President Trump's nomination of Brett Kavanaugh to fill the seat of Justice Anthony Kennedy comes just 120 days before the 2018 midterm election.

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Data: U.S. Senate, Supreme Court; Chart: Kerrie Vila/Axios

The big picture: There have been five other cases since 1950 when seats have opened within 150 days of a midterm election. In three of them, the nomination process was completed before the election (David Souter, Antonin Scalia, Arthur Goldberg). In the remaining two instances, both under President Eisenhower, the nomination was delayed until after the election (Potter Stewart, John Marshall Harlan II).

Why it matters: Mitch McConnell, who stalled Merrick Garland’s nomination to replace Antonin Scalia because it was close to a presidential election, has promised that Kavanaugh's confirmation hearings and vote will take place before November.

The bottom line: Democrats are looking for ways to block or delay the nomination, but they don't have the votes to do it as long Republicans stick together.

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Updated 9 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 9:45 p.m. ET: 19,282,972 — Total deaths: 718,851 — Total recoveries — 11,671,491Map.
  2. U.S.: Total confirmed cases as of 9:45 p.m. ET: 4,937,441 — Total deaths: 161,248 — Total recoveries: 1,623,870 — Total tests: 60,415,558Map.
  3. Politics: Trump says he's prepared to sign executive orders on coronavirus aid.
  4. Education: Cuomo says all New York schools can reopen for in-person learning.
  5. Public health: Surgeon general urges flu shots to prevent "double whammy" with coronavirus — Massachusetts pauses reopening after uptick in coronavirus cases.
  6. World: Africa records over 1 million coronavirus cases — Gates Foundation puts $150 million behind coronavirus vaccine production.

Warren and Clinton to speak on same night of Democratic convention

(Photos: Abdulhamid Hosbas/Anadolu Agency via Getty Images, Sean Rayford/Getty Images)

Sen. Elizabeth Warren and Hillary Clinton both are slated to speak on the Wednesday of the Democratic convention — Aug. 19 — four sources familiar with the planning told Axios.

Why it matters: That's the same night Joe Biden's running mate (to be revealed next week) will address the nation. Clinton and Warren represent two of the most influential wise-women of Democratic politics with the potential to turn out millions of establishment and progressive voters in November.

Trump considering order on pre-existing condition protections, which already exist

Photo: Jim Watson/AFP via Getty Images

President Trump announced on Friday he will pursue an executive order requiring insurance companies to cover pre-existing conditions, something that is already law.

Why it matters: The Affordable Care Act already requires insurers to cover pre-existing conditions. The Trump administration is currently arguing in a case before the Supreme Court to strike down that very law — including its pre-existing condition protections.