# 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:** 231

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [September 28, 2018, 3:40am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4601 "2018-09-28T03:40:21Z")

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> [@psychobunny](#):
>
> Well Corker says he is already a yes vote because Ford presented no evidence to back up her claims. I hate to be as negative as some here but it looks like this is the way things are going. They hold this sham of a hearing which enables them to say that they “investigated” the allegations, but it is his word against hers, presumption of innocence, etc and he gets confirmed.
> 
> Meanwhile, I have no doubt that Kavanaugh was told he had to show more emotion by the WH after his Fox interview. Apparently the Head Cheetoh was disappointed in that performance and wanted him to be more forceful.
> 
> Also Graham auditioning for AG makes sense to me.
> 
> **I calling it that he is confirmed by Monday. I suspect that the midterms may be a blood bath for the Republicans after that.**

About the part I bolded - Yeah, he’ll be confirmed. The midterms may be a blood bath for the GOP but I’m concerned there could be blood in the streets from the riots that may ensue before then. When Kavanaugh is confirmed, there are going to be A LOT of pissed off women. Pissed off like most men have never seen.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [September 28, 2018, 3:41am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4602 "2018-09-28T03:41:48Z")

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> [@Ravenman](#):
>
> Do you really believe that the only thing stopping Trump from naming, say, three more justices and sending them to the Republican controlled Senate for confirmation is mere “tradition?” No, there’s no office that is vacant for them to hold.

“That’s the worst tradition, I think, that we’ve ever had in our great history. I’m going to have the best traditions, traditions like no one has ever seen. We’ll be so good at traditions you won’t be able to believe it.”

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**Author:** ![Banquet\_Bear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/banquet_bear/32/373_2.png) [@Banquet\_Bear](https://boards.straightdope.com/u/Banquet_Bear)\
**Post date:** [September 28, 2018, 3:43am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4603 "2018-09-28T03:43:40Z")

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> [@Kolak\_of\_Twilo](#):
>
> About the part I bolded - Yeah, he’ll be confirmed. The midterms may be a blood bath for the GOP but I’m concerned there could be blood in the streets from the riots that may ensue before then. When Kavanaugh is confirmed, there are going to be A LOT of pissed off women.\*\* Pissed off like most men have never seen.\*\*

…I read this story just before. (original from the WP)

[https://www.stuff.co.nz/world/americas/107445581/wall-street-silence-tears-on-planes-us-watched-transfixed-as-she-told-her-story](https://www.stuff.co.nz/world/americas/107445581/wall-street-silence-tears-on-planes-us-watched-transfixed-as-she-told-her-story)

Pissed off. Angry. A storm is coming.

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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 28, 2018, 3:44am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4604 "2018-09-28T03:44:26Z")

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> [@Whack-a-Mole](#):
>
> Actually I would argue that congress CAN NOT legislate the size of the court because that runs counter to the explicit role of the senate to impeach judges (which is in the constitution).
> 
> If congress can resize the court as it sees fit you no longer need a 2/3 majority to get rid of people on the court. Just have 50% vote to resize the court and toss members off.
> 
> Get control of congress with 50%, pass a law that says there is one justice on the Supreme Court and fire everyone else.
> 
> Then pass a new law making it nine again and appoint all your own cronies.
> 
> Easy peasy.

You are correct that Congress can’t throw people off the Court, other than by impeachment. However, they can increase the size of the Court as they please, allowing whomever is President at the time to appoint multiple Justices. They can also reduce the size of the Court, by providing that the next x number of Justices to die or retire shall not be replaced, thus neutering whomever is President at the time. They have done both these things multiple times in the past, though not since 1880-something iirc.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [September 28, 2018, 3:44am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4605 "2018-09-28T03:44:52Z")

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> [@psychobunny](#):
>
> I calling it that he is confirmed by Monday. I suspect that the midterms may be a blood bath for the Republicans after that.

