Rand Paul announces he'll support Brett Kavanaugh
WASHINGTON — Republican Sen. Rand Paul, who had publicly wavered as to whether he would support Supreme Court nominee Brett Kavanaugh, says he has decided to endorse him, despite misgivings about the judge's views on surveillance and privacy issues. Few had expected Paul would oppose President Donald Trump's choice in the end.
Paul tweeted to announce his support Monday, writing, "After meeting Judge Kavanaugh and reviewing his record, I have decided to support his nomination. No one will ever completely agree with a nominee (unless of course, you are the nominee). Each nominee however, must be judged on the totality of their views character and opinions."
He acknowledged that he had expressed some concern about Kavanaugh's record on the National Security Agency's warrantless wiretapping program and added in another tweet, "In reviewing his record on other privacy cases like Jones, and through my conversation with him, I have hope that in light of the new precedent in Carpenter v. United States, Judge Kavanaugh will be more open to a Fourth Amendment that protects digital records and property."
Paul said that his conversation with Kavanaugh Tuesday convinced him that he would evaluate Supreme Court cases "from a textual and originalist point of view."
"I believe he will carefully adhere to the Constitution and will take his job to protect the individual seriously," Paul tweeted. He also praised Kavanaugh's record on property rights and views on due process, war powers and separation of powers, as well has his "strong defenses" of the First and Second Amendments.
The endorsement gives Kavanaugh a boost as he prepares to sit down Monday afternoon with Sen. Joe Manchin of West Virginia, one of a handful of Democratic senators seen as potential swing votes in the confirmation fight. Manchin is the first Democratic senator to meet with Kavanaugh.
Manchin has said he's interested in Kavanaugh's views on the Affordable Care Act and its protections for people with pre-existing conditions. The senator has also asked West Virginia residents to send him questions for the meeting.
Manchin was one of three Democrats who voted to confirm Trump's first Supreme Court nominee, Neil Gorsuch. Sens. Joe Donnelly of Indiana and Heidi Heitkamp of North Dakota were the others. All three are up for re-election in states Trump easily won in 2016.
Republicans have a narrow 51-49 majority in the Senate. With the absence of Sen. John McCain, R-Ariz., who is fighting brain cancer, they cannot afford to lose a single Republican vote if all Democrats vote "no."
Paul had let Trump know he preferred other potential Supreme Court nominees he viewed as more conservative. He had expressed concern over Kavanaugh's record on warrantless bulk collection of data and how that might apply to important privacy cases.
He also said his vote doesn't hinge on any one issue. "I believe he will carefully adhere to the Constitution and will take his job to protect individual liberty seriously," Paul said.
CBS News' John Nolen contributed to this report.