a statute if its text is ambiguous.{{cite journal|first1=Brett M.|last1=Kavanaugh|url=http://cdn.harvardlawreview.org/wp-content/uploads/2016/06/2118-2163-Online.pdf|title=Fixing Statutory Interpretation|volume=129|journal=Harvard Law Review|page=2118|year=2016|access-date=November 1, 2016|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231339/http://cdn.harvardlawreview.org/wp-content/uploads/2016/06/2118-2163-Online.pdf|url-status=live}} To remedy this, he encouraged judges to first seek the "best reading" of the statute, through "interpreting the words of the statute" as well as the context of the statute as a whole, and only then apply other interpretive techniques that may justify an interpretation that differs from the "best meaning", such as constitutional avoidance, legislative history, and Chevron deference.

File:The Kavanaugh family with George W. Bush.jpg

Kavanaugh and Ashley Estes, the personal secretary to former president George W. Bush,{{cite news |title=Five things to know about Supreme Court nominee Brett Kavanaugh |url=https://www.usatoday.com/story/news/politics/2018/07/09/supreme-court-nominee-brett-kavanaugh-five-things/770210002 |access-date=July 10, 2018 |work=USA Today |date=July 9, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231455/https://www.usatoday.com/story/news/politics/2018/07/09/supreme-court-nominee-brett-kavanaugh-five-things/770210002/ |url-status=live }} married in 2004; the couple have two daughters.{{cite web |title=Brett Kavanaugh Fast Facts |url=https://www.cnn.com/2018/07/16/us/brett-kavanaugh-fast-facts/index.html |website=CNN|access-date=February 27, 2022 |language=en |date=July 16, 2018}} They live in Chevy Chase Section Five, Maryland.

Kavanaugh ran the Boston Marathon in 2010 and 2015.{{cite news |last1=Sherman |first1=Mark |url=https://www.boston.com/news/politics/2018/07/09/who-is-judge-brett-kavanaugh |title=Who is Judge Brett Kavanaugh? Trump's Supreme Court nominee |work=The Boston Globe |agency=Associated Press |date=July 9, 2018 |access-date=July 11, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231534/https://www.boston.com/news/politics/2018/07/09/who-is-judge-brett-kavanaugh |url-status=live }} His bibs bore non-qualifying numbers, assigned for a charity or a "guest" rather than an age-based time qualifier.{{cite web|url=https://www.marathoninvestigation.com/2018/09/supreme-court-nominee-brett-kavanaugh-didnt-cheat-to-run-boston-stop-asking.html|title=Supreme Court Nominee Brett Kavanaugh Didn't Cheat To Run Boston – Stop Asking|date=September 5, 2018|access-date=September 30, 2018|archive-date=February 14, 2021|archive-url=https://web.archive.org/web/20210214231432/https://www.marathoninvestigation.com/2018/09/supreme-court-nominee-brett-kavanaugh-didnt-cheat-to-run-boston-stop-asking.html|url-status=live}} He also has completed many shorter races, from 5 km to 10 miles.{{cite web |last1=Eddie |first1=Wooten |title=Brett Kavanaugh: Supreme Court nominee, runner and Boston Marathon finisher |url=https://www.greensboro.com/blogs/wooten_running_shorts/brett-kavanaugh-supreme-court-nominee-runner-and-boston-marathon-finisher/article_bf78fc04-8480-11e8-9675-f71776b05ee6.html |publisher=News and Record |access-date=September 30, 2018 |date=July 10, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231451/https://greensboro.com/blogs/wooten_running_shorts/brett-kavanaugh-supreme-court-nominee-runner-and-boston-marathon-finisher/article_bf78fc04-8480-11e8-9675-f71776b05ee6.html |url-status=live }}{{cite web |title=Brett Kavanaugh |url=https://www.athlinks.com/search/unclaimed/?term=Brett%20Kavanaugh&category=unclaimed |publisher=ATHLINKS |access-date=September 30, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231455/https://www.athlinks.com/search/unclaimed/?term=Brett+Kavanaugh&category=unclaimed |url-status=live }}

