# 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:** 324
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [October 6, 2018, 1:39pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6462 "2018-10-06T13:39:55Z")
> [@SamuelA](#): > > Or so **you think**. And I’m sure if a woman who you knew back in high school came out and said you **did** assault her one time. And you don’t even remember meeting her. You’d be totally cool and collected and wouldn’t get angry at the accusations, right? If I had a lot of experience as a blackout drunk, as Kavanaugh did, I would search my thoughts and try to come up with what she was talking about to figure out if there is validity to it. If multiple women came forward, I would search my thoughts even further with the realization that there was likely something there that I couldn’t recall. I’m sure that Kavanaugh did the same thing, hence the evasive answers and the fear of an actual investigation. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [October 6, 2018, 1:42pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6463 "2018-10-06T13:42:48Z")
> [@SamuelA](#): > > …You’d be totally cool and collected and wouldn’t get angry at the accusations, right?.. So, those things about the lefty conspiracy for Clinton’s revenge, shit like that, mean spirited, aggressive and partisan…that stuff wasn’t in the prepared speech? He improvised that in the fierce heat of righteous anger? He _pretended_ to read prepared remarks, because reasons? ---
**Author:** ![JKellyMap](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jkellymap/32/15880_2.png) [@JKellyMap](https://boards.straightdope.com/u/JKellyMap)\ **Post date:** [October 6, 2018, 2:10pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6464 "2018-10-06T14:10:52Z")
> [@Bijou\_Drains](#): > > I think the people in 1776 had no idea how big some states would get vs. others. So giving 2 votes to 500k people vs 2 votes to 40 mil people is pretty much out of whack. Excellent point (and I’m a geographer of the social science type). ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [October 6, 2018, 2:17pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6465 "2018-10-06T14:17:42Z")
> [@Blalron](#): > > The notion that the Supreme Court are impartial arbiters of the law, and not just politicians in robes, has now vanished for me with the elevation of this screaming, red faced, partisan hack to the highest Court in the land. I’m now fully in favor of FDR style court packing. Still brings us back to the same question each time, though: If Democrats pack a few more justices onto the Court, what prevents Republicans from packing far more when they get the chance to do so down the road? This would be like America lobbing one nuke at Russia, expecting to receive only one nuke in return, when in fact Russia might respond with dozens or hundreds instead. ---
**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:** [October 6, 2018, 2:23pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6466 "2018-10-06T14:23:06Z")
> [@Velocity](#): > > Still brings us back to the same question each time, though: If Democrats pack a few more justices onto the Court, what prevents Republicans from packing far more when they get the chance to do so down the road? > This would be like America lobbing one nuke at Russia, expecting to receive only one nuke in return, when in fact Russia might respond with dozens or hundreds instead. Democrats have been nuked repeatedly since 2000. What did you expect? ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [October 6, 2018, 2:24pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6467 "2018-10-06T14:24:51Z")
> [@Velocity](#): > > Still brings us back to the same question each time, though: If Democrats pack a few more justices onto the Court, what prevents Republicans from packing far more when they get the chance to do so down the road? > This would be like America lobbing one nuke at Russia, expecting to receive only one nuke in return, when in fact Russia might respond with dozens or hundreds instead. The will of the people based on Democracy? If the people think that there should be more Democratically nominated justices on the court, as they currently do based on popular voting, that’s what there should be. So, the people should be able vote in the representatives to right this wrong. Republicans can run on the premise that they will add even more justices, and the people can decide at that time if they want that. But, currently, the will of the people is thwarted by undemocratic processes that have our federal government deeply in the hands of a minority party. ---
**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:** [October 6, 2018, 2:25pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6468 "2018-10-06T14:25:14Z")
Don’t forget he said “what comes around, goes around”. I expect consequences. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [October 6, 2018, 2:26pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6469 "2018-10-06T14:26:28Z")
