Rand Paul announces support for Kavanaugh

Rand Paul announces support for Kavanaugh
© Greg Nash

GOP Sen. Rand PaulRandal (Rand) Howard PaulGOP braces for Trump's emergency declaration Senate approves border bill that prevents shutdown Senate confirms Trump pick William Barr as new attorney general MORE (Ky.) on Monday said that he will support President TrumpDonald John TrumpBill Kristol resurfaces video of Pence calling Obama executive action on immigration a 'profound mistake' ACLU says planned national emergency declaration is 'clear abuse of presidential power' O'Rourke says he'd 'absolutely' take down border wall near El Paso if he could MORE's Supreme Court nominee Brett Kavanaugh.

“After meeting Judge Kavanaugh and reviewing his record, I have decided to support his nomination,” Paul said in a statement.

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He added that while no one will “ever completely agree with a nominee,” they “must be judged on the totality of their views, character, and opinions.”

Paul, who previously described himself as “honestly undecided,” has remained tight-lipped since his meeting with Kavanaugh last week, which lasted for more than an hour.

But a person familiar with the discussions previously told The Hill that Paul raised concerns about Kavanaugh as Trump was weighing who to select to succeed Justice Anthony Kennedy. 

And Paul was widely considered a potential swing vote because of his positions on the Fourth Amendment, which established the constitutional right to privacy.

“I have expressed my concern over Judge Kavanaugh’s record on warrantless bulk collection of data and how that might apply to very important privacy cases before the Supreme Court,” Paul said on Monday. 

He added he hoped Kavanaugh would be “more open” to protections on digital records and property in the wake of a Supreme Court ruling that found, in most cases, law enforcement has to obtain a warrant in order to search and seize long-term cell phone records that would show a person’s location.  

“Of course, my vote is not a single-issue vote, and much of my reading and conversation has been in trying to figure out exactly how good Judge Kavanaugh will be on other issues before the Court,” Paul added. 

Democrats had also hoped that Kavanaugh's work in the Bush administration could be used to sway Paul, who has previously broken with his parties on issues like surveillance and torture. 

But senators in both parties were skeptical that Paul would ultimately be willing to buck Trump, whom he has worked to cultivate a relationship with, and cast the deciding vote against his Supreme Court pick.

Sen. Dick DurbinRichard (Dick) Joseph DurbinGOP advances rules change to speed up confirmation of Trump nominees GOP leader presses Trump to agree to border deal Trump divides Democrats with warning of creeping socialism MORE (D-Ill.) called Paul a “perennial tease.”

“They get a lot of press attention but rarely, if ever, will break from their party,” Durbin told The Hill when asked about the chances that Paul would vote against Kavanaugh.

Trump thanked Paul in a tweet early Monday evening, saying the senator’s affirmative vote “means a lot to me, and to everyone who loves our Country!”

The president and the Kentucky senator have had a friendly relationship of late, with Paul defending Trump against criticism for his meeting with Russian President Vladimir Putin.

Paul had previously threatened to vote against Mike PompeoMichael (Mike) Richard PompeoOvernight Defense: Trump to sign funding deal, declare national emergency | Shanahan says allies will be consulted on Afghanistan | Dem demands Khashoggi documents Senate confirms Trump pick William Barr as new attorney general Top Dem demands State Department documents on Khashoggi killing MORE's secretary of State nomination before reversing course minutes before the Senate Foreign Relations Committee was scheduled to hold a vote.

With Paul's decision to support Kavanaugh, the already uphill path for Democrats to block his nomination gets even narrower.

Republicans nixed the 60-vote procedural threshold for Supreme Court nominees last year, meaning Democrats can't stop Trump's pick on their own.

Republicans have a 51-49 advantage in the Upper Chamber, but it is unknown if ailing Sen. John McCainJohn Sidney McCainMark Kelly's campaign raises over M in days after launching Senate bid The Hill's 12:30 Report — Presented by Kidney Care Partners — Lawmakers wait for Trump's next move on border deal Mark Kelly launches Senate bid in Arizona MORE (R-Ariz.) would be able to make a vote, meaning if all the Democrats vote against confirmation, they would need at least one Republican to join them to block Kavanaugh.

Democratic leadership is hoping to replicate the strategy they used last year to successfully block ObamaCare repeal legislation by keeping their caucus united and focusing on one or two GOP senators. With Paul supporting Kavanaugh, the pressure will intensify on GOP Sens. Susan CollinsSusan Margaret CollinsGOP braces for Trump's emergency declaration DOJ warns White House that national emergency will likely be blocked: report On The Money: Trump to sign border deal, declare emergency to build wall | Senate passes funding bill, House to follow | Dems promise challenge to emergency declaration MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiGOP braces for Trump's emergency declaration GOP advances rules change to speed up confirmation of Trump nominees Senate votes to extend key funding mechanism for parks MORE (Alaska). 

But Democrats could face challenges in keeping their own caucus united.

Three Democrats vulnerable in the midterms — Sens. Joe ManchinJoseph (Joe) ManchinSenate confirms Trump pick William Barr as new attorney general GOP wants to pit Ocasio-Cortez against Democrats in the Senate Senate poised to confirm Trump’s attorney general pick MORE (D-W.Va.), Joe DonnellyJoseph (Joe) Simon DonnellyOvernight Energy: Trump taps ex-oil lobbyist Bernhardt to lead Interior | Bernhardt slams Obama officials for agency's ethics issues | Head of major green group steps down Trump picks ex-oil lobbyist David Bernhardt for Interior secretary EPA's Wheeler faces grilling over rule rollbacks MORE (Ind.) and Heidi HeitkampMary (Heidi) Kathryn HeitkampOvernight Energy: Trump taps ex-oil lobbyist Bernhardt to lead Interior | Bernhardt slams Obama officials for agency's ethics issues | Head of major green group steps down Trump picks ex-oil lobbyist David Bernhardt for Interior secretary On The Money: Shutdown Day 27 | Trump fires back at Pelosi by canceling her foreign travel | Dems blast 'petty' move | Trump also cancels delegation to Davos | House votes to disapprove of Trump lifting Russia sanction MORE (N.D.) — previously voted for Neil Gorsuch, Trump's first Supreme Court nominee. 

Manchin is scheduled to meet with Kavanaugh on Monday afternoon, marking his first known meeting with a Democratic senator.

—Updated at 6:58 p.m.