# 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:** 66

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**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [September 18, 2018, 2:24pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1301 "2018-09-18T14:24:47Z")

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> [@Bricker](#):
>
> Yup. I posted, then saw that, realized it was in fact consistent with one of her typical profiles, and zapped my post.

Ah, that explains it. Your post was still on my screen when I hit the quote button. Anyhow, looks like we agree at least on this much. 🙂

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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 18, 2018, 2:26pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1302 "2018-09-18T14:26:48Z")

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Never put your finger on the trigger until the gun has cleared the holster. Toe be, or not toe be, that is the question…

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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 18, 2018, 2:29pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1303 "2018-09-18T14:29:05Z")

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> [@RTFirefly](#):
>
> Who knew that in a hearing such as this, the questioners might want to thoroughly check out parts of his record which might be reasons he _shouldn’t_ be elevated to the Supreme Court?
> 
> Man, knock me over with a feather!

Is that why Feinstein kept it secret? So that they could thoroughly check it out?

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 18, 2018, 2:31pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1304 "2018-09-18T14:31:55Z")

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> [@RTFirefly](#):
>
> Yes, typical profile.
> 
> From Sandra Newman’s [original May 2017 piece](https://qz.com/980766/the-truth-about-false-rape-accusations/):

Although Ms. Newman’s article also says:

> [@](#):
>
> Let’s start with the idea that false rape accusations ruin lives, and are therefore a universal risk to men. Generally, feminists dismiss this idea by arguing that false accusations are rare—only between 2% and 10% of all reports are estimated to be false. **What’s equally important to know, however, is that false rape accusations almost never have serious consequences**.

(my emphasis)

And in the [case](http://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4334) I highlighted:

> [@](#):
>
> On June 23, 2008, the judge convicted Montgomery of forcible sodomy, aggravated sexual battery and sexual penetration with an object, saying the case was a “word against word situation.” Montgomery was sentenced to 45 years in prison, with all but 7-and-half years suspended.

Montgomery served four years in prison for a crime he did not commit.

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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 18, 2018, 2:33pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1305 "2018-09-18T14:33:08Z")

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> [@Shodan](#):
>
> I don’t believe as of this morning that Ms. Ford has agreed to appear before the committee.

Why? Her lawyer is on record, and it’s been widely reported, that Ford has agreed to it. And Grassley scheduled the session.

You think the lawyer is mistaken and that Grassely scheduled the session without an agreement from Ford?

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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 18, 2018, 2:36pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1306 "2018-09-18T14:36:35Z")

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> [@John\_Mace](#):
>
> Why? Her lawyer is on record, and it’s been widely reported, that Ford has agreed to it. And Grassley scheduled the session.
> 
> You think the lawyer is mistaken and that Grassely scheduled the session without an agreement from Ford?

> **[Grassley suggests last-minute Kavanaugh hearing could be canceled if accuser...](https://www.foxnews.com/politics/grassley-suggests-last-minute-kavanaugh-hearing-could-be-canceled-if-accuser-doesnt-accept-invite)**
>
> Senate Judiciary Committee Chairman Chuck Grassley on Tuesday raised the possibility that next week’s high-stakes open hearing to examine the sexual assault allegation against Supreme Court nominee Brett Kavanaugh could be canceled if the accuser...

If she wants to see her allegations considered by the Senate (well, committee at least) then she has a chance to do so.

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [September 18, 2018, 2:41pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1307 "2018-09-18T14:41:34Z")

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> [@HurricaneDitka](#):
>
> The first round of hearings demonstrated quite vividly that [DEL]Spartacus[/DEL] I mean the Dems, prefer the latter.

“No u” _again_? Really?

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**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [September 18, 2018, 2:45pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1308 "2018-09-18T14:45:04Z")

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> [@Bricker](#):
>
> Although Ms. Newman’s article also says:
> 
> (my emphasis)
> 
> And in the [case](http://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4334) I highlighted:
> 
> Montgomery served four years in prison for a crime he did not commit.

And??

You’re saying that a statement that false rape accusations **never** have serious consequences would be false. That’s not the statement she makes.

But none of that has any bearing on the thread topic. The worst that might happen to Kavanaugh on account of this is that he might not be elevated from a Circuit Court judgeship to the Supreme Court. And frankly, that’s not something we should be concerned about, any more than we should have been concerned about Merrick Garland’s personal feelings. We’re trying to do what’s right for the country. The nominee should be treated in a professional and civil manner, but that’s as much as we owe the nominee.

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**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [September 18, 2018, 2:46pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1309 "2018-09-18T14:46:30Z")

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> [@HurricaneDitka](#):
>
> Is that why Feinstein kept it secret? So that they could thoroughly check it out?

Wait, are you accusing the Dems of cherry-picking, or NOT cherry-picking? Make up your mind, OK?