I agree, probably confirmed, though I give 60/40 in favor. The Pubs sacrificed the patient to save his leg as far as the midterms go though. Massive turnout and defections toward the Democrats. They are going to rue the day they gave subpoena power to the Democrats.

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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 28, 2018, 3:46am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4606 "2018-09-28T03:46:53Z")

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> [@Smapti](#):
>
> If Democrats can take control of Congress and the White House in 2020, I think we’re going to have to take some extreme measures to save this Republic;
> 
> 1. Nuke the filibuster entirely
> 2. Congresses passes an act temporarily increasing the size of the Supreme Court
> 3. The president nominates and the Senate approves 3-5 liberal judges whose spots will _not_ be refilled upon retirement, allowing a safe liberal majority for a generation or two until the Nazi Party has disbanded or become sane again

What in the world makes you think #2 won’t just be done again by the other side as soon as the R’s are back in control?

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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 28, 2018, 3:47am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4607 "2018-09-28T03:47:18Z")

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I’d guess by morning they’ve got the votes, some Dems too.

Which means they’ll be an unexpected bombshell tomorrow…

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [September 28, 2018, 3:49am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4608 "2018-09-28T03:49:13Z")

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> [@HurricaneDitka](#):
>
> What in the world makes you think #2 won’t just be done again by the other side as soon as the R’s are back in control?

You assume the Republicans will ever be a majority party again once they lose the ability to gerrymander and suppress votes.

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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [September 28, 2018, 3:51am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4609 "2018-09-28T03:51:17Z")

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CNN has breaking news.

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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 28, 2018, 3:51am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4610 "2018-09-28T03:51:20Z")

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> [@Whack-a-Mole](#):
>
> 1. Republicans already killed it. It was called the “nuclear option” and when the Dems were in power the Reps kept telling them that if they went there someday they would regret it…so they didn’t. After 2016 as soon as Gorsuch was nominated the Reps pushed the button on the nuclear option to make it impossible for Dems to filibuster. They did not hesitate even a moment. …

This is easily the most insane thing posted here all week, probably all month.

[The Hill - Schumer regrets Dems triggering ‘nuclear option’](https://thehill.com/homenews/senate/312540-schumer-regrets-dems-triggering-nuclear-option)

Is this like, a really REALLY terrible attempt to rewrite history? Or did you really just forget that the Dems used the nuclear option first?

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [September 28, 2018, 3:52am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4611 "2018-09-28T03:52:57Z")

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> [@Beckdawrek](#):
>
> CNN has breaking news.

Yes??

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**Author:** ![SamuelA](https://avatars.discourse-cdn.com/v4/letter/s/c77e96/32.png) [@SamuelA](https://boards.straightdope.com/u/SamuelA)\
**Post date:** [September 28, 2018, 3:53am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4612 "2018-09-28T03:53:33Z")

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> [@Smapti](#):
>
> You assume the Republicans will ever be a majority party again once they lose the ability to gerrymander and suppress votes.

Long term, the rules of US democracy mean the system will stabilize on exactly 2 opposing parties. Demographic trends overall appear to be pushing the country leftward, but that doesn’t mean that it will become a system of 1 party rule by democrats. It might end up being a 2 party system between what are effectively the democratic party and the socialist party or something, but there would still be 2 parties.

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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 28, 2018, 3:54am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4613 "2018-09-28T03:54:13Z")

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> [@Smapti](#):
>
> You assume the Republicans will ever be a majority party again once they lose the ability to gerrymander and suppress votes.

I think it’s incredibly foolish to think the Dems are going to get a permanent majority.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [September 28, 2018, 3:54am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4614 "2018-09-28T03:54:44Z")

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> [@SamuelA](#):
>
> Long term, the rules of US democracy mean the system will stabilize on exactly 2 opposing parties. Demographic trends overall appear to be pushing the country leftward, but that doesn’t mean that it will become a system of 1 party rule by democrats. It might end up being a 2 party system between what are effectively the democratic party and the socialist party or something, but there would still be 2 parties.

