# 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:** 23

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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, 11:42pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/441 "2018-09-08T23:42:05Z")

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> [@iiandyiiii](#):
>
> Yes, I would decline. I couldn’t live with myself accepting any “honor” from Trump. If I did something amazing and he invited me to the WH for some award or something like that, I absolutely would not accept.

Wow. I agree with you on the latter. I wouldn’t accept in invite to the WH either. But there is a lot more involved than “honoring Trump” in being seated on the SCOTUS. The president has invited you to be in a position of power where you could be an effective bulwark against his most egregious actions, and you’d decline? I would think being such a bulwark would be an honor that would far outweigh any dishonor by being nominate by Trump. I’d consider it an incredible honor to have the opportunity to play him for a chump! But YMMV.

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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, 11:45pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/442 "2018-09-08T23:45:25Z")

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Hell, I’d just have the Supreme Gals over for tea once a week and ask them what I think.

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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 9, 2018, 12:00am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/443 "2018-09-09T00:00:32Z")

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> [@John\_Mace](#):
>
> Wow. I agree with you on the latter. I wouldn’t accept in invite to the WH either. But there is a lot more involved than “honoring Trump” in being seated on the SCOTUS. The president has invited you to be in a position of power where you could be an effective bulwark against his most egregious actions, and you’d decline? I would think being such a bulwark would be an honor that would far outweigh any dishonor by being nominate by Trump. I’d consider it an incredible honor to have the opportunity to play him for a chump! But YMMV.

If I were approached by trump to become a sitting SCOTUS, I would assume that somehow or other, he has plans on leveraging me through blackmail or intimidation.

It could also be that trump finally went in for surgery, had that brain tumor removed, and suddenly became an upstanding and noble figure of gallantry that we would all be proud to have as our president. If that were the reason that he reaches out to iiandyiiii to take up a SCOTUS seat, I would support that, and I think that iiandyiiii could find a way to accept it as well. As unlikely as that is, I find that to be a far more likely hypothetical than your hypothetical of trump nominating Garland or other non-partisan moderates or even those of a liberal lean.

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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 9, 2018, 12:10am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/444 "2018-09-09T00:10:42Z")

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> [@k9bfriender](#):
>
> If I were approached by trump to become a sitting SCOTUS, I would assume that somehow or other, he has plans on leveraging me through blackmail or intimidation.

Preet Bharara has said multiple times on his podcast that he believes that Trump was keeping him on, and inappropriately contacting him, feeling out whether he would be loyal . When he figured out that Bharara would not be pledging loyalty is when he was fired.

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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 9, 2018, 1:06am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/445 "2018-09-09T01:06:24Z")

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> [@Fiveyearlurker](#):
>
> Preet Bharara has said multiple times on his podcast that he believes that Trump was keeping him on, and inappropriately contacting him, feeling out whether he would be loyal . When he figured out that Bharara would not be pledging loyalty is when he was fired.

So it’s a good thing that Trump can’t fire a SC justice!!

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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 9, 2018, 1:19am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/446 "2018-09-09T01:19:19Z")

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This article by David Brock supports my suspicion about Kavanaugh’s personal character:

> **[Opinion | David Brock: The Brett Kavanaugh I knew shouldn't sit on the...](https://www.nbcnews.com/think/opinion/i-knew-brett-kavanaugh-during-his-years-republican-operative-don-ncna907391)**
>
> We were part of a close circle of cynical hard-right operatives being groomed for much bigger things.

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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 9, 2018, 1:40am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/447 "2018-09-09T01:40:16Z")

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If the Dems hit really hard on that _Roe_ issue and the gals come out in force, and the whole thing ends up in a massive electoral thrashing for the Forces of Darkness…

And then it turns out he never intended to do any such thing…

Well, that would be wrong. And I would not approve. Bad Dems, bad! Go lay down by your water dish!

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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 9, 2018, 3:40am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/448 "2018-09-09T03:40:28Z")

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> [@iiandyiiii](#):
>
> This article by David Brock supports my suspicion about Kavanaugh’s personal character:
> 
> [I knew Brett Kavanaugh during his years as a Republican operative. Don't let him sit on the Supreme Court.](https://www.nbcnews.com/think/opinion/i-knew-brett-kavanaugh-during-his-years-republican-operative-don-ncna907391)

I’d anyone that Trump nominated is tainted as you suggest, it doesn’t much matter his character. Any complaint about his particulars is hollow because you would seek to discredit any Trump nominee.

Similar to the Democratic senators trying to make something stick. It’s not persuasive because the criticisms are hollow.

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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 9, 2018, 5:09am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/449 "2018-09-09T05:09:29Z")

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Oh, so, none of those things are true, then? He represents and supports view that are as solidly mainstream and centrist as support from those paragons of bi-partisan compromise, the Federalist Society and Heritage? That is certainly reassuring! He did not, in fact, work to nominate and approve someone who’s extreme views on _Roe_ he currently disavows? So, those are views he never held or views he has evolved away from? Shouldn’t he be willing to tell us?

