What do Democrats have to gain, politically, by preventing Brett Kavanaugh's appointment to the Supreme Court?

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From a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?










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    Comments are not for extended discussion; this conversation has been moved to chat.
    – Sam I am♦
    Sep 28 at 5:34






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    Consider the converse: What do Republicans have to gain by continuing to argue for Kavanaugh instead of rejecting him and moving to the next option on the list?
    – Walt
    Sep 28 at 17:47










  • Two questions asked, which question is the focus? Please clarify.
    – BobE
    Sep 28 at 20:10






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    @Walt If Republicans backed down immediately to accusations like this, that tendency to back down could theoretically be gamed by the Democrats.
    – Sam I am♦
    2 days ago














up vote
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From a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?










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    Comments are not for extended discussion; this conversation has been moved to chat.
    – Sam I am♦
    Sep 28 at 5:34






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    Consider the converse: What do Republicans have to gain by continuing to argue for Kavanaugh instead of rejecting him and moving to the next option on the list?
    – Walt
    Sep 28 at 17:47










  • Two questions asked, which question is the focus? Please clarify.
    – BobE
    Sep 28 at 20:10






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    @Walt If Republicans backed down immediately to accusations like this, that tendency to back down could theoretically be gamed by the Democrats.
    – Sam I am♦
    2 days ago












up vote
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up vote
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From a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?










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From a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?







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Physics-Compute

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    Comments are not for extended discussion; this conversation has been moved to chat.
    – Sam I am♦
    Sep 28 at 5:34






  • 32




    Consider the converse: What do Republicans have to gain by continuing to argue for Kavanaugh instead of rejecting him and moving to the next option on the list?
    – Walt
    Sep 28 at 17:47










  • Two questions asked, which question is the focus? Please clarify.
    – BobE
    Sep 28 at 20:10






  • 2




    @Walt If Republicans backed down immediately to accusations like this, that tendency to back down could theoretically be gamed by the Democrats.
    – Sam I am♦
    2 days ago












  • 1




    Comments are not for extended discussion; this conversation has been moved to chat.
    – Sam I am♦
    Sep 28 at 5:34






  • 32




    Consider the converse: What do Republicans have to gain by continuing to argue for Kavanaugh instead of rejecting him and moving to the next option on the list?
    – Walt
    Sep 28 at 17:47










  • Two questions asked, which question is the focus? Please clarify.
    – BobE
    Sep 28 at 20:10






  • 2




    @Walt If Republicans backed down immediately to accusations like this, that tendency to back down could theoretically be gamed by the Democrats.
    – Sam I am♦
    2 days ago







1




1




Comments are not for extended discussion; this conversation has been moved to chat.
– Sam I am♦
Sep 28 at 5:34




Comments are not for extended discussion; this conversation has been moved to chat.
– Sam I am♦
Sep 28 at 5:34




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32




Consider the converse: What do Republicans have to gain by continuing to argue for Kavanaugh instead of rejecting him and moving to the next option on the list?
– Walt
Sep 28 at 17:47




Consider the converse: What do Republicans have to gain by continuing to argue for Kavanaugh instead of rejecting him and moving to the next option on the list?
– Walt
Sep 28 at 17:47












Two questions asked, which question is the focus? Please clarify.
– BobE
Sep 28 at 20:10




Two questions asked, which question is the focus? Please clarify.
– BobE
Sep 28 at 20:10




2




2




@Walt If Republicans backed down immediately to accusations like this, that tendency to back down could theoretically be gamed by the Democrats.
– Sam I am♦
2 days ago




@Walt If Republicans backed down immediately to accusations like this, that tendency to back down could theoretically be gamed by the Democrats.
– Sam I am♦
2 days ago










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If senators can draw out the nomination process long enough, they have a chance of having a Democratic majority in the Senate during the next confirmation. Then Trump would have to nominate somebody that Democrats are happy with.






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    That's if they allow one at all. Some Democrats have suggested no Trump nominees would be acceptible
    – Machavity
    Sep 28 at 14:47






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    "Then Trump would have to nominate somebody that Democrats are happy with." - That's not entirely true. Just as we saw with Garland, the President can nominate the person they want, and Senate can just flounder on it. Then political games ensue, with everyone saying the other party isn't doing their job.
    – SnakeDoc
    Sep 28 at 17:36






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    @elliotsvensson It would be interesting to see Democrats attempt to stall a confirmation for over a 1+ years... the political flak to just confirm and move on with life would surely add up. It's entirely possible Republicans could ram through a conservative nominee this way.
    – SnakeDoc
    Sep 28 at 17:45






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    @BobE, "have a chance" implies speculation, too, I guess.
    – elliot svensson
    Sep 28 at 20:16






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    @SnakeDoc: But with a Senate majority (or even with a few sensible Republicans from "purple states"), stalling a confirmation isn't the Democrats' only option, They can simply vote to reject an unsatisfactory nominee.
    – jamesqf
    Sep 29 at 17:03

















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Expanding on Elliot's answer.



