# 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:** 242

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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, 3:07pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4821 "2018-09-28T15:07:51Z")

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From James Comey:

> [@](#):
>
> Small lies matter, even about yearbooks. From the standard jury instruction: “If a witness is shown knowingly to have testified falsely about any material matter, you have a right to distrust such witness’ other testimony and you may reject all the testimony of that witness …”

But this isn’t a criminal trial, so that particular part of it does not apply. Just innocent until proven guilty.

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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 28, 2018, 3:10pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4822 "2018-09-28T15:10:59Z")

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> [@CoolHandCox](#):
>
> From James Comey:
> 
> But this isn’t a criminal trial, so that particular part of it does not apply. Just innocent until proven guilty.

That doesn’t apply either, since this isn’t a criminal trial.

Kavanaugh lies, and lies poorly. He’s a dangerous hot head drunk. He doesn’t seem that smart to me either. He’s going to sink the GOP’s chances in next two elections, and I guess that’s something. All and all, I’d rather he was hiding out in a Delaware Beach House.

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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 28, 2018, 3:14pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4823 "2018-09-28T15:14:18Z")

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The very conservative ABA was weighed in. (after giving the asshole their highest rating)

> [@](#):
>
> The American Bar Association is calling on the Senate Judiciary Committee to halt the consideration of President Donald Trump’s Supreme Court nominee Brett Kavanaugh until an FBI investigation is completed into the sexual assault allegations that have roiled his nomination.

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**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\
**Post date:** [September 28, 2018, 3:20pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4824 "2018-09-28T15:20:33Z")

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> [@Snowboarder\_Bo](#):
>
> [Jeff Flake knows he’s about to do something wrong by voting to confirm](https://apnews.com/e42763a9d9654eb8814a10c689b4802c/'Look-at-me:'-Women-confront-Flake-on-Kavanaugh-support):

Playing it safe, doesn’t want to be locked out of lobbying deals.

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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 28, 2018, 3:20pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4825 "2018-09-28T15:20:48Z")

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> [@Procrustus](#):
>
> The very conservative ABA was weighed in. (after giving the asshole their highest rating)

The ABA is not “very conservative.” They are largely a center-left organization, reflecting the average politics of lawyers.

But they are very much part of the elite legal establishment, which tends to be very congenial when it comes to patting each other on the back about the qualifications of federal appellate judges. So for them to turn on Kavanaugh is not unremarkable. Just not for the reason you imply.

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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, 3:21pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4826 "2018-09-28T15:21:32Z")

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> [@Procrustus](#):
>
> That doesn’t apply either, since this isn’t a criminal trial.
> 
> Kavanaugh lies, and lies poorly. He’s a dangerous hot head drunk. He doesn’t seem that smart to me either. He’s going to sink the GOP’s chances in next two elections, and I guess that’s something. All and all, I’d rather he was hiding out in a Delaware Beach House.

I wasn’t clear. The Republicans are cherry picking parts of trials that are helpful, and disregarding parts that are not, all while calling this a fair process.

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**Author:** ![filmore](https://avatars.discourse-cdn.com/v4/letter/f/7993a0/32.png) [@filmore](https://boards.straightdope.com/u/filmore)\
**Post date:** [September 28, 2018, 3:22pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4827 "2018-09-28T15:22:27Z")

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> [@monstro](#):
>
> [Judge Kavanaugh's answer to F F F F question at Dr. Christine Blasey Ford hearing today](https://www.dailykos.com/stories/2018/9/27/1799376/-Judge-Kavanaugh-s-answer-to-F-F-F-F-question-at-Dr-Christine-Blasey-Ford-hearing-today)

That explanation is what I would expect and makes 1000% more sense. All of the stuff he said sounded like poorly constructed explanations to take the facts and try make him look like a church going, pious virgin.

This is one area I think the D’s really dropped the ball. They just let him come up with any answer and didn’t point out the obvious flaws. If he said the FFFF was kidding about how someone said fuck, they should have said what does “fuck Forth of July” mean? When he said boof meant farting, they should have had a chart behind him of references from 80’s movies and writings when boof meant sex. When he said he fell asleep after drinking, they should have asked how that was different from passing out. It could be everything he said was true, but without any followup explanations it sounds made up.

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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, 3:23pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4828 "2018-09-28T15:23:20Z")

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ahhh, Grasley just commented on the ABA letter after it was admitted into evidence. ha, he said since it was only signed by the President of the ABA that it was just the opinion of a single person, not the organization.

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**Author:** ![susan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/susan/32/17537_2.png) [@susan](https://boards.straightdope.com/u/susan)\
**Post date:** [September 28, 2018, 3:25pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4829 "2018-09-28T15:25:18Z")

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Huh. I remember, with 100% accuracy, who sexually assaulted me, the layout of the room, what he said, and what he did. I do not remember whether it was a Friday or a Saturday. These are different types of memories (as Dr Blasey Ford described).

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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, 3:25pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4830 "2018-09-28T15:25:59Z")

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> [@RTFirefly](#):
>
> [McCaskill committed to voting ‘No’ on Kavanaugh last week.](https://www.usatoday.com/story/news/politics/2018/09/19/claire-mccaskill-says-shes-voting-no-brett-kavanaugh-president-trumps-supreme-court-nominee/1363605002/)

Thank you. So much happening… it’s hard to keep up.

