Capito said on "Talkline" she should have said presidential election.
Judge Kavanaugh's nomination is heavily opposed and there have been protests even before his nomination.
"What I want is somebody who is well versed in the law, who's fair, who's a smart lawyer and a good judge".
The official spoke on condition of anonymity to describe internal discussions.
Kyl, a former member of Republican leadership, served on the Senate Judiciary Committee before retiring in 2013.
Kavanaugh is a longtime fixture of the Republican legal establishment.
Kennedy announced his retirement two weeks ago, citing a desire to spend more time with his family. "This is an opportunity for senators to put partisanship aside and consider his legal qualifications with the fairness, respect and seriousness that a Supreme Court nomination ought to command".
What are the implications of Kavanaugh's nomination?
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The judge indicated that on the high court he would faithfully interpret the Constitution as it is written, providing an unsurprising nod to originalism. In the case decided Monday that had to do with attorneys' fees, there would be no majority if Kavanaugh were to withdraw.
Mike Sacks, a reporter for the Fox television affiliate in NY and a self-described lapsed lawyer, was among the first to make the connection on Twitter.
Other Democratic senators issued fiery press releases. Sen. All three joined with Republicans in confirming Justice Gorsuch.
Neutrality, of course, is the trait that most unnerves President Trump. "He will make a superb Justice of the Supreme Court of the United States".
Baby abandoned near Lolo Hot Springs recovering
In total, the sheriff's office estimates authorities spent more than six hours searching for the baby early Sunday morning. According to investigators, that's when Crowley told them the baby was "possibly buried" somewhere in the mountains.
Prior to being tapped by Trump, some conservatives questioned Kavanaugh's bona fides, and he's controversial with Democrats because of his role in the Starr investigation of Clinton.
Capito said she does not think the court will overturn the ruling.
His record of public service includes a stint in the George W Bush administration and teaching law at Harvard Law School.
Trump announced his choice with a prime-time address from the White House East Room.
With Republicans controlling the Senate by a narrow margin, GOP leaders are gearing up for a grinding Supreme Court nomination fight.
On the other side, Republicans will pressure Democrats in Trump-supporting states and who are in electoral contests during the mid-term elections to break from the party and vote for confirmation. He works for Washington-based lobbying firm Covington & Burling. Trump picked him anyway.
Each of the nine justices serves a lifetime appointment.
Relishing the guessing game beyond the White House gates, Trump had little to say about his choice before the announcement.
The Democratic senator is up for re-election this year in a state Trump won in 2016.
Aside from the legal matters where it is expected to be the final word, its importance has been enhanced by its as arbiter in the culture wars - national divisions about race, religion, gender and sexual equality, immigration, and the death penalty.
Trump then introduced Kavanaugh, gesturing to this right, where a heavy wooden door swung open and Kavanaugh, his wife and two young daughters took the stage next to Trump.
The campaign is set to launch "as soon as the nominee is announced", according to Judicial Crisis Network. But word he'd picked Gorsuch leaked out shortly before the reveal. Joe Donnelly, West Virginia Sen.
Kavanaugh, 53, is likely to sit on the bench for decades and make crucial decisions on issues of abortion, gay rights, gun rights, healthcare and immigration. "Every one. You can't go wrong". Trump told reporters on Sunday that he is "very close to making a decision" and all four people on the list are "excellent".
Updated today, July 9, 2018, at 9:19 p.m. with new information throughout.
"Judge Kavanaugh has sterling academic credentials".