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07/10/2018 07:57 AM EDT


By Nolan D. McCaskill (nmccaskill@politico.com or @NolanDMcCaskill)

TRUMP NOMINATES BRETT KAVANAUGH TO SUPREME COURT -- Let the confirmation battle begin. President Donald Trump announced Brett Kavanaugh as his pick to replace retiring Supreme Court Justice Anthony Kennedy on Monday night. Kavanaugh, 53, a former Kennedy clerk and George W. Bush aide, has served on the U.S. Court of Appeals for the D.C. Circuit since 2006. He also worked for independent counsel Kenneth Starr, helping write a controversial report following an investigation into President Bill Clinton. "[Kavanaugh] has the traditional resume of a Supreme Court Justice -- a Yale law degree, a Supreme Court clerkship under Kennedy, more than a decade on the Circuit Court -- and he is
well-regarded in academic and political circles," Matthew Nussbaum reports. More: http://go.politicoemail.com/?qs=f5f1a04577d59aca7a4e553b6f6b875a4ddf7cf785b070c1626f806189583248f45f142777ea03acff7c3e5f8526a464

But his nomination is not without complications. It comes with an extensive paper trail that could slow the confirmation process as Republicans look to confirm him by Oct. 1. And Senate Majority Leader Mitch McConnell (R-Ky.), who will meet with Kavanaugh and Vice President Mike Pence this morning, will be tasked with getting Kavanaugh confirmed with a slim 50-49 majority, as Sen. John McCain (R-Ariz.) recovers from cancer treatment at home. "The Kentucky Republican is simultaneously engaged in a brutal fight for control of the Senate that will be animated by the Supreme Court battle inside the chamber," Burgess and Elana add.

"If the nomination of the next Supreme Court justice fails before the election, Republicans risk losing control of the chamber to Democrats and allowing Senate Minority Leader Chuck Schumer to take over the confirmation process," they continue. "That increases the need for Republicans to move quickly -- and for Democrats to do everything they can to pick apart Trump's nominee." Schumer (D-N.Y.) and Senate Democrats on the Judiciary Committee will hold a news conference this morning in front of the Supreme Court to talk about women's reproductive rights and health care protections for Americans in the wake of Kavanaugh's nomination, which Schumer and other Democrats have already vowed to
oppose. More: http://go.politicoemail.com/?qs=f5f1a04577d59acad11a426d439ec2568dc20ce57f00cb7e709ffda8df9a2ba47fba44c1f930ddee81f130d4d2a0a252

Related: "Kavanaugh paper chase threatens to draw out confirmation battle," by Josh Gerstein: http://go.politicoemail.com/?qs=8773a227e9d9374e6b06b268e4d3f4ea7bfaca807d5c50ed4b1a77a38df67d0be71b9e315a6f8f0f7b35c5092f1b24f0 "Brett Kavanaugh's track record," from POLITICO: http://go.politicoemail.com/?qs=8773a227e9d9374eba481198888b03a0beab0dbe575e5860f1704a879cd47bd81535fd95e522efdf5773bd9977ee4e82 and "How a private meeting with Kennedy helped Trump get to 'yes' on Kavanaugh," via Christopher Cadelago, Nancy Cook and Andrew Restuccia: http://go.politicoemail.com/?qs=f5f1a04577d59aca25c7dff614e8de5fe8cf42ab7c04308c6c92d1c0acefec5ceb0691d51064d8fd9399ec7d77800b45

THE SWING VOTES -- Kavanaugh's fate will likely come down to a handful of senators. Moderate Republican Sens. Susan Collins (Maine) and Lisa Murkowski (Alaska) will face pressure from the left to protect abortion rights by opposing the nomination. Meanwhile, red-state Democrats who supported Neil Gorsuch last year -- Sens. Joe Manchin (W.Va.), Joe Donnelly (Ind.) and Heidi Heitkamp -- will be prime targets for the right.

Unlike some of their colleagues, the aforementioned senators refrained from taking a position Monday night. Donnelly simply said he would "carefully review and consider" Kavanaugh's record and qualifications. Heitkamp similarly said she would "thoroughly review and vet his record to provide advice and consent for filling this vacancy." "I have no doubt that many members of Congress and outside groups will announce how they stand on the nominee before doing their due diligence and instead just take a partisan stance--but that isn't how I work," Heitkamp added.

