# 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:** 246

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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 28, 2018, 6:01pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4901 "2018-09-28T18:01:52Z")

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This is some bullshit.

ETA: The Two Hour Rule is some bullshit.

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**Author:** ![KidCharlemagne](https://avatars.discourse-cdn.com/v4/letter/k/ed8c4c/32.png) [@KidCharlemagne](https://boards.straightdope.com/u/KidCharlemagne)\
**Post date:** [September 28, 2018, 6:02pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4902 "2018-09-28T18:02:12Z")

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Man I guess one person really can potentially make a difference. For those who didn’t see the elevator confrontation:

> **[Jeff Flake Confronted By Protestor Over Kavanaugh Vote Video](https://www.mediaite.com/online/watch-jeff-flake-confronted-by-protestors-in-jawdropping-moment-youre-telling-women-they-dont-matter/)**
>
> Moments after stating that he plans to vote to confirm Brett Kavanaugh to the Supreme Court, Sen. Jeff Flake (R-AZ) was confronted by protestors while on his way to vote in a Senate Judiciary Committee session.

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**Author:** ![Defensive\_Indifference](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/defensive_indifference/32/6502_2.png) [@Defensive\_Indifference](https://boards.straightdope.com/u/Defensive_Indifference)\
**Post date:** [September 28, 2018, 6:02pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4903 "2018-09-28T18:02:25Z")

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Yeah AIUI, McConnell can still schedule the floor vote any time he wants. Sounds like Flake is relying on the threat that he, and possibly other Republicans (?), would vote no on the floor if McConnell did that.

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**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\
**Post date:** [September 28, 2018, 6:03pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4904 "2018-09-28T18:03:09Z")

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Did they just pull a fast one with the “2 hour” limit thing? 😕

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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 28, 2018, 6:04pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4905 "2018-09-28T18:04:00Z")

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What is the 2 hour rule?

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [September 28, 2018, 6:04pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4906 "2018-09-28T18:04:34Z")

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So after the FBI investigation, what will be the new Dem talking point? My offer:

The FBI investigation was wholly inadequate and rushed. It is likely that Trump interfered to short circuit the process and only did a cursory investigation. He obstructed justice. We need a special prosecutor!

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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 28, 2018, 6:05pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4907 "2018-09-28T18:05:43Z")

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> [@UltraVires](#):
>
> So after the FBI investigation, what will be the new Dem talking point? My offer:
> 
> The FBI investigation was wholly inadequate and rushed. It is likely that Trump interfered to short circuit the process and only did a cursory investigation. He obstructed justice. We need a special prosecutor!

LOL. Or maybe Mark Judge will say “yes, we drank heavily sometimes, and I remember blacking out sometimes, and I remember Kavanaugh sometimes telling me the next morning that he blacked out”.

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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, 6:07pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4908 "2018-09-28T18:07:00Z")

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Flake got what he wanted (and it’s all great TV). So abruptly ending doesn’t matter. Flake wanted to put on the record, that one, he would vote to recommend and he did, but that also he would like a one week pause before the floor vote. Flake did not want a specific motion voted on right then, nor do I think it’s possible.

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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, 6:07pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4909 "2018-09-28T18:07:12Z")

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> [@iiandyiiii](#):
>
> LOL. Or maybe Mark Judge will say “yes, we drank heavily sometimes, and I remember blacking out sometimes, and I remember Kavanaugh sometimes telling me the next morning that he blacked out”.

And then they vote to confirm anyway, of course. But at least the truth will be out there.

More likely, though, is that Judge refuses to talk.

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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 28, 2018, 6:07pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4910 "2018-09-28T18:07:55Z")

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> [@UltraVires](#):
>
> So after the FBI investigation, what will be the new Dem talking point? My offer:
> 
> The FBI investigation was wholly inadequate and rushed. It is likely that Trump interfered to short circuit the process and only did a cursory investigation. He obstructed justice. We need a special prosecutor!

Can we get back to you in a week? We haven’t made up our minds yet. We’re not Republicans.

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**Author:** ![Defensive\_Indifference](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/defensive_indifference/32/6502_2.png) [@Defensive\_Indifference](https://boards.straightdope.com/u/Defensive_Indifference)\
**Post date:** [September 28, 2018, 6:08pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4911 "2018-09-28T18:08:10Z")

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From Twitter, I glean that Flake doesn’t have an agreement on the delay from McConnell. Also, AIUI, only the White House can order an FBI investigation. So either Trump could refuse to order the investigation or McConnell could just schedule the vote for this weekend, and we’d be left relying on the fortitude of Jeff Flake again.

This development is less encouraging than it appeared at first.

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**Author:** ![KidCharlemagne](https://avatars.discourse-cdn.com/v4/letter/k/ed8c4c/32.png) [@KidCharlemagne](https://boards.straightdope.com/u/KidCharlemagne)\
**Post date:** [September 28, 2018, 6:09pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4912 "2018-09-28T18:09:52Z")

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> [@UltraVires](#):
>
> So after the FBI investigation, what will be the new Dem talking point? My offer:
> 
> The FBI investigation was wholly inadequate and rushed. It is likely that Trump interfered to short circuit the process and only did a cursory investigation. He obstructed justice. We need a special prosecutor!