Kavanaugh is a Roman Catholic and serves as a regular lector at the Shrine of the Most Blessed Sacrament in Washington, D.C. He has helped serve meals to the homeless as part of church programs, and has tutored at the Washington Jesuit Academy, a Catholic private school in the District of Columbia.{{cite news |title=5 faith facts on Trump's Supreme Court pick, Brett Kavanaugh |url=https://religionnews.com/2018/07/09/5-faith-facts-on-trumps-supreme-court-pick-brett-kavanaugh |access-date=July 10, 2018 |agency=Religion News Service |date=July 10, 2018 |archive-date=February 14, 2021 |archive-url=https://web.archive.org/web/20210214231429/https://religionnews.com/2018/07/09/5-faith-facts-on-trumps-supreme-court-pick-brett-kavanaugh/ |url-status=live }}

At his May 2006 confirmation hearing to the District of Columbia Circuit, he stated that he was a registered Republican. In 2018, Kavanaugh's reported salary was $220,600 as a federal judge and $27,000 as a lecturer at Harvard Law School.{{cite news |last1=Glum |first1=Julia |date=July 10, 2018 |title=Supreme Court Nominee Brett Kavanaugh Has a $1 Million House — and Very Little in Savings. Here's What We Know About His Money |work=Money.com |url=https://money.com/supreme-court-nominee-brett-avanaugh-net-worth/ |url-status=live |access-date=September 27, 2018 |archive-url=https://web.archive.org/web/20200810035752/https://money.com/supreme-court-nominee-brett-avanaugh-net-worth/ |archive-date=August 10, 2020}}

In 2022, Kavanaugh's home was the site of protests following the leak of a draft majority opinion for the Supreme Court case Dobbs v. Jackson Women's Health Organization.{{Cite news |last=Kanno-Youngs |first=Zolan |date=May 12, 2022|title=A Battle Over How to Battle Over Roe: Protests at Justices' Homes Fuel Rancor |language=en-US |work=The New York Times |url=https://www.nytimes.com/2022/05/12/us/politics/abortion-protests-supreme-court-justices.html |access-date=June 8, 2022|issn=0362-4331}}{{Cite news |date=May 8, 2022|title=Abortion-Rights Protest Targets Homes of Kavanaugh, Roberts |language=en |work=Bloomberg |url=https://www.bloomberg.com/news/articles/2022-05-08/abortion-rights-protest-targets-homes-of-kavanaugh-roberts |access-date=May 8, 2022}}

;Articles and book reviews

• {{Cite journal|last=Kavanaugh|first=Brett|date=1989|title=Note: Defense Presence and Participation: A Procedural Minimum for Batson v. Kentucky Hearings|url=https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=7241&context=ylj|journal=Yale Law Journal|volume=99|pages=187–207|doi=10.2307/796727|jstor=796727}}{{Cite web |last=Breuninger |first=Dan Mangan, Kevin |date=June 8, 2022 |title=Armed man who sought to kill Brett Kavanaugh arrested near Supreme Court justice's home |url=https://www.cnbc.com/2022/06/08/armed-man-arrested-outside-brett-kavanaughs-home-after-threatening-supreme-court-justice.html |access-date=June 8, 2022 |website=CNBC|language=en}}
• {{Cite journal|last=Kavanaugh|first=Brett|date=1997–1998|title=The President and the Independent Counsel|url=https://www.justsecurity.org/wp-content/uploads/2018/06/BrettMKavanaughThePreside.pdf|journal=The Georgetown Law Journal|volume=86|pages=2133–2178}}
• {{Cite journal|last=Kavanaugh|first=Brett|date=2009|title=Separation of Powers During the Forty-Fourth Presidency and Beyond|url=https://www.minnesotalawreview.org/wp-content/uploads/2012/01/Kavanaugh_MLR.pdf|journal=Minnesota Law Review|volume=93|pages=1454–1484}} A video of the lecture is available at the [http://www.startribune.com/watch-supreme-court-nominee-brett-kavanaugh-s-2008-speech-at-university-of-minnesota/488057311 Star Tribune].
• {{Cite journal|last=Kavanaugh|first=Brett|date=2014|title=Our Anchor for 225 Years and Counting: The Enduring Significance of the Precise Text of the Constitution|url=https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4554&context=ndlr|journal=Notre Dame Law Review|volume=89|pages=1907–1928}}
• {{Cite journal|last=Kavanaugh|first=Brett|date=2016|title=Fixing Statutory Interpretation. Book Review: Judging Statutes. By Robert A. Katzmann. New York, N.Y.: Oxford University Press. 2014. Pp. xi, 171. $24.95.|url=http://harvardlawreview.org/wp-content/uploads/2016/06/2118-2163-Online.pdf|journal=Harvard Law Review|volume=129|pages=2118–2163|jstor=44072361}}
• {{Cite journal|last=Kavanaugh|first=Brett|date=2016|title=One Government, Three Branches, Five Controversies: Separation of Powers Under Presidents Bush and Obama|url=https://law.marquette.edu/assets/marquette-lawyers/pdf/marquette-lawyer/2016-fall/2016-fall-p08.pdf|journal=Marquette Lawyer|volume=2016 (Fall)|pages=9–19}}
• {{Cite web |last=Kavanaugh|first=Brett|date=November 29, 2017|title=Congress and the President in Wartime: A review of David Barron's Waging War: The Clash Between Presidents and Congress, 1776 to ISIS (Simon & Schuster, 2016).|url=https://www.lawfaremedia.org/congress-and-president-wartime|url-status=live|archive-url=https://web.archive.org/web/20201121113153/https://www.lawfaremedia.org/congress-and-president-wartime|archive-date=November 21, 2020|access-date=November 21, 2020|website=Lawfare}}