Manchin pointed to Obamacare as a deciding factor in how he will vote. "Kavanaugh has faced criticism from some on the right for an opinion that ... aligned with the reasoning behind Chief Justice John Roberts' ultimate decision to uphold the constitutionality of a health care law maligned by many conservatives," Elana reports. "But top Democrats and party activists view Kavanaugh as "hostile to Obamacare." Sen. Rand Paul (R-Ky.) has also expressed concerns about Kavanaugh's role in the Bush administration but pledged to review his record with an "open mind." More: http://go.politicoemail.com/?qs=f5f1a04577d59aca10f506470e51ffc2a575559c12399c7616cd723d87a0f2d85991e95aaafb13574bff6b657f4650ef

Related read: "Airwaves about to get nasty as Supreme Court fight gets underway," per Marianne Levine: http://go.politicoemail.com/?qs=48f26f2634adba04884cd19ea5db9a6bd5bdf6996dd8614f3f85eeb3daf26b187802c6a81f53a87ec279b8c894b6035d

GOOD MORNING! Thanks for reading Huddle, the play-by-play guide to all things Capitol Hill, on this Tuesday, July 10.

** A message from Farm Credit: Hear from our Heroes - As veterans transition from military service to agriculture, they need partners they can rely on. From financial support to marketing initiatives like the Homegrown by Heroes program, Farm Credit proudly supports our veterans all across the country. Learn more at http://go.politicoemail.com/?qs=8773a227e9d9374e827a6013a9c7eb32258e9628ea4f106b0d5aba30d9f042fb08b05b152cfcc63b60f193270cdcc880 **

MONDAY'S MOST CLICKED: The Washington Post's report on the crowd of protesters who confronted Senate Majority Leader Mitch McConnell (R-Ky.) outside a restaurant over the weekend was the winner.

SCALISE, CONSERVATIVES DEFEND JORDAN -- House Majority Whip Steve Scalise (R-La.) defended House Freedom Caucus co-founder Jim Jordan (R-Ohio) against allegations that he turned a blind eye to sexual abuse decades ago when he coached wrestling at Ohio State. "I have always known Jim Jordan to be honest, and I'm confident he would stand up for his athletes, just like he's always stood up for what's right," Scalise said in a statement, making him the first GOP leader to publicly back Jordan.

"Scalise once faced a similar politically precarious situation," Rachael notes, referring to a speech he once gave to a white supremacist group. "Scalise maintained that he did not know the mission of the group as he delivered a speech about fiscal policy" and "was helped when GOP leaders backed him, saying he has never held any racist views." Jordan has denied knowledge of the alleged sexual abuse wrestlers endured from team doctor Richard Strauss. Both Jordan and Scalise are potential contenders to succeed Paul Ryan (R-Wis.) as speaker, though Majority Leader Kevin McCarthy (R-Calif.) is favored to win the post if Republicans retain control of the chamber. More:
http://go.politicoemail.com/?qs=48f26f2634adba0496239695d58ecd015a4381f760ad23141850b26456023ce691841ff5a762997e39ffc6c12be87a36

Seven members of the Freedom Caucus also released statements of support Monday. The lawmakers defended Jordan as a man of integrity, with some going so far as to suggest that former wrestlers are engaged in a smear campaign against the Ohio Republican. "The timing of these allegations, coming 13 years after the doctor died, combined with the questionable background of the accusers, and involving the counsel for the DNC, makes one thing clear: these are mere political statements intended to smear a good man," Rep. Paul Gosar (R-Ariz.) said. Additional statements: http://go.politicoemail.com/?qs=48f26f2634adba046a62194701452385c19b748c9b4bdd8bfc8657863269b5f87f70e48195b0cb52b2a95d3270a79869

Related: "Jim Jordan defender: Ohio State locker room talk included 'prepare to drop your pants,'" by USA Today's Christine Brennan: http://go.politicoemail.com/?qs=965610f465c77a6b54a1dfa3c05f15e2010368fc43a30180ad182e6f4356710a12bdb8d020ee36faa9504d499a6ff654 and "Former Ohio State wrestling coaches release statement supporting Jordan," from The Washington Post's Elise Viebeck: http://go.politicoemail.com/?qs=48f26f2634adba047edb7686553d6665f277414d829c91928ad4154ca0aa173ab6b34b5f40c1898b4ed9f0de10b12599