That’s a point, though. We can’t oppose the people trying to destroy our country because that might piss them off, and then they will try to destroy our country! We should be nicer. Yeah, that’s the ticket! ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [October 6, 2018, 2:53pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6470 "2018-10-06T14:53:55Z")
> [@Fiveyearlurker](#): > > 2 out of 9 of the justices were put there by a president who lost the popular vote during the term that they were nominated, and a 3rd was put there by a president who initially lost the popular vote and wouldn’t have been in office otherwise. So, fully one third of the supreme court is there against the will of the majority of Americans. > > All three branches of government are now run by the party who gets fewer votes. That’s not sustainable, and the people can’t be faulted for starting to talk about extreme measures to counter that. I forgot that Bush nominated two justices. So, I have to correct this. It’s 4 out of 9 justices who will be there by a president who would not have been elected under popular voting. Argue that this is what the Constitution intended as much as you want, but there has never been a single justice previously who had this ignominious distinction, and now nearly half of the court will be there via this method. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [October 6, 2018, 3:02pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6471 "2018-10-06T15:02:14Z")
> [@Fear\_Itself](#): > > Democrats have been nuked repeatedly since 2000. What did you expect? Harry Reid and the Dems were the first ones to invoke the “nuclear option”. Hearing them whine about norms now is laughable. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [October 6, 2018, 3:15pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6472 "2018-10-06T15:15:24Z")
> [@Fiveyearlurker](#): > > … there has never been a single justice previously who had this ignominious distinction… False. John Quincy Adams won the election of 1824 despite garnering only 31% of the popular vote. In 1826 he nominated Robert Trimble to the Supreme Court, who served there until his death in 1828. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [October 6, 2018, 3:16pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6473 "2018-10-06T15:16:31Z")
> [@Fiveyearlurker](#): > > I forgot that Bush nominated two justices. So, I have to correct this. It’s 4 out of 9 justices who will be there by a president who would not have been elected under popular voting. You also forgot that both were nominted in his second term. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [October 6, 2018, 3:17pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6474 "2018-10-06T15:17:06Z")
> [@Velocity](#): > > Still brings us back to the same question each time, though: If Democrats pack a few more justices onto the Court, what prevents Republicans from packing far more when they get the chance to do so down the road? > [@Fear\_Itself](#): > > Democrats have been nuked repeatedly since 2000. What did you expect? > [@elucidator](#): > > That’s a point, though. We can’t oppose the people trying to destroy our country because that might piss them off, and then they will try to destroy our country! I endorse the sentiments of **Fear Itself** and **elucidator**. Sure, this could get into tit-for-tat, but that makes a hell of a lot more sense than making no meaningful responses when the other side repeatedly violates the norms. > [@HurricaneDitka](#): > > Harry Reid and the Dems were the first ones to invoke the “nuclear option”. Hearing them whine about norms now is laughable. Yeah, and he did that why? Because Mitch McConnell was filibustering ALL of Obama’s judicial nominees. Just straight, flat across the board. None shall pass. That’s the only time we actually responded in kind. Sure, that meant that we haven’t been able to filibuster any GOP nominees, but at least the GOP only had 2 years’ worth of vacancies to fill up, rather than 4+. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [October 6, 2018, 3:18pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6475 "2018-10-06T15:18:06Z")
> [@AK84](#): > > You also forgot that both were nominted in his second term. He wouldn’t have had a second term if he hadn’t had a first. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [October 6, 2018, 3:19pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6476 "2018-10-06T15:19:39Z")
> [@HurricaneDitka](#): > > False. John Quincy Adams won the election of 1824 despite garnering only 31% of the popular vote. In 1826 he nominated Robert Trimble to the Supreme Court, who served there until his death in 1828. OK, it hasn’t happened in nearly two centuries, since the early days of the Republic. Whatever, dude. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [October 6, 2018, 3:21pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6477 "2018-10-06T15:21:19Z")