I wouldn’t be surprised if you’re right because the Reps have shown that they will do everything and anything to get their man in. Obstructing justice will only be the fifth most egregious sin they’ve committed during this process.

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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 28, 2018, 6:10pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4913 "2018-09-28T18:10:22Z")

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Upto but no more than a week. 15 minutes is also no more than a week.

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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 28, 2018, 6:11pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4914 "2018-09-28T18:11:01Z")

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I will give Flake a scoobie snake for all of this. But I think most of the credit goes to those two women who cornered him in the elevator.

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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, 6:11pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4915 "2018-09-28T18:11:27Z")

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> [@XT](#):
>
> 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.

You are not correct, either about my memory, nor how memory works. I assure you that I remember great detail about my experiences of sexual assault, classrooms, conversations, jobs, and life. Do I remember if I took a class on a Thursday or Friday? Usually not. Can I tell you definitively who assaulted me, what happened, what the room looked like, what he said, and what I did next? You bet.

Dr. Blasey Ford gave a good explanation of memory, which is within her area of professional expertise.

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**Author:** ![Ambrosio\_Spinola](https://avatars.discourse-cdn.com/v4/letter/a/9de0a6/32.png) [@Ambrosio\_Spinola](https://boards.straightdope.com/u/Ambrosio_Spinola)\
**Post date:** [September 28, 2018, 6:11pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4916 "2018-09-28T18:11:40Z")

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> [@Defensive\_Indifference](#):
>
> Yeah AIUI, McConnell can still schedule the floor vote any time he wants. Sounds like Flake is relying on the threat that he, and possibly other Republicans (?), would vote no on the floor if McConnell did that.

Also, any order for an FBI investigation would have to come from the President, as even if he is so inclined (and he’s probably not), McConnell can’t make the FBI do a damn thing. If Flake is serious about voting “no” on the floor without more formal investigation, though, he’s got some pretty good leverage if Murkowski and/or Collins join him.

(I figure Heitkamp and Manchin would be willing to vote to confirm Kavanaugh, but only if their votes aren’t needed for him to be seated, and they’ll be perfectly happy to join Flake’s request.)

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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 28, 2018, 6:17pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4917 "2018-09-28T18:17:24Z")

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Trump just now on Dr. Ford, “She certainly was a very credible witness.”

I may not have that exactly word for word, but that’s quite close.

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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, 6:18pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4918 "2018-09-28T18:18:19Z")

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> [@susan](#):
>
> You are not correct, either about my memory, nor how memory works. I assure you that I remember great detail about my experiences of sexual assault, classrooms, conversations, jobs, and life. Do I remember if I took a class on a Thursday or Friday? Usually not. Can I tell you definitively who assaulted me, what happened, what the room looked like, what he said, and what I did next? You bet.
> 
> Dr. Blasey Ford gave a good explanation of memory, which is within her area of professional expertise.

Then you aren’t human…and neither is Ford. Sorry, but your memory doesn’t work the way you think it does, and no one…no person…can be 100% sure of a memory, and that leaves aside the fact that we are talking about 37 years ago and an intoxicant was involved.

This isn’t to say she was wrong, or that what she says happened happened…or, that she 100% thinks it happened…just that people have a false understanding of how their memories work. If you’d like, ask a GQ question about it…or just Google what the latest is on how human memory works and why eye witness testimony is almost always suspect, even when the witnesses are telling what they think is the truth.

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**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\
**Post date:** [September 28, 2018, 6:20pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4919 "2018-09-28T18:20:55Z")

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> [@iiandyiiii](#):
>
> What is the 2 hour rule?

I’ll have to let someone who knows what their talking about to answer that. 😉

> [@AK84](#):
>
> Upto but no more than a week. 15 minutes is also no more than a week.

**This!** I was only half paying attention (because they pre-empted The Showcase Showdown on The Price is Right), and as I understood it, Flake got the vote pushed through, and the Dems were floating another motion (clarifying) and expected a vote when the plug was pulled.

I mean, really, Flake could now say, “Oops! Sorry! Just kidding!” and vote this afternoon.

I’m sure I’m wrong about all this. I mean, really. Right? 😕

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<div class="post-metadata">

**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, 6:22pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/4920 "2018-09-28T18:22:00Z")

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> [@Defensive\_Indifference](#):
>
> From Twitter, I glean that Flake doesn’t have an agreement on the delay from McConnell. Also, AIUI, only the White House can order an FBI investigation. So either Trump could refuse to order the investigation or McConnell could just schedule the vote for this weekend, and we’d be left relying on the fortitude of Jeff Flake again.
> 
> This development is less encouraging than it appeared at first.

This is correct. I’d add, Grasley gave a “gentleman’s agreement” he’d advocated for Flake’s request to McConnell (whatever that means, but it’s on tape). Also, if Flake is wiling to put this on the record so clearly, then I’d wager he’s leaning No vote if the FBI investigation doesn’t happen.

Graham was supportive of Flake.

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