WASHINGTON, DC - SEPTEMBER 06:  White House Counsel Don McGahn (R) listens as Supreme Court nominee Judge Brett Kavanaugh testifies during the third day of his confirmation hearing before the Senate Judiciary Committee on Capitol Hill September 6, 2018 in Washington, DC. Kavanaugh was nominated by President Donald Trump to fill the vacancy on the court left by retiring Associate Justice Anthony Kennedy.  (Photo by Chip Somodevilla/Getty Images)