Brett Kavanaugh has most opposition of any SCOTUS pick in decades, poll says

Critics have questions Mr Kavanaugh's position on reproductive rights

Brett Kavanaugh (Getty Images)

Donald Trump’s US Supreme Court pick, Brett Kavanaugh, has the smallest margin of public support – and highest level of opposition – than any SCOTUS nominee in decades, a new poll has found.

According to findings from a Gallup news poll, 41 per cent of Americans said they wanted Mr Kavanaugh to be confirmed in the Senate, compared to 37 per cent who opposed his nomination. Apparently, the four per cent margin of support is the slimmest margin Gallup has recorded for Supreme Court picks in decades.

Gallup conducted the survey earlier this month, days after Mr Trump announced Mr Kavanaugh as his Supreme Court pick. Justice Anthony Kennedy announced his retirement from the nation's highest court last month.

To compare findings, Gallup analysed surveys covering past public responses to Supreme Court nominees that had been primarily recorded days following a nominee’s announcement, and dating back to 1987. Gallup noted, however, that public responses to Supreme Court nominee, Robert Bork, in 1987 were recorded nearly two months after former President Ronald Reagan nominated him. The Gallup poll did not include polling results for Justice Stephen G Breyer who was nominated by former President Bill Clinton.

Nonetheless, Mr Kavanaugh had the least amount of support considering the slim margin of support and opposition to his nomination. On average, prior nominees garnered 49 per cent support and 26 per cent opposition – averaging a 23 percentage margin of support.

What’s more, Gallup noted that while partisanship has always played a factor in public response to Supreme Court nominations, the 67 per cent of Democrats that oppose Mr Kavanaugh is reportedly the highest level of opposition from any opposing political party. For comparison, Gallup recorded that 57 percent of Democrats opposed Mr Trump’s prior nominee, now Justice Neil Gorsuch.

A number of Democratic senators have since publicly announced their fierce opposition to Mr Kavanaugh with concern the high court will be given a conservative push.

Along with public concern over Mr Kavanaugh’s stance on reproductive rights, New York Senator Chuck Schumer has joined a chorus of those who have questioned whether the Supreme Court nominee believes a sitting president could be indicted. Mr Schumer has accused Mr Trump of choosing Mr Kavanaugh for this reason, citing a law review article Mr Kavanaugh wrote in 2009, and special counsel Robert Mueller’s ongoing probe into the 2016 election.

“The ramifications of this battle will last a generation or more,” Mr Schumer said earlier this month. “I’m going to fight this nomination with everything I’ve got.”