I’m not saying I want one-party rule. I’m just saying I don’t want the Nazis to be one of the two major parties.

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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 28, 2018, 3:56am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4615 "2018-09-28T03:56:42Z")

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> [@asahi](#):
>
> … Find a centrist in the military who understands that we will need a period of extra-constitutional rehabilitation for a certain segment of the population.

This is insanity, and dangerous as fuck.

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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 28, 2018, 3:58am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4616 "2018-09-28T03:58:42Z")

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> [@Sam\_Stone](#):
>
> Any attempt to pack the court, either by Republicans or Democrats, will result in popular fury.
> 
> Partisanship is already spiralling out of control. Do you really want to fan that fire?
> 
> If Trump decided that the court needed 12 justices and proceeded to pick three new, highly conservative justices, or President Booker decided to do it with liberal justices, I think the result would be violence in the streets. It would be perceived as a de-facto coup. A Supreme court packed with partisans could essentially give the ruling party free reign to do whatever they wanted. There are umbras and emanations galore that can be used to hand-wave away all sorts of constitutional protections if the SC really wanted to do it.

What’s the difference between court packing and refusing to allow a sitting President to nominate a Justice? Or putting a probable serial rapist on the Court in order to avoid the possibility of not being able to confirm a replacement before losing your majority?

It’s a very drastic step and not one I would take lightly. I would be willing to endure a Court much more conservative than I would prefer rather than resort to court packing.

But if the Democrats win elections and are prevented from carrying out their agenda by bogus rulings of a Court whose legitimacy and integrity have been sacrificed for short-term Republican wins, then so be it.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [September 28, 2018, 3:58am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4617 "2018-09-28T03:58:51Z")

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> [@Beckdawrek](#):
>
> CNN has breaking news.

…so what was it? I’m not seeing any changes on the website.

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<div class="post-metadata">

**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [September 28, 2018, 4:01am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4618 "2018-09-28T04:01:12Z")

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> [@Smapti](#):
>
> That’s the state senator for the district my sister and my nephews live in! :eek: Disgusting.

[![](https://img.youtube.com/vi/bufTna0WArc/maxresdefault.jpg "Can't Lie On The Internet") ](https://www.youtube.com/watch?v=bufTna0WArc)

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<div class="post-metadata">

**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 28, 2018, 4:03am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4619 "2018-09-28T04:03:12Z")

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> [@Flyer](#):
>
> Because the next person on the list would **inevitably** get smeared as badly as Kavanaugh has been.
> 
> And after watching this witch hunt, who in his right mind would want to subject himself and his family to that kind of stress?

Well, you know, they could, like nominate someone who isn’t a rapist or something. Just sayin’.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [September 28, 2018, 4:03am UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4620 "2018-09-28T04:03:15Z")

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> [@Fear\_Itself](#):
>
> I agree, probably confirmed, though I give 60/40 in favor. The Pubs sacrificed the patient to save his leg as far as the midterms go though. Massive turnout and defections toward the Democrats. They are going to rue the day they gave subpoena power to the Democrats.

And the Democrats are going to have a lot to work with, far more than just the sexual assault allegations.

All those writings the Republicans wouldn’t let the Democrats see in the committee? Those are coming out in late October/early November. Years and years of nakedly partisan crap, fraught with peril.

His lies to the committee, especially to Leahy, are [readily documented](https://www.washingtonpost.com/politics/2018/09/20/brett-kavanaughs-unlikely-story-about-democrats-stolen-documents/?noredirect=on&utm_term=.ab19b8d8e8b7).

An actual investigation into all the sexual assault stuff… along with his likely lies today about his drinking, which will be documented better as time passes… he is very likely to become the second SCOTUS justice to be impeached. And the first to be removed.

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