Even if rushed, there is a process to approving a President's nomination. Nominating and approving another person before the November election would be possible, but it would be tricky to do it that quickly.




Could Republicans really get Barrett or another nominee confirmed
before then? And if not, could they confirm her in the so-called
lame-duck session after the midterms but before the new Congress meets
on Jan. 3.



The answers are “possibly” and “probably” — but the timing is getting
dicier by the day.




(written on 9/25)



The Republicans right now just barely have a majority of the Senate. There's a Senate election in just 40 days. So there's a chance they could lose control of the Senate before anyone else could be nominated and voted on. If that were to happen, then the President would be forced to nominate someone who could get at least some Democratic support.



That being said, its not a great chance. Only about a third of Senate seats are up, and only about a third of those are held by Republicans. 538 currently gives the Democrats about 31.5% of taking control.



However, that's not too much longer odds than the Republicans faced in their gambit of refusing hearings for Merrick Garland, and they were lucky. Sometimes you beat the odds when you take these gambles, and if goodwill from the other side isn't a consideration (which its fair to say hasn't been a possibility during Mitch McConnell's entire chairmanship), there isn't much downside to not trying.






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  • Comments are not for extended discussion; this conversation has been moved to chat.
    – Philipp♦
    Sep 28 at 8:23






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    Also, don't underestimate the importance of following through on a tit-for-tat strategy. The GOP will see perverse incentives to keep obstructing judicial nominations if it doesn't come back to bite them (or at least threaten to).
    – nomen
    Sep 28 at 20:54






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    Even IF the Democrats take the Senate these coming midterms, they won’t actually be seated until January. Republicans could vote on and confirm a nominee in the interim, albeit not without some political blowback.
    – eggyal
    Sep 30 at 7:03






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    I asked a question about this before and the only answer was that a lame duck Senate session can confirm just as well. So there is no November deadline. Even if Republicans do lose, they can confirm someone after the election (with no political price to pay at that point).
    – grovkin
    Sep 30 at 9:27


















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Senators doing their job




the moral benefits of not having an accused sex offender on the Supreme Court.




That's not just a moral benefit, that's the senate's job. From senate.gov (emphasis is mine):




The Constitution grants unique powers to the Senate, allowing it to serve as the more deliberative legislative body and as a check on the executive and judicial branches by providing advice and consent on nominations and treaties.




"If he doesn't someone else will"




But from a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?




Yes, he will probably nominate someone else. Then the same procedure starts again and the senate will have to its job ("to provide a check on the executive and judicial branches by providing advice and consent on nominations") again.



The argument that rejecting this nominee is pointless because there will be another who may be equally bad sound a lot like “if I don't, someone else will”. That argument is discussed on the Philosophy Stack Exchange site. In this case, that argument undermines the senate's responsibility.






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    There are three issues that may be on the Supreme Court's docket that very well may spell the end of a political party: Gamble v. United States, the removal of Roe v. Wade, and the question of whether a sitting president can be convicted of a crime.



    1. Gamble v. United States is about the 'separate sovereign' issue, basically removing a form of double jeopardy across state and federal lines. This is of major interest to Republicans because it looks increasingly likely that Mueller's probe will end up indicting quite a few Senators, Representatives, and campaign people before it's over. While the President can pardon Federal crimes, he cannot pardon State crimes. Mueller is currently using this fact to compel testimony in order to increase the speed of his investigation. Republicans would much rather slow things down until Mueller can be fired.


    2. Roe v. Wade. Conservatives have been trying to stack the Supreme Court for Roe's overturn since Reagan nominated Rehnquist in the 80's. This excites the Republican base at a time where they need all the help they can get to avoid losing the Senate along with the House come November.


    3. At some point, is very likely that we will see federal charges levied against Trump by the Special Prosecutor, ranging anywhere from Obstruction of Justice to Tax Fraud to Seditious Conspiracy. Kavanaugh has publicly stated that he did not believe in indicting a sitting president.


    Unfortunately for the Republicans, it is nearly too late for them to find someone else for the Supreme Court before the Dems take both houses of Congress, and Trump has exerted a good amount of pressure on them to keep Kavanaugh, likely due to point three. This is a job interview, not a trial, and someone as unpopular as Kavanaugh would have been withdrawn weeks ago if it weren't for these three upcoming cases and the possibility of them tipping the Supreme Court Conservative.