Large portions of his documents which might shed more light are not, actually, hidden from our view? Kagan and Sotomayor received essentially the same regard and treatment? And the treatment of Garland represents the very acme if bi-partisan respect and comity?

He did not, in fact, pursue the absurd charges against Hillary regarding Mr Foster? That didn’t happen, or its ok because he was operating in a partisan advocate role? OK, so when did he _stop_ beating Clinton’s wife?

Or yes, he did, but none of these things really matter because, well, what the heck! We are only saying they matter because of our own prejudgements? But you seem them clearly, and see that they are entirely _kosher_, and you wholeheartedly approve?

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**Author:** ![drad\_dog](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@drad\_dog](https://boards.straightdope.com/u/drad_dog)\
**Post date:** [September 9, 2018, 5:10am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/450 "2018-09-09T05:10:11Z")

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> [@Bone](#):
>
> I’d anyone that Trump nominated is tainted as you suggest, it doesn’t much matter his character. Any complaint about his particulars is hollow because you would seek to discredit any Trump nominee.
> 
> Similar to the Democratic senators trying to make something stick. It’s not persuasive because the criticisms are hollow.

I can’t see how you get through a hearing process in 2018 america without saying something about the president we have and that some of this stuff: acts, words and “aroma” (so far) needs to be commented on by normal people in public life for us not to just go no-truth at all and melt into the corruption. It’s incomprehensible that we should hire someone for the SCOTUS, who cannot say something about our damned country before we let him into our lives. And our country right now is the toxic mess of the man who nominated him. I’m not giving up the sanity of my country for the hypocritical sanctimony of lying republicans.

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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 9, 2018, 6:10am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/451 "2018-09-09T06:10:49Z")

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Kavananaugh knows Trump could randomly pick people off a list and they will get confirmed. They could dig up Robert Bork’s corpse that Trump used as a puppet and get confirmed.

I imagine he feels that if he did not accept, they could do much worse, and likely would. Would that outcome make you happy?

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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 9, 2018, 7:45am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/452 "2018-09-09T07:45:19Z")

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> [@iiandyiiii](#):
>
> This article by David Brock supports my suspicion about Kavanaugh’s personal character:
> 
> [I knew Brett Kavanaugh during his years as a Republican operative. Don't let him sit on the Supreme Court.](https://www.nbcnews.com/think/opinion/i-knew-brett-kavanaugh-during-his-years-republican-operative-don-ncna907391)

I would not be so eager to align myself with the self-proclaimed [“Breitpart of the left”](https://www.vanityfair.com/news/2017/01/david-brock-breitbart-interview-shareblue) but YMMV.

I realize he temptation to believe something that reenforces your preconceived ideas, but it’s those proclamations that one needs to resist the most.

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**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [September 9, 2018, 8:44am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/453 "2018-09-09T08:44:03Z")

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> [@John\_Mace](#):
>
> I would not be so eager to align myself with the self-proclaimed [“Breitpart of the left”](https://www.vanityfair.com/news/2017/01/david-brock-breitbart-interview-shareblue) but YMMV.

C’mon, **John**. From the second paragraph of your link:

> [@](#):
>
> “Breitbart is just the analogy. We’re not going to do what they do. We’re going to be an antidote to what they do,” he argued. “We’re going to use facts.”

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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 9, 2018, 12:01pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/454 "2018-09-09T12:01:27Z")

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> [@Bone](#):
>
> I’d anyone that Trump nominated is tainted as you suggest, it doesn’t much matter his character. Any complaint about his particulars is hollow because you would seek to discredit any Trump nominee.
> 
> Similar to the Democratic senators trying to make something stick. It’s not persuasive because the criticisms are hollow.

My character criticism was specifically because he accepted Trump’s nomination. If he turned down the nomination, then that would show a higher character, IMO, barring a few unusual circumstances discussed above.

Obviously different folks will feel differently about something as personal as character. But there’s nothing hollow or inconsistent about it.

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**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [September 9, 2018, 1:15pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/455 "2018-09-09T13:15:32Z")

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> [@Sherrerd](#):
>
> Septimus was quite correct in saying that Kavanaugh was NOT on Trump’s original list.
> 
> [Donald Trump's Supreme Court Pick Reflects GOP Mainstream | TIME](http://time.com/5334234/donald-trump-brett-kavanaugh-supreme-court-experts/)
> 
> Septimus was only “wrong” in the implication that there were 25 names on the original list (when there were 11). But in fact Kavanaugh wasn’t added to the original list until November 2017—_ **more than a year after the first list was released** _: …

septimis didn’t say anything about “original” list. That word wasn’t in his post. He just said “a list of 25 names” (which is not an accurate description of the “original” lost but it is an accurate description of the one I linked to). He was wrong and your lame attempt to defend him was also wrong.

