# 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:** 21

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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 8, 2018, 3:47pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/401 "2018-09-08T15:47:42Z")

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> [@](#):
>
> I can’t believe that all the protesters dressed as Handmaids haven’t worked yet. It sure seems like that would do the trick.

Snarky, substance-free one liners? Wherever did you pick up such an unseemly habit?

Gloat while you can. Tick tock.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [September 8, 2018, 3:50pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/402 "2018-09-08T15:50:47Z")

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> [@Lance\_Turbo](#):
>
> It’s 100% certain that he lied in previous confirmation hearings.

That kind of thing can get.a person disbarred.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [September 8, 2018, 3:54pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/403 "2018-09-08T15:54:21Z")

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> [@Bricker](#):
>
> So this site, in your mind (a site that just happens to be festooned with liberals) is for discussing the morality of actions . . . which morality is informed by liberal thought. And by not sharing in this self-congratulatory exercise in mutual self-gratification, I am cheating myself?
> 
> BWAHAHAHAHA!!
> 
> Um…yeah, ok then. I guess I am cheated by my own hand. Woe is me.

BWAHAHAHAHA! Guess I’ve won the argument now.

The argument is that, if you’re going to say something is right or wrong, you need to back it up. If you won’t back up your claim, that suggests that you know your reasoning won’t hold up to scrutiny.

Morals are not a special case. Either your morals are consistent and follow from your moral foundations, or they don’t.

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**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [September 8, 2018, 3:57pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/404 "2018-09-08T15:57:39Z")

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> [@BigT](#):
>
> … They don’t have free reign to make whatever rules they want. …

Nitpick: free _rein_.

> [@](#):
>
> …They don’t get to make up any rules they want–only rules that follow what is stated in the Constitution itself. …

It’s okay when Republicans do it.

> [@](#):
>
> …Otherwise we have tyranny.

One guy’s tyranny is another guy’s \*bidness as ushall. \*

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 8, 2018, 4:17pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/405 "2018-09-08T16:17:47Z")

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> [@elucidator](#):
>
> Snarky, substance-free one liners? Wherever did you pick up such an unseemly habit?
> 
> Gloat while you can. Tick tock.

…  
…  
Spartacus.

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**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\
**Post date:** [September 8, 2018, 5:09pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/406 "2018-09-08T17:09:56Z")

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> [@iiandyiiii](#):
>
> The money thing doesn’t seem as compelling to me as the possibility he lied in testimony a decade ago.

> [@Fiveyearlurker](#):
>
> Or that he trafficked in stolen documents literally ([yes, literally)](https://www.nytimes.com/2018/09/06/us/politics/kavanaugh-hearing-confirmation.html) labeled “spying”.

> [@Lance\_Turbo](#):
>
> It’s 100% certain that he lied in previous confirmation hearings.

I’d really like some discussion of this. It appears he lied then. It also appears he has lied several times now. Are there actual repercussions for this beyond the Senate (ha, hee, hoo) calling him a lying snake and throwing him out?

What could happen? Is anything mandated to happen?

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [September 8, 2018, 5:34pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/407 "2018-09-08T17:34:54Z")

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> [@UltraVires](#):
>
> What about Senators who put a giant poster up of a sick 8 year old and asks Kavanaugh how he (basically) would kill the kid if he keeps voting the way he does. That is outrageous and does not deserve a polite reply.

Nah, if you can get worked up about something like that, then you don’t have the temperament to deal with some of our nations most fundmental issues.

> [@](#):
>
> I agree that a nominee should answer questions, even very tough questions, but the use of props like this by a senator who has already said that he intends to vote against the nominee, is outrageous and should be given the same respect that was in the spirit in which it was asked.

By someone who would rather act like a child than act as someone who is interviewing for one of the most powerful positions in the world, sure.

> [@](#):
>
> He also has to sit there while over 200 coordinated and paid for attacks against him are violating the law by interrupting his responses and from the answer in the other thread are punished by the handsome sum of a $35 fine. Many senators have said that this is a wonderful example of freedom of speech!

coordinated and paid for…?

