# Can Democrats actually stop the nomination of Brett Kavanaugh? **URL:** \ **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:** 281
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [October 2, 2018, 6:11pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5602 "2018-10-02T18:11:06Z")
> [@CoolHandCox](#): > > I would guess there would be a different Republican makeup after the mid-terms. Flake is gone as a swing vote, and they might gain Senate seats after the election. Really embracing a come hell or high water strategy. With the risk being that there’s a chance that Dems could take the chamber. (not likely IMHO.) God forbid Dems invoke the McConnell Rule and not vote on any Supreme Court nominees until 2021. I mean, that would be unfair. Wouldn’t it? ---
**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:** [October 2, 2018, 6:11pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5603 "2018-10-02T18:11:56Z")
> [@Fiveyearlurker](#): > > Lindsay Graham apparently just said that if Kavanaugh is rejected, that Trump should renominate Kavanaugh. I can’t even tell what the possible strategy there would be. I think Lindsey has been grooming himself to take Sessions job. He said jeff would be replaced, weeks ago, and he’s acting sycophantic to the point of surreality. He wants to be close to the center of power when the whole thing blows up. He thinks he is going to be untouched and in power at that point. He knows that kavanaugh is a terrible choice but that fits in perfectly with his ambitions. He’ll say “nominate him again” because he thinks the blowback will be against trump, and not him. ---
**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:** [October 2, 2018, 6:18pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5604 "2018-10-02T18:18:05Z")
“If we nominate Trump, we will get destroyed…and we will deserve it.” - [Lindsey Graham](https://twitter.com/lindseygrahamsc/status/727604522156228608) 3 May 2016 Just doing his part in service to the self fulfilling prophecy. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [October 2, 2018, 6:36pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5605 "2018-10-02T18:36:51Z")
> [@k9bfriender](#): > > … I take it by your attempted accusation of tu quoque, that you do not think that Kavanaugh can be? Not at all. I think he’ll be a fine Justice. The point is that if you believe that RBG can be trusted to fairly set aside her personal animosity for President Trump and give his administration a fair hearing when his staff appears before the Court, I don’t think it’s unreasonable to believe Kavanaugh can do likewise. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [October 2, 2018, 6:39pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5606 "2018-10-02T18:39:18Z")
> [@CoolHandCox](#): > > Here is Avenatti client Julie Swetnick’s recent interview. It’s 20mins long. > [Julie Swetnick speaks about alleged behavior by Judge Kavanaugh](https://www.msnbc.com/msnbc/watch/julie-swetnick-speaks-about-alleged-behavior-by-judge-kavanaugh-1334265923929?v=railb&) > > I’ll summarize my takeaways. > > 1. It’s a boring interview. She doesn’t seem nearly as credible or compelling as Ford. Which to me says a lot about Ford and her claims. > > 2. Her claim in the statement of Kav spiking the punch is walked back. It’s now just Kav standing around the punch, handing out solo cups. Nothing about “spiking” or even making the punch. > > 3. Her claim in the statement that clearly implied Kav was involved in a gang rape is walked back. It’s now just Kav standing around a door with other boys (not in a line or “train”). She didn’t see what was going on in the room, but now thinks it was “rape”. > > 4. She still alleges she personally was assaulted/raped. She remembers Kav and Judge being at the party. She told her Mom the next day (Mom is now deceased). She also told the local police (the officer she told is now deceased). I really don’t see how this has anything to do with Kav if there’s nothing else to No. 3 above. > > 5. MSNBC has tried to corroborate her story, but they have been unable to. > > 6. She is unclear on her timeline when/why she decided to come forward. She said it was about 6 weeks ago, when she learned Kav was on the “short-list” and in response to Ford’s allegation. That doesn’t add up. I think at this point it’s fair to characterize Avenatti’s client as having “imploded”. YMMV. ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [October 2, 2018, 6:58pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5607 "2018-10-02T18:58:09Z")
> [@John\_Stamos\_Left\_Ear](#): > > So you couldn’t answer any of my questions? > > I’ll bet you yell at clouds too. Your wrong about that, and you’re just gonna have to live with it. Anyway, I don’t know about congressional procedures. I do know that Democrats sat on their hands when Republicans refused to hold hearings, because they tried to play a longer game and have Hillary nominate someone after she won. And I long for the day when Democrats grow spines and fight for a change, instead of settling for being pushed around. But really, it’s nice that you’re satisfied. ---
**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:** [October 2, 2018, 7:01pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5608 "2018-10-02T19:01:46Z")
> [@HurricaneDitka](#): > > Not at all. I think he’ll be a fine Justice. The point is that if you believe that RBG can be trusted to fairly set aside her personal animosity for President Trump and give his administration a fair hearing when his staff appears before the Court, I don’t think it’s unreasonable to believe Kavanaugh can do likewise. I never saw RBG exhibit “animosity” for trump. She is entitled to respond to public life in a proportional way without being characterized that way. The whining and bitching about “anti-trump” stuff is absurd. I can’t see anything the two have in common. She has not launched into paranoid, alcoholic, denialist rants while being confirmed, for just one thing. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [October 2, 2018, 7:12pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5609 "2018-10-02T19:12:45Z")
