Second, clear and simple: the confirmation process timeline.
Democrats are hoping that the two moderate Republicans will help block Kavanaugh's confirmation, but the chances of that happening are slim.
The political impact of the court debate is messier. Democrats, who at this point are looking for any and all opportunities to extend the process as they attempt to rally a significant grassroots burst of opposition to the pick, certainly would be pleased by that development. Now, as a political fight ensues over the pick, healthcare could be one of the issues at the forefront for Democrats, according to The Hill. In that event, a few Democrats will probably break ranks and support the nominee in order to enhance their re-election prospects.
In addition to working in the White House Counsel's office under Bush, Kavanaugh also worked for independent counsel Kenneth Starr's investigation into the death of Clinton aide Vince Foster and the Monica Lewinsky probe that led to President Bill Clinton's impeachment.
Already, both sides have poured money into the battle.
Manchin's opponent in November is his state's Republican attorney general, Patrick Morrisey, who is one of the officials who filed the suit against the health law. The conservative Koch network has committed at least another $1 million. The group Demand Justice is conducting a reported $5 million push, while NARAL Pro-Choice America has taken out full-page ads in ME newspapers highlighting the issue.
Women's rights groups raised the alarm across several key states that access to abortion was at stake.
Also speaking in the media teleconference, Clarke highlighted the Supreme Court' landmark 1973 Roe v. Wade ruling that legalised abortion in the US.
But Kavanaugh's record complicates the Democrats' initial desire to focus exclusively on abortion rights.
If confirmed by the Senate, Kavanaugh would help cement a rightward tilt on America's top court, potentially shaping many aspects of United States society for decades to come, including women's access to abortions.
The abortion issue is of particular importance this year, when women have emerged as the driving force in the Democratic Party. But the 42% who said that abortion should be legal in all or most cases overwhelmingly voted for Doug Jones - at 81%.
For Republicans, Kavanaugh represents the culmination of a decadeslong effort to tilt the balance of the country's highest court. "So top nominees are credentialed at a young age in the same way to get them on the list later", he said.
Remember: This is precisely what McConnell flagged for Trump as a potential problem with Kavanaugh's nomination: Never that he wasn't qualified, but that his extensive time in government service, and the documents that come with it, cannot only lead to possible surprises and also give Democrats grounds - legitimate or not - to delay consideration of the nomination. "This is the only way Democrats maintain the ability to take back Congress".
As of Tuesday night, more than 200 students, staff members and alumni of Yale Law School signed an open letter calling for the institution to rescind its apparent support of Kavanaugh.
"Any messaging is fine for now". Different considerations go into academic writing than go into judicial opinions and we often see legal academics take positions that they may never think reasonable under the constraints of deciding a case. He's well-educated. And with that, you know, we have to just look at making sure that the rule of law and the Constitution is going to be followed, and that's going to basically preempt anything else he does. Steve Peoples has covered national politics for the AP for seven years.