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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 9, 2018, 3:02pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/456 "2018-09-09T15:02:35Z")

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So, what happened? There was Il Douche, poring over the list and reading the opinions, the published legal scholarship of each and every one…with an appropriate break to rest his lips…and gave it his official Okey-dokey. He probably signed it, he seems to love signing stuff…

But the Kav was not on it. A shining star of conservative legal scholarship, and he was overlooked. Why? And even more interesting, after a period of time, it appears his candidacy took on a new! improved! glow. Again, why? Did his views change, did he have a Come to Donald moment? Are any of his views remarkably different from any of the others?

Dark suspicion suggests that it might well have been his outstanding Constitutional scholarship on the question of Dear Leader’s legal vulnerabilities. I am told that his views on that are exceptionally brilliant, even _unique_! Perhaps it was the bold originality of his thought? Was this the one thing that made his name stand out?

If he was taking his first break from reading and thought “Hey, where’s the Kav-man? That leading light of conservative thought, he’s not on the list!”. Then, he could have just added it on the spot, couldn’t he? But he didn’t. Not until that black kettle of turd soup that is his legal troubles began to bubble and boil.

You probably have a really good explanation. Here’s your opportunity.

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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 9, 2018, 3:24pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/457 "2018-09-09T15:24:20Z")

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> [@RTFirefly](#):
>
> C’mon, **John**. From the second paragraph of your link:

Facts, like “black lives don’t matter much to Bernie Sanders”? Sorry, the guy has a history of playing fast and loose with the facts, and he can walk back that analogy all he wants, but he’s the one who who said it. He’s a well known [hatchet man](https://www.thenation.com/article/the-poisonous-politics-of-david-brock/), not a credible source.

And “he wasn’t on the first list” has got to be one of the silliest charges against him. If that is even in the top 100 reasons not to confirm him, then I think we can just give him his SCOTUS robes right now and be done with it.

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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 9, 2018, 3:54pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/458 "2018-09-09T15:54:01Z")

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> [@HurricaneDitka](#):
>
> septimis didn’t say anything about “original” list. That word wasn’t in his post. He just said “a list of 25 names” (which is not an accurate description of the “original” lost but it is an accurate description of the one I linked to). He was wrong and your lame attempt to defend him was also wrong.

Was Kavanaugh on the list that trump claimed he would pick from while he was on the campaign trail? If not, then I don’t understand how you can think that your defense of trump holds any water.

Septimus did make the mistake of saying 25, rather than 11, but in the context of his post, in where he talks about appeasing the right wing, that is obviously speaking of before the election, rather than over a year later, when Kennedy was rumored to be retiring, and the list was added to.

You voted for trump when he said he would pick his nominees from that list of 11. Then he broke his promise, and added a bunch more judges.

So, go ahead and nitpick septimus on the 11 vs 25, but on the timeline, he is entirely correct, and your defense of trump is entirely wrong.

> [@John Mace](#):
>
> And “he wasn’t on the first list” has got to be one of the silliest charges against him. If that is even in the top 100 reasons not to confirm him, then I think we can just give him his SCOTUS robes right now and be done with it.

Well, trump did do the unprecedented, and claimed to have already chosen who he would pick for and SCOTUS seats that opened up on his term. He chose to do that, he chose to make that a campaign promise, no one forced him to do that.

It is not that this disqualifies Kavanaugh, it is that trump supporters don’t seem to care in the slightest when he breaks and changes the promises that he made to them.

So, sure, less about Kavanaugh, and more about the character of the constant lies and deceit that comes from the man who put nominated him.

It just surprises me that trump supporters celebrate him for his dishonesty and go out of their way to defend his lies, as if that is a quality that they actually like in a president.

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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 9, 2018, 3:59pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/459 "2018-09-09T15:59:52Z")

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> [@](#):
>
> …And “he wasn’t on the first list” has got to be one of the silliest charges against him

That he was not on the first list is an observation, rather than a “charge”. And then later, his name arises. There is that one explanation, but we should brush that aside because…reasons? Perhaps this does not _demand_ an explanation, but bet you dollars to rabbit turds we ain’t gonna get one.

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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 9, 2018, 4:49pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/460 "2018-09-09T16:49:05Z")

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> [@elucidator](#):
>
> That he was not on the first list is an observation, rather than a “charge”. And then later, his name arises. There is that one explanation, but we should brush that aside because…reasons? Perhaps this does not _demand_ an explanation, but bet you dollars to rabbit turds we ain’t gonna get one.

Oh, then that’s completely different. Let me rephrase:

And “he wasn’t on the first list” has got to be one of the silliest _observations_ about him. If that is even in the top 100 _observations_ about him, then I think we can just give him his SCOTUS robes right now and be done with it.

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