;Op-eds

• {{Cite news|last=Kavanaugh|first=Brett|date=February 26, 1999|title=First Let Congress Do Its Job|page=A27|newspaper=The Washington Post|url=https://www.washingtonpost.com/archive/opinions/1999/02/26/first-let-congress-do-its-job/10b7fdfd-5a53-44fe-bed5-ac9dfc4ef048/|access-date=November 21, 2020}}
• {{Cite news|last=Kavanaugh|first=Brett|date=July 1, 1999|title=We All Supported Kenneth Starr|page=A28|newspaper=The Washington Post|url=https://www.washingtonpost.com/archive/opinions/1999/07/01/we-all-supported-kenneth-starr/baa7d6c1-be3d-4217-baee-8a025e87dc34/|url-status=live|access-date=November 21, 2020|archive-url=https://web.archive.org/web/20201121093625/https://www.washingtonpost.com/archive/opinions/1999/07/01/we-all-supported-kenneth-starr/baa7d6c1-be3d-4217-baee-8a025e87dc34/|archive-date=November 21, 2020}}
• {{Cite news|last1=Kavanaugh|first1=Brett|date=November 15, 1999|title=To Us, Starr Is an American Hero|page=A23|newspaper=The Washington Post|url=https://www.washingtonpost.com/wp-srv/WPcap/1999-11/15/023r-111599-idx.html|url-status=live|access-date=November 21, 2020|archive-url=https://web.archive.org/web/20201121111742/https://www.washingtonpost.com/wp-srv/WPcap/1999-11/15/023r-111599-idx.html|archive-date=November 21, 2020|last2=Bittman|first2=Robert J.|last3=Wisenberg|first3=Solomon L.|author-link3=Solomon L. Wisenberg}}
• {{Cite news|last=Kavanaugh|first=Brett|date=August 1, 1999|title=Letter to the Editor: Starr Report|page=2 (Section 7)|work=The New York Times|url=https://www.nytimes.com/1999/08/01/books/l-starr-report-739197.html|url-status=live|access-date=November 21, 2020|archive-url=https://web.archive.org/web/20201121094726/https://www.nytimes.com/1999/08/01/books/l-starr-report-739197.html|archive-date=November 21, 2020}}
• {{Cite news|last1=Kavanaugh|first1=Brett|date=August 31, 1999|title=Indictment of an Ex-President?|page=A12|newspaper=The Washington Post|url=https://www.washingtonpost.com/archive/opinions/1999/08/31/indictment-of-an-ex-president/d35ee73b-5d51-4c40-8e24-0636183da235/|url-status=live|access-date=November 21, 2020|archive-url=https://web.archive.org/web/20201106055244/https://www.justsecurity.org/wp-content/uploads/2018/07/Brett-Kavanaugh-Indictment-of-an-Ex-President-Washington-Post-1999.pdf|archive-date=November 6, 2020|last2=Bittman|first2=Robert J.}}
• {{Cite news|last=Kavanaugh|first=Brett|date=September 27, 1999|title=Are Hawaiians Indians? The Justice Department Thinks So|page=A35|work=The Wall Street Journal|url=https://www.wsj.com/articles/SB938365458335869648|access-date=November 21, 2020}}