> [@drad\_dog](#): > > I never saw RBG exhibit “animosity” for trump. … I don’t know if you were unaware of this or if you don’t consider it an expression of animosity: > [@](#): > > “I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president,” she said. “For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.” > **[Ruth Bader Ginsburg, No Fan of Donald Trump, Critiques Latest Term (Published...](https://www.nytimes.com/2016/07/11/us/politics/ruth-bader-ginsburg-no-fan-of-donald-trump-critiques-latest-term.html)** > > Justice Ginsburg took stock of a tumultuous term for the Supreme Court after the death of Justice Antonin Scalia and gave her thoughts about a Trump presidency. > [@](#): > > “He is a faker,” she said of the presumptive Republican presidential nominee, going point by point, as if presenting a legal brief. “He has no consistency about him. He says whatever comes into his head at the moment. He really has an ego. … How has he gotten away with not turning over his tax returns? The press seems to be very gentle with him on that.” [https://www.cnn.com/2016/07/12/politics/justice-ruth-bader-ginsburg-donald-trump-faker/index.html](https://www.cnn.com/2016/07/12/politics/justice-ruth-bader-ginsburg-donald-trump-faker/index.html) You don’t think “animosity” is a fair characterization of that? ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [October 2, 2018, 7:13pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5610 "2018-10-02T19:13:58Z")
> [@HurricaneDitka](#): > > Not at all. I think he’ll be a fine Justice. The point is that if you believe that RBG can be trusted to fairly set aside her personal animosity for President Trump and give his administration a fair hearing when his staff appears before the Court, I don’t think it’s unreasonable to believe Kavanaugh can do likewise. Did you see the hearing? That’s what a judicial temperament looks like? ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [October 2, 2018, 7:18pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5611 "2018-10-02T19:18:29Z")
> [@Ravenman](#): > > Did you see the hearing? Not quite all of it, but I saw significant portions of it, including Kavanaugh’s opening statement. > [@Ravenman](#): > > … That’s what a judicial temperament looks like? I think if his temperament were not appropriately judicial, you’d have something more than a few angry minutes while he was in the midst of confronting a slew of ridiculous and salacious accusations against him to draw from. He’s been on the DC Circuit for years. Does he have a lengthy history of blowing up at people in his courtroom? If not, I think it’s a reasonable conclusion that he’ll be fine (temperament-wise) on SCOTUS. ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [October 2, 2018, 7:19pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5612 "2018-10-02T19:19:45Z")
Benjamin Wittes who knows Kavanaugh well takes a remarkably measured approach and comes to the conclusion that Kavanaugh should not be confirmed. > **[I Know Brett Kavanaugh, but I Wouldn’t Confirm Him](https://www.theatlantic.com/ideas/archive/2018/10/why-i-wouldnt-confirm-brett-kavanaugh/571936/)** > > This is an article I never imagined myself writing, that I never wanted to write, that I wish I could not write. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [October 2, 2018, 7:29pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5613 "2018-10-02T19:29:07Z")
> [@bobot](#): > > I don’t know about congressional procedures. This is like arguing about the Theory of Relativity and kicking it off with “I don’t know about physics.” ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [October 2, 2018, 7:31pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5614 "2018-10-02T19:31:24Z")
> [@HurricaneDitka](#): > > I think if his temperament were not appropriately judicial, you’d have something more than a few angry minutes while he was in the midst of confronting a slew of ridiculous and salacious accusations against him to draw from. He’s been on the DC Circuit for years. Does he have a lengthy history of blowing up at people in his courtroom? If not, I think it’s a reasonable conclusion that he’ll be fine (temperament-wise) on SCOTUS. He blamed Democrats for destroying his family. I can buy that his temperament was not an issue before the hearing - even though he relished his role in trying to impeach Clinton - but I think he now has scores to settle. Even when Klobuchar started a pretty tame series of questions, and he said that he enjoyed their meetings together, he literally started demanding that she answer his questions about beer. I fully expect him to just rule against Democrats out of spite for the rest of his judicial career, and there really isn’t anything anyone can do about it. ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [October 2, 2018, 7:33pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5615 "2018-10-02T19:33:52Z")
> [@Cheesesteak](#): > > This is like arguing about the Theory of Relativity and kicking it off with “I don’t know about physics.” Yes, I know, and I admit it. I also know that Democrats gambled and lost when they should have put up a fight. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [October 2, 2018, 7:39pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5616 "2018-10-02T19:39:51Z")