TIM RYAN MULLS PELOSI CHALLENGE -- In the wake of House Democratic Caucus Chairman Joe Crowley's (D-N.Y.) stunning defeat, Rep. Tim Ryan (D-Ohio) is weighing another challenge to House Minority Leader Nancy Pelosi (D-Calif.). "Ryan's potential reemergence is just one of the many machinations happening in the Democratic Caucus right now, as [Alexandria] Ocasio-Cortez's victory in New York underscores the growing unrest with Pelosi and the party's leadership," Heather reports. "Democrats return Tuesday for what's expected to be a chaotic three-week sprint as members consider how to move up or enter the leadership hierarchy following a flurry of phone calls gaming out strategies over the
weeklong holiday recess."

DCCC Chairman Ben Ray Luján (D-N.M.) has expressed interest in the whip post, while Reps. Linda Sánchez (D-Calif.) and Barbara Lee (D-Calif.) are eyeing replacing Crowley as caucus chair. Reps. Cheri Bustos (D-Ill.) and Hakeem Jeffries (D-N.Y.), meanwhile, were urged over the break to considering running for leadership. Other names that have been floated for leadership posts include Rep. Emanuel Cleaver (D-Mo.), Pete Aguilar (D-Calif.), Cedric Richmond (D-La.), Grace Meng (D-N.Y.), Adam Schiff (D-Calif.) and Katherine Clark (D-Mass.). Heather with more on the leadership positioning: http://go.politicoemail.com/?qs=48f26f2634adba0456f2d3e4db1ffa27f77c8a114934aac82321bb238e4814490deaf403a166ab74a069ee4a812f5a50

HOYER RETURNING TO THE HILL -- House Minority Whip Steny Hoyer (D-Md.), who was hospitalized last week for pneumonia, will return to Capitol Hill this week. "Mr. Hoyer went home from the hospital this weekend," his spokeswoman, Katie Grant, said. "He thanks everyone for their well wishes and will be back on the Hill this week." Hoyer is expected to hold his weekly pen and pad briefing with reporters on Wednesday.

ON THE ROAD WITH CLAIRE MCCASKILL -- Missouri state Attorney General Josh Hawley's messaging "bugs the hell out of" Sen. Claire McCaskill (D-Mo.), whose race against the GOP recruit has gotten personal in recent weeks. In addition to sparring over issues like Obamacare, the Supreme Court and the president, McCaskill has fended off charges that she's an out-of-touch elitist while casting Hawley as a whippersnapper. McCaskill makes no apologies for her family's wealth. She says her husband worked hard and created thousands of jobs in the process of becoming wealthy. The idea that marrying a wealthy man "transforms me into a different person," she says, is "total bullsh--."

Hawley accuses McCaskill of "pretending to be one of the people and then living completely differently." He says McCaskill is a "phony" who doesn't drive but relies heavily on her plane. "She owns a condo and a restaurant in Washington for heaven's sakes," he continues. Burgess writes from inside McCaskill's RV in rural Missouri that "[t]he gulf between their generations and parties, combined with the battleground status of Missouri, helps explain the growing antipathy between the two rivals. The 64-year-old McCaskill came up in a Democratic Party in Missouri that favored moderation; by contrast, the Republican Party that Hawley is navigating has steadily purged centrists from its ranks
over the past decade." Much more: http://go.politicoemail.com/?qs=48f26f2634adba04511916adfdd0ef08f23830f247ae09190091c85c3aa9cd275cd61d2c3674d013273f9281ee2848ff

WELCOME TO CONGRESS -- Michael Cloud (R-Texas) will be sworn in today as a representative of Texas' 27th Congressional District. He won a special election to replace disgraced former Rep. Blake Farenthold (R-Texas). "Cloud, a 43-year-old Republican from Victoria, will cast his first votes within minutes of being sworn in," the Austin American-Statesman's Maria Recio reports. "He will take over Farenthold's office in the Rayburn House Office Building and will move to reopen two district offices in Victoria and Corpus Christi." Cloud, who arrived in Washington, D.C., on Sunday, has been working out of his hotel room with his cellphone and laptop.