> [@](#):
>
> What special “self control” is required by the constitution that a Supreme Court nominee should have to endure a circus?

The kind that I would like to see in office. People can get themselves worked up over stuff, or they can exercise their own agency and ability to regulate their emotions. I’d rather have someone who would not act like a child on the supreme court, YMMV.

For instance, Trump has the kind of self control that you are seeming to prefer to have in office. That’s not working out too well.

> [@Bricker](#):
>
> …  
> …  
> Spartacus.

Is it the perjury that Kabvanaugh has committed that makes you so proud, or that your ilk will be overlooking the perjury in order to confirm an activist judge who will vote in your favor?

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**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\
**Post date:** [September 8, 2018, 6:56pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/408 "2018-09-08T18:56:01Z")

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For all his neutrality, Kavanaugh was one of the biggest proponents of [the conspiracy that the Clintons murdered someone,](https://www.nytimes.com/2018/09/05/opinion/why-was-kavanaugh-obsessed-with-vince-foster.html) and reportedly called Hillary Clinton a [bitch](https://www.nbcnews.com/think/opinion/i-knew-brett-kavanaugh-during-his-years-republican-operative-don-ncna907391). But he’s neutral and not biased.

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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 8, 2018, 7:13pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/409 "2018-09-08T19:13:24Z")

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> [@BigT](#):
>
> You are conveniently leaving out the most important part.
> 
> THE SENATE RULES CANNOT VIOLATE THE CONSTITUTION. They don’t have free reign to make whatever rules they want.
> 
> And the actual Constitution says, and a I quote: **“[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint […] Judges of the supreme Court”** The Senate must give its advice and consent.
> 
> It is required by the Constitution itself, that the Senate advise and attempt to form consensus on the appointment. McConnell abrogated his duty to the Constitution by ignoring this.
> 
> I mean, by your logic, the Senate could make a rule that said that, I dunno, the senators from Arkansas count as a majority and their votes always win.
> 
> They don’t get to make up any rules they want–only rules that follow what is stated in the Constitution itself. Otherwise we have tyranny.

You’re right! I can’t believe that both Obama and Garland were so stupid that they didn’t ever read the relevant part of the constitution, thereby knowing they could take this to the SCOTUS and win. And they’re both supposed to be constitutional scholars. I guess we can thank McConnell for saving the nation from these constitutional know-nothings!

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**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\
**Post date:** [September 8, 2018, 7:41pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/410 "2018-09-08T19:41:09Z")

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> [@Sunny\_Daze](#):
>
> I’d really like some discussion of this. It appears he lied then. It also appears he has lied several times now. Are there actual repercussions for this beyond the Senate (ha, hee, hoo) calling him a lying snake and throwing him out?
> 
> What could happen? Is anything mandated to happen?

It doesn’t seem like he lied IMO.

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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 8, 2018, 7:49pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/411 "2018-09-08T19:49:22Z")

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I don’t know if he lied, but his response to Kamala Harris’s questions about the DC law firm struck me as a very poor and obvious attempt at pretending he didn’t know what she was talking about.

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [September 8, 2018, 8:10pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/412 "2018-09-08T20:10:04Z")

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> [@Bone](#):
>
> It doesn’t seem like he lied IMO.

My understanding is that he claimed to not have had any insider knowledge on the democratic communications about Bush’s judicial picks during his first term when he testified in front of congress during his nomination hearings to a lower court.

My further understanding is that some of the documents that were “leaked” by democratic senators were emails specifically involving him discussing the inside information he had about the democratic communications.

No links, as this is what I have seen and heard on the news, but is this information not accurate?

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**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\
**Post date:** [September 8, 2018, 8:30pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/413 "2018-09-08T20:30:16Z")

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> [@k9bfriender](#):
>
> My understanding is that he claimed to not have had any insider knowledge on the democratic communications about Bush’s judicial picks during his first term when he testified in front of congress during his nomination hearings to a lower court.
> 
> My further understanding is that some of the documents that were “leaked” by democratic senators were emails specifically involving him discussing the inside information he had about the democratic communications.
> 
> No links, as this is what I have seen and heard on the news, but is this information not accurate?

