The Polls Aren't Kind to Kavanaugh, So?

Federal judges are not supposed to be chosen by popular vote, but that doesn't stop the pollsters.

And according to several polls, Brett Kavanaugh is not the people's choice for the U.S. Supreme Court. That will not likely stop President Trump from applauding his pick, however.

In the end, it all comes down to numbers in the Senate, not in the polls. Still, here's a look at why Kavanaugh is the most unpopular Supreme Court nominee in three decades.

Poll Results

Fox News reported first that 32 percent of its respondents would vote against Kavanaugh. It was the worst result since George W. Bush, who withdrew his nominee of Harriet Miers in 2005.

After the Fox News report, Gallup released its poll with 37 percent saying they would vote down Kavanaugh. Other than Miers, only Robert Bork fared so poorly.

The Pew Research Center followed up with its count of 36 percent against the president's nominee. That was the lowest rating of the past eight Supreme Court nominees.

Then CNN issued the lastest, reporting that Kavanaugh was the least popular High Court nominee in 30 years. "That's gotta sting," said Above the Law.

Actual Results

In case you forgot, John Roberts also had poor popularity numbers at the time of his nomination. Of course, that didn't end his ascendancy.

On the other hand, pollsters and analysts see a cloudier future for Kavanaugh. Nathaniel Rakich, with FiveThirtyEight, says it's probably not his fault, but Kavanaugh is dragging down the numbers.

"You may be sensing a pattern," Rakich wrote. "It's not a huge sample size, but in the last few decades at least, Supreme Court nominees as unpopular as Kavanaugh have never been successfully confirmed."

All that doesn't change 51-49, however. That's the head count of Republicans and Democrats in the Senate.

Related Resources:

• Kavanaugh Confirmation Battle Starts Early (FindLaw's Supreme Court Blog)
• Watch 'RBG' Documentary on CNN This Labor Day Weekend (FindLaw's Supreme Court Blog)
• United States Supreme Court Cases (FindLaw's Cases & Codes)