;Speeches and symposia

• {{Cite journal|last1=Kavanaugh|first1=Brett|date=2012|title=A Dialogue with Federal Judges on the Role of History in Interpretation|url=https://www.gwlr.org/wp-content/uploads/2018/04/80-Geo.-Wash.-L.-Rev.-1889.pdf|journal=The George Washington International Law Review|volume=80|pages=1889–1922|first6=Jeffrey S.|author-link6=Jeffrey Sutton|author-link5=Reena Raggi|author-link4=Charles F. Lettow|author-link3=Frank H. Easterbrook|first7=Diane P.|last7=Wood|last4=Lettow|last6=Sutton|first5=Reena|last5=Raggi|first4=Charles F.|first3=Frank H.|last3=Easterbrook|first2=Amanda L.|last2=Tyler|author-link7=Diane Wood}}
• {{Cite journal|last=Kavanaugh|first=Brett|date=2014|title=The Courts and the Administrative State (2013 Sumner Canary Memorial Lecture)|url=https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4554&context=ndlr|journal=Case Western Reserve Law Review|volume=64|pages=711–731|issue=3}} A video of the lecture is available on [https://www.youtube.com/watch?v=mJRwdcRE7fg YouTube].
• {{Cite journal|last=Kavanaugh|first=Brett|date=2017|title=Keynote Address: Two Challenges for the Judge as Umpire: Statutory Ambiguity and Constitutional Exceptions|url=https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4733&context=ndlr|journal=Notre Dame Law Review|volume=92|pages=1907–1920}}
• {{Cite journal|last=Kavanaugh|first=Brett|date=2016|title=The Judge as Umpire: Ten Principles|url=https://scholarship.law.edu/cgi/viewcontent.cgi?article=3383&context=lawreview|journal=Catholic University Law Review|volume=65|pages=683–692}} A video of the lecture is available on [https://www.youtube.com/watch?v=SXKX_whwVzs YouTube].
• {{Cite book|last=Kavanaugh|first=Brett|url=https://www.aei.org/wp-content/uploads/2017/12/From-the-Bench.pdf|title=From the Bench: The Constitutional Statesmanship of Chief Justice William Rehnquist (2017 Walter Berns Constitution Day Lecture)|publisher=American Enterprise Institute|year=2017|archive-url=https://web.archive.org/web/20201112011155/https://www.aei.org/wp-content/uploads/2017/12/From-the-Bench.pdf|archive-date=November 12, 2020}} A video of the lecture is available on [https://www.youtube.com/watch?v=2_8Hv4Mes_c YouTube].

;Books

• {{Cite book|last=Kavanaugh|first=Brett M.|title=The Law of Judicial Precedent|publisher=Thomson West|year=2016|isbn=978-0-314-63420-7|editor-last=Garner|editor-first=Bryan A.|location=St. Paul}} Brett Kavanaugh is one of thirteen co-authors (including Neil Gorsuch) of the treatise. The chapters are not written separately by the authors.{{Cite journal|last1=Watfordy|first1=Paul J.|last2=Chen|first2=Richard C.|last3=Basile|first3=Marco|date=2017|title=Book Review: Craftung Precedent: The Law of Judicial Precedent. By Bryan A. Garner et al. St. Paul, Minn.: Thomson Reuters. 2016. Pp. xxvi, 910. $49.95.|url=https://harvardlawreview.org/wp-content/uploads/2017/12/543-580_Online.pdf|journal=Harvard Law Review|volume=131|pages=543–580|archive-url=https://web.archive.org/web/20201101103022/https://harvardlawreview.org/wp-content/uploads/2017/12/543-580_Online.pdf|archive-date=November 1, 2020}}

