# Can Democrats actually stop the nomination of Brett Kavanaugh?

**URL:** <https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733>\
**Category:** Politics & Elections\
**Created:** [September 4, 2018, 12:49pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733 "2018-09-04T12:49:41Z")\
**Posts on this page:** 20\
**Page:** 205

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [September 27, 2018, 5:01pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4081 "2018-09-27T17:01:52Z")

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It is refreshing to have input from an utterly non-partisan and objective source like RealClear, as compared to the failing New York Times or the lying sumbitchs at Washington Post.

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**Author:** ![Thing\_Fish](https://avatars.discourse-cdn.com/v4/letter/t/ecb155/32.png) [@Thing\_Fish](https://boards.straightdope.com/u/Thing_Fish)\
**Post date:** [September 27, 2018, 5:02pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4082 "2018-09-27T17:02:59Z")

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[3 GOP Governors call for delay in confirmation vote.](https://www.politico.com/story/2018/09/27/kavanaugh-governors-847804)

Not a good sign for Team Rapey.

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**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\
**Post date:** [September 27, 2018, 5:03pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4083 "2018-09-27T17:03:11Z")

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> [@Thing\_Fish](#):
>
> [American Psychological Association statement on the unreliability of polygraph tests.](http://www.apa.org/research/action/polygraph.aspx)

But the public, the voters, believes they mean something and it seems that both Ford and Kavanaugh do.

Mitchell is trying to undermine that (agreed mistaken) belief but instead she is just reinforcing to the casually informed who watches lots of television procedurals that she was willing to take one, took it under difficult circumstances, and passed it, while Kavanaugh has been unwilling to take one.

She’d have been better off moving along.

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**Author:** ![monstro](https://avatars.discourse-cdn.com/v4/letter/m/ba9def/32.png) [@monstro](https://boards.straightdope.com/u/monstro)\
**Post date:** [September 27, 2018, 5:03pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4084 "2018-09-27T17:03:59Z")

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> [@Shodan](#):
>
> Do you have a cite for Kavanaugh saying that polygraph results should be used as evidence in trials?
> 
> Thanks in advance.
> 
> Regards,  
> Shodan

I am on a mobile device so I cannot link (very easily). Google “Kavanaugh opinion Kathryn Sack v. United States Department of Defense.”

Sent from my SPH-L710 using Tapatalk

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**Author:** ![Thing\_Fish](https://avatars.discourse-cdn.com/v4/letter/t/ecb155/32.png) [@Thing\_Fish](https://boards.straightdope.com/u/Thing_Fish)\
**Post date:** [September 27, 2018, 5:04pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4085 "2018-09-27T17:04:33Z")

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Agreed on all points, DSeid.

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**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\
**Post date:** [September 27, 2018, 5:04pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4086 "2018-09-27T17:04:37Z")

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> [@AK84](#):
>
> Just keep in mind that the purpose in cross examination is to elicit things which can be used for your own case theory. In real life people stick to their stories on cross, they don’t have tearful breakdowns admiting to lies. Certainly they have material if they need cover for wavering Senators of the GOP persuasion.

So what is the theory that Mitchell will present?

And how will it sell in this venue?

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [September 27, 2018, 5:09pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4087 "2018-09-27T17:09:02Z")

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> [@Thing\_Fish](#):
>
> Here:

To be fair, it’s unusual for Trump to blame other people for his own failures. He has the best, the very best, failures!!

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**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\
**Post date:** [September 27, 2018, 5:09pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4088 "2018-09-27T17:09:37Z")

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Couple quick thoughts, as someone who has sat through hundreds of depositions:

Mitchell, the attorney, is being fair. But she’s just gathering facts at this point (and doing it an odd way with only 5mins of questioning). Generally, the “nasty” “bad” questions come at the end. Not saying she’ll do that, but that’s when I’d expect them. Regardless, she’s probing Ford and then the Senators can later use any discrepancies she uncovers (and there have been a few, but minor ones), Mitchell is not going to use them as ammunition during the hearing (unless she does it at the end).