> [@bobot](#): > > Yes, I know, and I admit it. I also know that Democrats gambled and lost when they should have put up a fight. But… their ability to fight is based on the exact thing you don’t know anything about. If there was a way for them to force a vote on Garland, one of the clever folks here, who DO know about congressional procedures, would have mentioned it. ---
**Author:** ![Delayed\_Reflex](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/delayed_reflex/32/3172_2.png) [@Delayed\_Reflex](https://boards.straightdope.com/u/Delayed_Reflex)\ **Post date:** [October 2, 2018, 7:45pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5617 "2018-10-02T19:45:26Z")
If Kavanaugh had answered the questions in a less weasely way, ie. “So the vomiting that you reference in the Ralph Club reference, related to the consumption of alcohol?” “Yes.” or even “I don’t recall the intimate details of the inside jokes that we made in high school.”, would there have been any negative ramifications for him? I suppose the tactic was for people to draw the inference that Kavanaugh = heavy drinker = probably blacked out a lot = plausibly sexually assaulted someone while blacked out, but IMO that last step is a pretty big leap, and I think he could have have owned up to having been a heavy drinker in the past without that significantly hurting his standing with the senate or the public. The way he handled the questions was rather bizarre IMO. ---
**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:** [October 2, 2018, 7:46pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5618 "2018-10-02T19:46:59Z")
> [@Fiveyearlurker](#): > > Benjamin Wittes who knows Kavanaugh well takes a remarkably measured approach and comes to the conclusion that Kavanaugh should not be confirmed. > > [I Know Brett Kavanaugh, but I Wouldn’t Confirm Him - The Atlantic](https://www.theatlantic.com/ideas/archive/2018/10/why-i-wouldnt-confirm-brett-kavanaugh/571936/) His conclusion. > [@](#): > > . Faced with credible allegations of serious misconduct against him, Kavanaugh behaved in a fashion unacceptable in a justice, it seems preponderantly likely he was not candid with the Senate Judiciary Committee on important matters, and the risk of Ford’s allegations being closer to the truth than his denial of them is simply too high to place him on the Supreme Court. ---
**Author:** ![StusBlues](https://avatars.discourse-cdn.com/v4/letter/s/dc4da7/32.png) [@StusBlues](https://boards.straightdope.com/u/StusBlues)\ **Post date:** [October 2, 2018, 7:48pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5619 "2018-10-02T19:48:12Z")
> [@HurricaneDitka](#): > > I don’t know if you were unaware of this or if you don’t consider it an expression of animosity: > > [https://www.nytimes.com/2016/07/11/us/politics/ruth-bader-ginsburg-no-fan-of-donald-trump-critiques-latest-term.html](https://www.nytimes.com/2016/07/11/us/politics/ruth-bader-ginsburg-no-fan-of-donald-trump-critiques-latest-term.html) > > [https://www.cnn.com/2016/07/12/politics/justice-ruth-bader-ginsburg-donald-trump-faker/index.html](https://www.cnn.com/2016/07/12/politics/justice-ruth-bader-ginsburg-donald-trump-faker/index.html) > > You don’t think “animosity” is a fair characterization of that? Lindsey Graham was at least as critical of Trump during the campaign. It seems he has set aside his animus now that Trump is the putative leader of the GOP. > **[What’s up with Lindsey Graham?](https://www.vox.com/2018/9/28/17911784/lindsey-graham-brett-kavanaugh-trump)** > > Graham’s angry rant in defense of Brett Kavanaugh, and his strange history with President Trump, explained. ---
**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:** [October 2, 2018, 7:49pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5620 "2018-10-02T19:49:04Z")
> [@HurricaneDitka](#): > > I think at this point it’s fair to characterize Avenatti’s client as having “imploded”. YMMV. …I think its much fairer to say that Avenatti oversold his client. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [October 2, 2018, 7:53pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/5621 "2018-10-02T19:53:44Z")
> [@Ravenman](#): > > … I fully expect him to just rule against Democrats out of spite for the rest of his judicial career, and there really isn’t anything anyone can do about it. Do you have the same expectation about RBG and President Trump? Has she dishonorably revealed her bias in your eyes and is likely to just rule reflexively against the Trump Administration? Should she be recusing herself from all cases that the Trump Administration is a party to? Should she have resigned her seat? Should she be impeached? I suspect you believe she’s capable of being a bit more dispassionate than that in her role as an Associate Justice. Why do you not extend that same bit of faith to Kavanaugh? I’d like to think, with you at least, it’s something more than just partisan political preferences. But what is it? Is it just that he was more fiery in his animosity than RBG? Something else? To make this something more than an us-vs-them thing, the late Justice Scalia once said “If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag.” Should that display of personal antipathy have been disqualifying? Should Scalia have recused himself from any case involving flag desecration? or beards? Or do you accept that he too was largely able to set aside his personal feelings on litigants and make rulings with sufficient dispassion? [Previous page](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733.md?page=280) [Next page](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733.md?page=282)