• Donald Trump Supreme Court candidates
• Donald Trump judicial appointment controversies
• George W. Bush Supreme Court candidates
• List of law clerks of the Supreme Court of the United States (Seat 1)
• List of justices of the Supreme Court of the United States

{{reflist|colwidth=30em}}

• United States Senate Committee on the Judiciary, [https://www.congress.gov/108/chrg/shrg24853/CHRG-108shrg24853.pdf "Conformation [sic] Hearing on the Nomination of Brett M. Kavanaugh to be Circuit Judge for the District of Columbia Circuit: Hearing"], 108th Cong., 2nd Sess. April 27, 2004. Washington: U.S. GPO, 2006. iii, 159 p.; 24 cm. Serial No. J-108-69. S.Hrg. 108–878
• ———, [https://www.congress.gov/109/chrg/shrg27916/CHRG-109shrg27916.pdf "Confirmation Hearing on the Nomination of Brett Kavanaugh to be Circuit Judge for the District of Columbia Circuit: Hearing"], 109th Cong., 2nd Sess. May 9, 2006. Washington: U.S. GPO, 2006. iii, 103 p.; 24 cm. Serial No. J-109-73. S.Hrg. 109–435
• ———, [https://www.judiciary.senate.gov/imo/media/doc/Brett%20M.%20Kavanaugh%20SJQ%20(PUBLIC).pdf "Questionnaire for the Nominee to the Supreme Court of Brett Michael Kavanaugh"], 115th Cong., 2nd Sess. July 2018
• Congressional Research Service Report R45269, [https://fas.org/sgp/crs/misc/R45269.pdf "Judicial Opinions of Judge Brett M. Kavanaugh"], Coordinated by Michael John Garcia (2018)
• Congressional Research Service Report R45293, [https://fas.org/sgp/crs/misc/R45293.pdf "Judge Brett M. Kavanaugh: His Jurisprudence and Potential Impact on the Supreme Court"], Coordinated by Andrew Nolan and Caitlain Devereaux Lewis (2018)

{{commons category|Brett Michael Kavanaugh}}

{{wikiquote}}

• {{FJC Bio|nid=1392406}}
• {{C-SPAN}}
• {{Ballotpedia|Brett_Kavanaugh|Brett Kavanaugh}}
• [https://www.oyez.org/advocates/brett_m_kavanaugh Appearances at the U.S. Supreme Court] from the Oyez Project
• [https://www.loc.gov/law/find/kavanaugh.php Selected Resources on Brett M. Kavanaugh] from the Law Library of Congress
• [https://georgewbush-whitehouse.archives.gov/infocus/judicialnominees/kavanaugh.html Biography] from the Bush White House
• [https://web.archive.org/web/20060112175839/http://www.usdoj.gov/olp/kavanaughresume.htm Resumé] from the Justice Department's Office of Legal Policy
• {{PolitiFact}}
• [https://fedsoc.org/contributors/brett-kavanaugh Contributor profile] from the Federalist Society
• [https://www.archives.gov/research/investigations/kavanaugh Brett Kavanaugh Attorney Work Files] for Independent Counsel Kenneth W. Starr from the National Archives and Records Administration
• [https://web.archive.org/web/20180822113837/https://www.georgewbushlibrary.smu.edu/Research/Digital-Library/BrettMKavanaughRecords Records on Brett M. Kavanaugh] from the George W. Bush Presidential Center
• [https://www.judiciary.senate.gov/nominations/supreme/pn2259-115 Nomination documents] from the United States Senate Committee on the Judiciary
• {{cite web|url=https://www.c-span.org/video/?451895-1/judge-kavanaugh-professor-blasey-ford-testify-sexual-assault-allegations|title=Judge Brett Kavanaugh & Professor Christine Blasey Ford Testify|publisher=C-SPAN|access-date=September 27, 2018}}
• [https://www.judiciary.senate.gov/imo/media/doc/2018-11-02%20Kavanaugh%20Report.pdf Report on Investigation] by the Senate Judiciary Committee

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