Ford is credible. She has to be 100% certain it was Kavanaugh and she is.

We need to wait for Kavanaugh to testify. He could be equally credible.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 27, 2018, 5:12pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4089 "2018-09-27T17:12:43Z")

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Apparently (according to the live-tweeting I’m following), Lindsey Graham just said the following with a straight face, even though the Senate refused to subpoena additional witnesses who might provide more information:

“unless something new comes forward, you have just an emotional accusation and an emotional denial without corroboration."

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**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\
**Post date:** [September 27, 2018, 5:13pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4090 "2018-09-27T17:13:03Z")

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> [@wolfpup](#):
>
> Ah, the old “the victim was a slut” gambit. And at the age of 15, too. Good to see your side keeping it classy.

It’s even worse than that. A huge chunk of that article is referencing photos of girls at Ford’s high school behaving in less than ladylike manners. Photos that Ford wasn’t even in.

I’m trying to remember who it was in this thread who wanted to do away with this guilt by association nonsense. Who was that?

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**Author:** ![Steophan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steophan/32/9595_2.png) [@Steophan](https://boards.straightdope.com/u/Steophan)\
**Post date:** [September 27, 2018, 5:13pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4091 "2018-09-27T17:13:45Z")

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> [@Evil\_Economist](#):
>
> Given the choice between two right-wing Supreme Court justices, I’ll take the one who isn’t a rapist, thanks.

Kavanaugh is not even accused of rape.

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**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\
**Post date:** [September 27, 2018, 5:16pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4092 "2018-09-27T17:16:22Z")

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> [@Steophan](#):
>
> Kavanaugh is not even accused of rape.

Are you one of the 54% of Republicans who thinks it doesn’t matter to the confirmation vote if Kavanaugh attempted to rape Dr. Ford?

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**Author:** ![scr4](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@scr4](https://boards.straightdope.com/u/scr4)\
**Post date:** [September 27, 2018, 5:17pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4093 "2018-09-27T17:17:39Z")

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Interesting thought from the FiveThirtyEight [live blog](https://fivethirtyeight.com/live-blog/brett-kavanaugh-hearing/)

> [@](#):
>
> CHADWICK MATLIN1:06 PM  
> Radical q: With primaries over and Kavanaugh’s popularity already dropping, do vulnerable GOP senators WANT to cast a no vote, as a way to shore themselves against charges of sexism?
> 
> NATHANIEL RAKICH1:08 PM  
> Chad, I think that could be true. In fact, I wouldn’t put it past Mitch McConnell to engineer something like so: Put on a firm public face in favor of Kavanaugh to appease Trump and the GOP base, but then let him fail spectacularly in a floor vote, allowing people like Dean Heller (the most vulnerable Republican up this year) to vote against him and shore up their credentials with women and independents. Then Trump nominates a scandal-free nominee and that person is fast-tracked through.

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**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\
**Post date:** [September 27, 2018, 5:19pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4094 "2018-09-27T17:19:35Z")

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All of this thinking that it’s over and Kavanaugh is not going to be confirmed is way too soon. No reason to think he won’t be confirmed. One story versus another. No way to be sure.

Let’s hear how he does.

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**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\
**Post date:** [September 27, 2018, 5:22pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4095 "2018-09-27T17:22:08Z")

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Couple of new perspectives heard on CNN:

- if Kavanaugh is confirmed notwithstanding the evidence, a Democratic Congress could impeach him based on what’s been presented

- if Kavanaugh is rejected, even his present job as circuit judge could be in jeopardy (and should be, IMHO)

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**Author:** ![Lance\_Turbo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lance_turbo/32/6156_2.png) [@Lance\_Turbo](https://boards.straightdope.com/u/Lance_Turbo)\
**Post date:** [September 27, 2018, 5:24pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4096 "2018-09-27T17:24:28Z")

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Here’s a [link](https://www.predictit.org/Browse/Group/39/Supreme-Court) to all the Supreme Court markets on PredictIt.

