If the Democrats have any chance at defeating the nomination of Judge Brett Kavanaugh to the U.S. Supreme Court, still a long shot at this point, one or more Republican senators are going to have to vote no. The names of Susan Collins of Maine and Lisa Murkowski of Alaska have been most mentioned, if only because they support abortion rights, and Kavanaugh is presumed to be opposed to such rights … if no other reason than the fact he was nominated by Donald Trump.
Shortly after the nomination was announced, Murkowski had this to say: “Let’s put it this way: There were some who have been on the list that I would have had a very, very difficult time supporting, just based on what was already publicly known about them. We’re not dealing with that.” Collins also sounded willing to listen: “It will be very difficult for anyone to argue that he’s not qualified for the job. He clearly is qualified for the job. But there are other issues involving judicial temperament and his political, or rather, his judicial philosophy that also will play into my decision.”
Neither Collins nor Murkowski is up for re-election this year. Both voted in favor of Neil Gorsuch’s confirmation to the Court last year. And both voted for Kavanaugh in 2006 when he was nominated by President George W. Bush to the D.C. Circuit. That doesn’t necessarily mean Collins and Murkowski are sure votes for Kavanaugh to become Anthony Kennedy’s successor, but that’s the guess here.
It’s rare that senators vote against their president’s Supreme Court pick, but that was not always the case. Here is a list of the Republican senators who voted against confirmation of Supreme Court hopefuls who were nominated by GOP presidents in the past half century. (NOTE: Names in italics indicate unsuccessful nomination.)
Year | President | Nominee | Vote | # of Republicans Voting No |
---|---|---|---|---|
1969 | Nixon | Warren Burger | 74-3 | 0 |
1969 | Nixon | Clement Haynsworth | 45-55 | 17 (Brooke, Case, Cooper, Goodell, Griffin, Hatfield, Javits, Jordan, Mathias, Miller, Packwood, Percy, Saxbe, Schweiker, Scott, Smith, Williams) |
1970 | Nixon | G. Harrold Carswell | 45-51 | 13 (Brooke, Case, Cook, Fong, Goodell, Hatfield, Javits, Mathias, Packwood, Percy, Prouty, Schweiker, Smith) |
1970 | Nixon | Harry Blackmun | 94-0 | 0 |
1971 | Nixon | Lewis Powell | 89-1 | 0 |
1971 | Nixon | William Rehnquist | 68-26 | 3 (Brooke, Case, Javits) |
1975 | Ford | John Paul Stevens | 98-0 | 0 |
1981 | Reagan | Sandra Day O’Connor | 99-0 | 0 |
1986 | Reagan | Rehnquist (for Chief Justice) | 65-33 | 2 (Mathias, Weicker) |
1986 | Reagan | Antonin Scalia | 98-0 | 0 |
1987 | Reagan | Robert Bork | 42-58 | 6 (Chafee, Packwood, Specter, Stafford, Warner, Weicker) |
1988 | Reagan | Anthony Kennedy | 97-0 | 0 |
1990 | George H.W. Bush | David Souter | 90-9 | 0 |
1991 | George H.W. Bush | Clarence Thomas | 52-48 | 2 (Jeffords, Packwood) |
2005 | George W. Bush | John Roberts (for Chief Justice) | 78-22 | 0 |
2006 | George W. Bush | Samuel Alito | 58-42 | 1 (Chafee) |
2017 | Donald Trump | Neil Gorsuch | 54-45 | 0 |