He says 40 to 50 family members and friends will attend his swearing-in. Cloud's to-do list includes hiring staffers, opening offices, setting up payroll and learning the ropes. He will receive his committee assignments sometime this week and plans to sleep in his office -- for now. He also has to get his official portrait taken and run a campaign to keep his seat. "His seat is up for election in November -- Cloud's fourth election this year," Recio adds. "He survived the March 6 GOP primary and a May runoff to decide the GOP nominee for the 27th District seat in November, and he won the June 30 special election after Farenthold's early exit." More:
http://go.politicoemail.com/?qs=48f26f2634adba0477704205e7c6b0983e5cd33527904636b6c54790b3edc735527bc9f471290f37192aee29b9301803

NRCC PULLS ENDORSEMENT -- The NRCC has pulled its support for New Jersey congressional candidate Seth Grossman following news that he had shared a post from a white supremacist website calling African-Americans a "threat to all who cross their paths." "Bigotry has no place in society -- let alone the U.S. House of Representatives," NRCC Chairman Steve Stivers (R-Ohio) said. "The people of New Jersey's 2nd District deserve an inclusive Republican candidate who will be a trusted conservative voice in Congress." Grossman last month said diversity was "a bunch of crap and un-American." His campaign said he doesn't intend to withdraw and didn't endorse what was said in the post. More:
http://go.politicoemail.com/?qs=8773a227e9d9374e98a7a8385df76aa69b2750001d4cdfb66e32302bf287ff80d33680f42c84e547819d0550991c7d07

TODAY IN CONGRESS -- The House gavels in at 12 p.m. with votes postponed until 6:30 p.m. Today's agenda: http://go.politicoemail.com/?qs=8773a227e9d9374e582276df4ae0a6b4eec5a5b1d961e68714c327bc4cee0befcc9a9c4099b9f9a234076e71d5672d46 The Senate meets at 10 a.m. to resume consideration of judicial nominee Mark Jeremy Bennett. At 2:15 p.m., the chamber will vote to confirm Bennett and hold a procedural vote on the nomination of Brian Allen Benczkowski to be an assistant attorney general.

AROUND THE HILL -- Sen. Dean Heller (R-Nev.) will deliver remarks at the 2018 Congressional Clean Energy Expo and Policy Forum at 9:35 a.m. in 2168 Rayburn.

Rep. Jim McGovern (D-Mass.) and others will hold a briefing on Bahrain's 2018 elections at 10 a.m. in 2255 Rayburn.

Vice President Mike Pence and Senate Majority Leader Mitch McConnell (R-Ky.) will meet with Supreme Court nominee Brett Kavanaugh at 11:15 a.m. inside the Capitol.

Sen. Chris Van Hollen (D-Md.) will deliver remarks at the 2018 Congressional Clean Energy Expo and Policy Forum at 11:45 a.m. in 2168 Rayburn.

Rep. Joaquin Castro (D-Texas) will hold a news conference to discuss the separation of immigrant children at 12 p.m. in the House Triangle.

Rep. Paul Tonko (D-N.Y.) will deliver remarks at the 2018 Congressional Clean Energy Expo and Policy Forum at 12 p.m. in 2168 Rayburn.

Sen. Jack Reed (D-R.I.) will deliver remarks at the 2018 Congressional Clean Energy Expo and Policy Forum at 12:15 p.m. in 2168 Rayburn.

Rep. Matt Cartwright (D-Pa.) will deliver remarks at the 2018 Congressional Clean Energy Expo and Policy Forum at 12:30 p.m. in 2168 Rayburn.

Senate Republican and Democratic leaders will hold separate press conferences after their weekly policy lunches starting around 2 p.m. in the Ohio Clock Corridor.

Rep. Peter Welch (D-Vt.) will deliver remarks at the 2018 Congressional Clean Energy Expo and Policy Forum at 3 p.m. in 2168 Rayburn.

Sens. Rand Paul (R-Ky.) and Sheldon Whitehouse (D-R.I.) and Reps. Hakeem Jeffries (D-N.Y.), Bobby Scott (D-Va.) and Doug Collins (R-Ga.) will hold a Families for Justice Reform Now rally to call for prison reform at 2 p.m. in the East Front of the Capitol.

MONDAY'S TRIVIA WINNER -- Thomas Walker was first to correctly guess that President Franklin Pierce had no Cabinet turnover during his administration.

TODAY'S TRIVIA -- From Thomas: Who was the first president to be born a citizen of the United States? The first person to correctly guess gets a mention in the next edition of Huddle. Send your best guess my way: nmccaskill@politico.com.

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Today, more than 20 million veterans live in the U.S.

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