> [@SamuelA](#): > > Or so **you think**. And I’m sure if a woman who you knew back in high school came out and said you **did** assault her one time. And you don’t even remember meeting her. You’d be totally cool and collected and wouldn’t get angry at the accusations, right? Actually, that would be kinda interesting, to find out her story of when and where this happened, who else was there, etc. First of all, I have never had even the briefest of alcohol-related blackouts, ever. Hell, I’ve never had a hangover. Second, I kept a pretty detailed journal during high school. Third, there are some other atypical details about my life back then that would probably trip up a prospective accuser. And fourth, I wasn’t an asshole in high school; there’s nobody who knew me back then who has reason to be pissed at me. I would certainly want to hire counsel, but the odds approach certainty that such a false accuser would trip herself up practically before she started. ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [October 6, 2018, 3:38pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6478 "2018-10-06T15:38:51Z")
> [@AK84](#): > > You also forgot that both were nominted in his second term. No I didn’t. Read what I wrote. The GOP seems to be rallying around this cowardly narrative that they believe Ford but don’t believe it was Kavanaugh. There is not a single one of them that actually believes this. ---
**Author:** ![2ManyTacos](https://avatars.discourse-cdn.com/v4/letter/2/3da27b/32.png) [@2ManyTacos](https://boards.straightdope.com/u/2ManyTacos)\ **Post date:** [October 6, 2018, 3:40pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6479 "2018-10-06T15:40:22Z")
As I have said earlier, the elevation of this illegitimate partisan hack to SCOTUS strongly increases the likelihood that Democrats are going to Court-pack the next time they have power. And if a future hypothetical SCOTUS decision declares that Medicare-for-all is unconstitutional? Hoooo-boy, there’s a roughly zero percent chance that any Democratic administration will tolerate such a decision, so expect either immediate Court-packing in response or whoever the POTUS is at such time to declare that the SC ruling is illegitimate and to continue implementation of the law. Seriously, people on the right are underestimating the fury on the left over the GOP’s SCOTUS shenanigans; the theft of Garland’s seat, the elevation of Neil fucking Gorsuch, and now the confirmation of this hack Kavanaugh in spite of all the credible allegations against him, nominated by a president under investigation for potentially colluding with a hostile foreign power to steal the 2016 election. That’s building the case for Democratic Court-packing right in front of our eyes. And I get that the Democrats’ respect for institutions means they’re a few cycles behind the GOP in terms of radicalization, but c’mon now, the Dems aren’t 1000 years behind the GOP on this, so it is not preposterous to anticipate dramatic responses to GOP tactics in the next few years. And if all of this leads to the end of judicial review, that’s a good thing! Yes, that means the end of rulings like Roe and Obergefell, but that also means no more obviously bullshit cases like any of the stupid anti-Obamacare lawsuits that have arisen over the past few years. If concern about GOP retaliation is the issue, well, that’s why the Dems should Court-pack at the same time that they ram through statehood of DC, Puerto Rico, Guam, American Samoa, and the Virgin Islands. Installing several more Democratic senators would make it much less likely that the GOP would regain a majority. ---
**Author:** ![MemoryLeak](https://avatars.discourse-cdn.com/v4/letter/m/6f9a4e/32.png) [@MemoryLeak](https://boards.straightdope.com/u/MemoryLeak)\ **Post date:** [October 6, 2018, 3:41pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6480 "2018-10-06T15:41:04Z")
> [@RTFirefly](#): > > Actually, that would be kinda interesting, to find out her story of when and where this happened, who else was there, etc. Preach it! And then when none of the people corroborate her story, … oh, wait a minute. That’s not good enough. They have to provide evidence that it didn’t happen. Darn it! ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [October 6, 2018, 3:50pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/6481 "2018-10-06T15:50:24Z")
> [@RTFirefly](#): > > OK, it hasn’t happened in nearly two centuries, since the early days of the Republic. Whatever, dude. This is false as well. Benjamin Harrison won the election of 1888 despite losing the popular vote. He appointed four justices to the Supreme Court: [ol] [li]David Josiah Brewer in 1889[/li][li]Henry Billings Brown in 1890[/li][li]George Shiras Jr. in 1892[/li][li]Howell Edmunds Jackson in 1893[/li][/ol] [Previous page](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733.md?page=323) [Next page](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733.md?page=325)