The narrow confirmation of now-Justice Brett Kavanaugh over the weekend marked a major political victory for President Trump - and the beginning of a new battle for Democrats, who are now shifting their message to threaten possible impeachment against the newest high court justice and question the legitimacy of the Supreme Court itself.
After a grueling confirmation fight that included graphic sexual misconduct allegations which the nominee denied, Kavanaugh was confirmed Saturday on 50-48 vote.
Senior Political Analyst Brit Hume joined Fox News Radio's Guy Benson and Marie Harf to
On what kind of justice Kavanaugh will be: Well, he's a judicial conservative, which is really quite different from being a political conservative. The two overlap in some areas. A judicial conservative is a judge who is hesitant to overturn precedent, except when its howlingly clear and is also hesitant to create major new precedents much of the time. (00:58)
On the argument that the nastiness of confirmation process radicalized Kavanaugh: I think you can argue that flat or you can argue that round, but I mean he could go on the court and decide I'm going to get these guys. They came after me. They will get no sympathy from me. The other way is he will want to show to them that he can be fair even on issues of vital concern to them. My view is that he will be the same kind of judge that he was on the appellate court. (3:28)
On kinds of issues Supreme Court will tackle: Just looking at it from a Kavanaugh point of view, I think issues that will come before the Supreme Court there will be some that will have to do with the extent and the reach of the administrative state. (6:11)
On the landscape before midterms: You just have to remember about the House, and I keep harping on this, all that the out party, in this case the Democrats, need is the average number of pickups that an out party gets in a president's first term. The average gives them control of the House. (8:45)
On Democratic momentum before the midterms: There was plenty of work to do on the Democratic side. I don't think there's any doubt this is going to be a tough election for the Republicans. The only question is how tough? (13:00)