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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 18, 2018, 2:50pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1310 "2018-09-18T14:50:10Z")

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I’m amused by the implication that possible mishandling by the minority party should result in the majority party refusing to investigate and consider an allegation of attempted rape against the nominee.

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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 18, 2018, 2:50pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1311 "2018-09-18T14:50:13Z")

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> [@RTFirefly](#):
>
> And??
> 
> You’re saying that a statement that false rape accusations **never** have serious consequences would be false. That’s not the statement she makes.

Agreed. She says it almost never happen. The fact that it happened once is not inconsistent with that statement.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [September 18, 2018, 2:55pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1312 "2018-09-18T14:55:01Z")

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> [@John\_Mace](#):
>
> Agreed. She says it almost never happen. The fact that it happened once is not inconsistent with that statement.

Agreed. I just found it amusing that the very case I had thought was inconsistent with one part of her typical profile ran counter to what she says are the vast majority of cases in another area. (Profile of the accuser vs. consequences to the accused.)

I might also quibble with her logic – she seems to define “serious consequences,” as convictions and imprisonment, since she rebuts the existence of serious consequences by pointing out exoneration data. But I’d aver that “serious consequences” is a phrase that could be fairly applied to the Duke lacrosse players, even though their experience is not cataloged by the exoneration database.

But yes, you’re right: she says “almost never,” and pointing out a single instance does nothing to falsify her claim.

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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 18, 2018, 2:58pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1313 "2018-09-18T14:58:05Z")

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> [@ElvisL1ves](#):
>
> “No u” _again_? Really?

On the question of theatrics? Damn straight.

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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 18, 2018, 3:00pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1314 "2018-09-18T15:00:34Z")

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> [@RTFirefly](#):
>
> Wait, are you accusing the Dems of cherry-picking, or NOT cherry-picking? Make up your mind, OK?

I was mostly referring to “theatrics” but there are certainly examples of cherry-picking as well.

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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 18, 2018, 3:01pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1315 "2018-09-18T15:01:40Z")

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> [@iiandyiiii](#):
>
> I’m amused by the implication that possible mishandling by the minority party should result in the majority party refusing to investigate and consider an allegation of attempted rape against the nominee.

So we’re back to just “possible” mishandling again. Disappointing.

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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 18, 2018, 3:02pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1316 "2018-09-18T15:02:55Z")

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> [@HurricaneDitka](#):
>
> [Grassley suggests last-minute Kavanaugh hearing could be canceled if accuser doesn’t accept invite | Fox News](http://www.foxnews.com/politics/2018/09/18/kavanaugh-accuser-has-not-yet-accepted-invitation-to-testify-before-congress.html)
> 
> If she wants to see her allegations considered by the Senate (well, committee at least) then she has a chance to do so.

It’s possible, but not likely, that Fox got it right and every other news outlet got it wrong. I guess we’ll see.

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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 18, 2018, 3:03pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1317 "2018-09-18T15:03:48Z")

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> [@HurricaneDitka](#):
>
> So we’re back to just “possible” mishandling again. Disappointing.

I understand (by your posts) that you’re much, much more interested by whatever bad things (not involving the physical mistreatment of women) Democratic Senators might have done in this instance than whether or not Kavanaugh attempted to rape someone. It continues to amuse me that you have no problem making this so clear for everyone to see.

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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 18, 2018, 3:06pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1318 "2018-09-18T15:06:40Z")

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So, “Spartacus” is biting wit? Or wit that bites? Tighty righty humor. Military intelligence and dodo droppings.

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**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [September 18, 2018, 3:06pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1319 "2018-09-18T15:06:52Z")

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> [@HurricaneDitka](#):
>
> I was mostly referring to “theatrics” but there are certainly examples of cherry-picking as well.

OK, so what does your latest example have to do with either one?

1. It was the opposite of cherry-picking until an Intercept piece and her colleagues’ demands forced Feinstein’s hand.

2. The history in (1) is well known and undercuts bogus claims of theatrics.

You’re welcome.

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**Author:** ![CaptMurdock](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/captmurdock/32/11736_2.png) [@CaptMurdock](https://boards.straightdope.com/u/CaptMurdock)\
**Post date:** [September 18, 2018, 3:10pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/1320 "2018-09-18T15:10:32Z")

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> [@Bricker](#):
>
> I might also quibble with her logic – she seems to define “serious consequences,” as convictions and imprisonment, since she rebuts the existence of serious consequences by pointing out exoneration data. But I’d aver that “serious consequences” is a phrase that could be fairly applied to the Duke lacrosse players, even though their experience is not cataloged by the exoneration database.
> 
> But yes, you’re right: she says “almost never,” and pointing out a single instance does nothing to falsify her claim.

When she said “false rape accusations almost never have serious consequences” is she talking about consequences for the _falsely accused_ or the\* false accuser?\*

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