It’s accurate. And as I mentioned above, the leaked communications clearly show that the information arrived in Kavanaugh’s inbox with the subject line “spying” just to avoid all subtlety.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 8, 2018, 8:45pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/414 "2018-09-08T20:45:52Z")

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> [@k9bfriender](#):
>
> Is it the perjury that Kabvanaugh has committed that makes you so proud, or that your ilk will be overlooking the perjury in order to confirm an activist judge who will vote in your favor?

Not perjury.

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<div class="post-metadata">

**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 8, 2018, 8:47pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/415 "2018-09-08T20:47:28Z")

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> [@iiandyiiii](#):
>
> I don’t know if he lied, but his response to Kamala Harris’s questions about the DC law firm struck me as a very poor and obvious attempt at pretending he didn’t know what she was talking about.

Why do you suppose she did not make clear what she was talking about?

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**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\
**Post date:** [September 8, 2018, 8:50pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/416 "2018-09-08T20:50:22Z")

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> [@BigT](#):
>
> You are conveniently leaving out the most important part.
> 
> THE SENATE RULES CANNOT VIOLATE THE CONSTITUTION. They don’t have free reign to make whatever rules they want.
> 
> And the actual Constitution says, and a I quote: **“[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint […] Judges of the supreme Court”** The Senate must give its advice and consent.
> 
> It is required by the Constitution itself, that the Senate advise and attempt to form consensus on the appointment. McConnell abrogated his duty to the Constitution by ignoring this.
> 
> I mean, by your logic, the Senate could make a rule that said that, I dunno, the senators from Arkansas count as a majority and their votes always win.
> 
> They don’t get to make up any rules they want–only rules that follow what is stated in the Constitution itself. Otherwise we have tyranny.

This is an incorrect reading of the Constitution, as you should know (since it’s been pointed out on the Board I believe multiple times).

The President is the only person who is mandated to do anything. The President shall nominate … [the President] shall appoint. In making his appointment, he must do so “by and with the Advice and Consent of the Senate”. There is no requirement that they offer any such advice or consent, unless you wish to assert that the Senate must somehow consent to any nomination made by the President? Of course not. So neither the Advice nor the Consent is mandated.

Was what the GOP leadership in the Senate did a naked political ploy to stymie President Obama? Yes. What is the punishment, if any? The people vote them out of office. Oh, wait, that didn’t happen (yet). Sucks to be someone who wanted that justice confirmed.

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<div class="post-metadata">

**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 8, 2018, 8:55pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/417 "2018-09-08T20:55:23Z")

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> [@Bricker](#):
>
> Why do you suppose she did not make clear what she was talking about?

No idea – maybe saving it for later, maybe she didn’t have proof, or a million other things. But his answer (especially the way he mouthed “Kaso…” like he’d never heard the name Kasowitz before) indicated to me that he was bullshitting.

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [September 8, 2018, 8:55pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/418 "2018-09-08T20:55:35Z")

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> [@Bricker](#):
>
> Not perjury.

Oh, what is the term for when you lie to congress during your confirmation hearings?

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<div class="post-metadata">

**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [September 8, 2018, 8:57pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/419 "2018-09-08T20:57:02Z")

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> [@iiandyiiii](#):
>
> No idea – maybe saving it for later, maybe she didn’t have proof, or a million other things. But his answer (especially the way he mouthed “Kaso…” like he’d never heard the name Kasowitz before) indicated to me that he was bullshitting.

There was also an interesting catch in his voice at that time, I only hear that from people when they realize that they have been caught in a lie.

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<div class="post-metadata">

**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 8, 2018, 9:24pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/420 "2018-09-08T21:24:53Z")

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> [@iiandyiiii](#):
>
> No idea – maybe saving it for later, maybe she didn’t have proof, or a million other things. But his answer (especially the way he mouthed “Kaso…” like he’d never heard the name Kasowitz before) indicated to me that he was bullshitting.

So, there could be a million reasons why Harris did what she did, but only one reason why Kavanaugh did what he did? Seems rather lopsided.

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