To be successfully confirmed, Kavanaugh needs 51 votes in the Senate. Republicans currently hold a 51-49 majority, but Senator John McCain (R-Arizona) is battling brain cancer and is unlikely to be present for a vote. Vice President Mike Pence can break a tie, but even a single Republican breaking with the party would hold up the nomination, assuming the Democrats are unanimous in opposition.

Kavanaugh was on the shortlist of nominees along with Thomas Hardiman, Raymond Kethledge and Amy Coney Barrett.

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