> [@Dinsdale](#):
>
> \<snip\>
> 
> **I’m astounded that I have not read/seen more discussing the judicial temperament displayed during his opening tantrum.** :eek: While people can argue about any number of issues, I question how ANYONE could consider that display “judicial.” And don’t talk to me about the unusual and stressful circumstances. Supremes ought to be able to conduct themselves appropriately in stressful and extreme situations. What he displayed is an individual who has difficulty controlling his emotions, and who suspects some “conspiracy” by Democrats and the Clintons. If he cannot keep those out of his confirmation hearing, why ought we expect he can keep them out of future deliberations?
> 
> I’m strongly supportive of the “right” of sitting presidents to nominate to the Fed Cts, and I think Senatorial confirmation should be a relatively low bar. But the nomination of such a political partisan (considering his past experience as well) is quite striking - and not desirable.

I so agree with this.

I worked with a lot of different judges over my career, all of whom were far further down the food chain that Kavanaugh. Every one of them had more judicial temperament in their little fingers than Kavanaugh displayed yesterday.

His performance, and that of those willing to sell their souls to support him, left me aghast.

Republicans are destroying our institutions as fast as they can. And with utter deliberation.

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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 28, 2018, 3:26pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4831 "2018-09-28T15:26:30Z")

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A local Democratic Party facebook feed just posted this , I’ll quote the relevant paragraph:

> [@](#):
>
> If you check out SCOTUS blog, you will see that on next month’s docket is: Gamble v. U.S., No. 17-646. Issue(s): Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause (where you can be charged twice, via State and Federal charges, for the same crimes). They are desperate. The plan was to appoint Kavanaugh early this week so that he would be seated in time for this ruling.

This does seem relevant, since the President can pardon federal criminals but not state.

Thoughts?

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**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\
**Post date:** [September 28, 2018, 3:27pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4832 "2018-09-28T15:27:40Z")

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Since he’s been a federal judge for a while, have there been any reports or indications of such a temperament?

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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 28, 2018, 3:28pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4833 "2018-09-28T15:28:03Z")

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> [@CoolHandCox](#):
>
> ahhh, Grasley just commented on the ABA letter after it was admitted into evidence. ha, he said since it was only signed by the President of the ABA that it was just the opinion of a single person, not the organization.

Someone needs to say to him (and Graham):

> [@](#):
>
> You have done enough. Have you no sense of decency?

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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 28, 2018, 3:29pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4834 "2018-09-28T15:29:27Z")

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> [@Dinsdale](#):
>
> This type of lawyerly weasling is bothersome when it occurs on the SDMB. It is especially troublesome by a potential Supreme.
> 
> He intentionally obscures the drinking age issue…

But the claim was not that he was being a weaselly lawyer. The claim was that he lied. I agree that he was being a weaselly lawyer. I didn’t see all of his testimony, but from what I saw, I think he did very poorly, and some of that was because he seemed like a weaselly lawyer.

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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 28, 2018, 3:34pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4835 "2018-09-28T15:34:01Z")

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Lindsey Graham just declares that a vote against Kavanaugh “will tear the country apart”. “Will”. Future tense.

Really, Lindsey, baby? Ya think? After yesterday’s almost comically partisan circus? Today five Democratic senators walked out after the Judiciary Committee scheduled a vote on Kavanaugh for 1:30 this afternoon.

_ **You’re** _ the problem, Lindsey. You and all the other mindless self-serving partisans just like you, with no regard for facts, integrity, or decency.

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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 28, 2018, 3:40pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4836 "2018-09-28T15:40:11Z")

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Even as we post, Republicans are giddy with anticipation, waiting for the enthusiastic approval of American women to burst across the nation! Their joyous cries will ring out!

(OK, some of them won’t be so happy. But you know how the are, they _pretend_ to want to be “equal”, but what they really want is a strong, firm man to take them in hand. Also, drapes…)

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**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\
**Post date:** [September 28, 2018, 3:40pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4837 "2018-09-28T15:40:20Z")

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> [@scr4](#):
>
> A local Democratic Party facebook feed just posted this , I’ll quote the relevant paragraph:
> 
> > [@](#):
> >
> > If you check out SCOTUS blog, you will see that on next month’s docket is: Gamble v. U.S., No. 17-646. Issue(s): Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause (where you can be charged twice, via State and Federal charges, for the same crimes). They are desperate. The plan was to appoint Kavanaugh early this week so that he would be seated in time for this ruling.
> 
> This does seem relevant, since the President can pardon federal criminals but not state.
> 
> Thoughts?

I posted about this several pages back and it was largely ignored (I think one person responded). I think it’s vitally important and the lack of concern on this board, amongst journalists, and amongst the public is puzzling to me.

If it’s a non-issue I wish someone would explain to me why.

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**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\
**Post date:** [September 28, 2018, 3:41pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4838 "2018-09-28T15:41:22Z")

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not sure if it was posted yet but Bush the younger is lobbying to get Brett approved.

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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, 3:42pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4839 "2018-09-28T15:42:02Z")

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> [@wolfpup](#):
>
> …  
> Maybe the problem you’re seeing is that far-right American conservatives may not meet certain immigration criteria. 😉

Wishful thinking. I’m staying here. Your side is the one that seems to want to run away to Canada.

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**Author:** ![XT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xt/32/456_2.png) [@XT](https://boards.straightdope.com/u/XT)\
**Post date:** [September 28, 2018, 3:43pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4840 "2018-09-28T15:43:02Z")

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> [@Fear\_Itself](#):
>
> Are you saying you don’t have a single memory you are 100% certain of?

Even leaving aside the drinking and partying part, do I have a memory from 37 years ago that I’m 100% certain of? No. And neither do you. And neither does anyone else, unless they are a computer. That’s not how human memory works. Human memory is malleable, and changes over time. It’s why eye witness testimony, even to events that just happened recently, is always questionable.

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