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Kavanaugh to hear his 1st arguments as Supreme Court justice
Legal Focuses | 2018/10/09 00:37

A Supreme Court with a new conservative majority takes the bench as Brett Kavanaugh, narrowly confirmed after a bitter Senate battle, joins his new colleagues to hear his first arguments as a justice.

Kavanaugh will emerge Tuesday morning from behind the courtroom's red velvet curtains and take his seat alongside his eight colleagues. It will be a moment that conservatives have dreamed of for decades, with five solidly conservative justices on the bench.

Kavanaugh's predecessor, Justice Anthony Kennedy, who retired in June, was a more moderate conservative and sometimes sided with the court's four liberal justices. Kavanaugh, in contrast, is expected to be a more decidedly conservative vote, tilting the court right for decades and leaving Chief Justice John Roberts as the justice closest to the ideological middle.

With justices seated by seniority, President Donald Trump's two appointees will flank the Supreme Court bench, Justice Neil Gorsuch at one end and Kavanaugh at the other. Court watchers will be looking to see whether the new justice asks questions at arguments and, if so, what he asks. There will also be those looking for any lingering signs of Kavanaugh's heated, partisan confirmation fight. But the justices, who often highlight their efforts to work together as a collegial body, are likely to focus on the cases before them.

Republicans had hoped to confirm Kavanaugh in time for him to join the court on Oct. 1, the start of the new term. Instead, the former D.C. Circuit judge missed the first week of arguments as the Senate considered an allegation that he had sexually assaulted a woman in high school, an allegation he adamantly denied.

Kavanaugh was confirmed 50-48 Saturday, the closest vote to confirm a justice since 1881, and has had a busy three days since then. On Saturday evening, Kavanaugh took his oaths of office in a private ceremony at the Supreme Court while protesters chanted outside the court building.


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