These have been super swingy all morning so I’m reluctant to comment on it because things could change by the time I hit submit.

Snapshot:

Collins 65-35 No  
Murkowski 70-30 No  
Flake 59-41 No  
Paul(!) 55-45 No

Corker 54-46 Yes  
Capito(!) 53-47 Yes

Bottom line:

Will Brett Kavanaugh be the next confirmed Supreme Court justice? 61-39 No

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [September 27, 2018, 5:25pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4097 "2018-09-27T17:25:14Z")

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> [@DSeid](#):
>
> So what is the theory that Mitchell will present?
> 
> And how will it sell in this venue?

She seems to have attacked Prof Ford on two main lines

1. Inconsistencies in her testimony
2. Collusion with Democrats  
I would say she certainly has gotten material for the wavering Senators if they are inclined to use them. She clearly has not gone in for a hard cross, which she could have by my count about 4 times, so she obviously been instructed to avoid that.

Biggest thing she elicited, the fact that Prof Ford named her friend, who is on record saying she does not remember and the fact that her house was a fairly long way away from the club so presumably she would have been driven, and that is a gap.

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**Author:** ![El\_Kabong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/el_kabong/32/496_2.png) [@El\_Kabong](https://boards.straightdope.com/u/El_Kabong)\
**Post date:** [September 27, 2018, 5:27pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4098 "2018-09-27T17:27:56Z")

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> [@Steophan](#):
>
> Kavanaugh is not even accused of rape.

Correct, he’s accused of trying but failing to rape. Huge difference.

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [September 27, 2018, 5:29pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4099 "2018-09-27T17:29:38Z")

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> [@CoolHandCox](#):
>
> All of this thinking that it’s over and Kavanaugh is not going to be confirmed is way too soon. No reason to think he won’t be confirmed. One story versus another. No way to be sure.
> 
> Let’s hear how he does.

My experience in trials is if you go first and are not certain if victory at half time, then you are certainly going to lose.  
Kavanaugh still has to talk. Wait until that is done. Then we’ll have a better idea.

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**Author:** ![Ashtura](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ashtura/32/2963_2.png) [@Ashtura](https://boards.straightdope.com/u/Ashtura)\
**Post date:** [September 27, 2018, 5:29pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4100 "2018-09-27T17:29:57Z")

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> [@CoolHandCox](#):
>
> Couple quick thoughts, as someone who has sat through hundreds of depositions:
> 
> Mitchell, the attorney, is being fair. But she’s just gathering facts at this point (and doing it an odd way with only 5mins of questioning). Generally, the “nasty” “bad” questions come at the end. Not saying she’ll do that, but that’s when I’d expect them. Regardless, she’s probing Ford and then the Senators can later use any discrepancies she uncovers (and there have been a few, but minor ones), Mitchell is not going to use them as ammunition during the hearing (unless she does it at the end).
> 
> Ford is credible. She has to be 100% certain it was Kavanaugh and she is.
> 
> We need to wait for Kavanaugh to testify. He could be equally credible.

Agreed. Look, what I think is happening is this. Mitchell’s gathering information, asking good common-sense questions some of which I would not have thought of.

I don’t think she’s going for a “gotcha Bitch!” Perry Mason moment with Ford. I don’t think that would be productive or even possible.

I am frankly more interested to see how hard she goes after Kavenaugh. She hasn’t thrown any hardballs at Ford, and may not, but I expect her to get pointed with Kavenaugh.

I think at the end of the day, as soon as this is over or soon thereafter, Mitchell is going to provide her professional opinion to the Republicans on the judiciary how much merit each side has, and they’ll make a decision on what to do based on that.

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