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      Citation needed for #3. Charges have been right around the corner for two years.
      – TKK
      Oct 1 at 19:27






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      To bring a treason indictment, there would have to be probable cause that the person literally engaged in war against the United States or aided those doing so. This is literally defined by the Constitution itself. Sorry to be blunt, but a treason indictment has never been anything more than a fairy tale dream of leftists who are completely ignorant of the U.S. Constitution. (And any indictment at all of the President or a member of Congress from Mueller's probe is quite unlikely.)
      – reirab
      Oct 1 at 20:24







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      @DoctorDestructo Yes, it does. Article III, Section 3: "Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court." (Given the context of war, 'enemies' here wouldn't just mean "people we don't like," but rather "people engaged in war against us.")
      – reirab
      Oct 1 at 21:44







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      @reirab Our comments are bound to be deleted in short order, but I do think they (implicitly) suggest that an improvement to this answer is needed. People seem to be missing the main takeaway from point #3, which I think is the most important point, and is completely absent from the higher scoring answers. It might be helpful to remove the speculation about Mueller being fired and the likelihood of specific criminal charges, which are obviously distracting people from the actual point.
      – DoctorDestructo
      Oct 1 at 23:19







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      I have removed Mueller speculation and specified 'seditious conspiracy' rather than treason.
      – Carduus
      Oct 2 at 12:56

















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    This should be obvious, but in addition to the other reasons stated, even if the Republicans retain control of the U.S. Senate in the mid-term elections, if Democrats prevent Brett Kavanaugh from being appointed to the U.S. Supreme Court, then the seat will be filled by someone else nominated by President Trump instead.



    Brett Kavanaugh is a very undesirable candidate for this life long post in terms of his history of judicial decision making, his background as a very partisan Republican operative, and his personal character. The personal character issues include:



    • multiple accusations of sexual assault,

    • a history of misogyny in how he chooses and treats his clerks,

    • provable instances of lying under oath,

    • problems with alcohol overuse, and

    • problems with personal financial management.

    • He has a history of being a bully and a jerk in his personal life and that could influence how he acts with a powerful lifetime appointment in subtle ways.

    If Trump nominates a replacement candidate, that candidate would in all likelihood be better vetted and would be at least someone less obviously polarizing. Instead of a judge in the model of Justice Thomas, like Kavanaugh, Trump might nominate a judge more like Justice Roberts, for example. And, while a Justice Roberts clone would still be a profound disappointment to Democrats, a Justice like that would be far more attractive to Democrats than a Justice Kavanaugh.



    So, from the Democratic party's perspective, since no other nominee could be materially worse than Kavanaugh in their view, in a worse case scenario they postpone the addition of a bad new justice to the high court and deliver a defeat to the President, and in the best case scenario they also cause the addition of a less bad new justice to the high court.



    Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable.



    Realistically, not fighting the Kavanaugh nomination is the worst option available to the Democrats which provides them with no benefit whatsoever and would undermine their credibility as opponents of the regime and supporters of their principles. And, if they fail to strongly oppose his confirmation, they also set a precedent that would make it hard for Democrats to oppose future nominees who share similar personal or ideological flaws with Kavanaugh.






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    • Comments are not for extended discussion; this conversation has been moved to chat.
      – Sam I am♦
      Sep 30 at 16:35










    • Apologies for coming to this late but I'm not sure I understand "Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable." Are you suggesting that undesirable candidates should be attacked with claims of sexual assault? If not, what are you suggesting?
      – Philbo
      19 hours ago










    • @Philbo I am suggesting that they might learn how to mobilize opposition to a scandal prone nominee, whatever those scandals or flaws might be.
      – ohwilleke
      7 hours ago

















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    Victories are hard to come by for minority parties. By borking the nomination democrats "stand up" to Trump, which polls indicate most adults, if not likely voters want. There's the suburban women appeal of fighting an alleged abuser as well, and women are expected to be critical in the election.



    The flip side is what do they have to lose by not blocking it? Base motivation, which is crucial for midterms. As such, it's a win-win for the democrats to obstruct, regardless of the outcome.






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      Perhaps add a link to en.wikipedia.org/wiki/Robert_Bork#Bork_as_verb and/or an explanation, since readers may be unfamiliar with American politics from 30 years ago.
      – shoover
      Sep 27 at 20:45






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      Apparently they were able to find a third option yesterday of lose (as i win-win-lose). Suggest to update. See #WalkAway
      – Physics-Compute
      Sep 28 at 12:53







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      @Physics-Compute: I don't understand your point, can you please elaborate?
      – dandavis
      Sep 28 at 15:01






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      @shoover - Disagree. I think most people's usage of "bork" is not based on that, but on the Muppets' Swedish Chef, which predates that usage by 15+ years. See "bork bork bork".
      – William - Rem
      Sep 30 at 23:27






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      @William-Rem When used as a verb in the sense of thwarting a nomination to the Supreme Court, it is almost certainly a reference to Robert Bork.
      – shoover
      Oct 1 at 1:21

















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    Beside the (still relatively remote) hope to delay the process long enough for the next Senate to decide on it, there could be some benefits in forcing Republicans to take a stance on the Kavanaugh nomination and the accusations against him, a few months before elections. It might provide video clips to build ads, allow their opponents to pain them as insensitive to sexual assault victims or women in general, as hypocrites, etc.






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      correct, the sole reason is to delay ANY nominee until after they control the senate and can just block whomever Trump puts forward by their controlling number of votes.
      – jwenting
      Oct 2 at 5:16










    • @jwenting That's not what I am saying. Also, delaying this nominee until the Democrat control the senate (if they ever do) could also be a way to force Trump to name a slightly less partisan candidate, not necessarily to keep the seat open for two years (that's more in the Republicans' playbook...).
      – Relaxed
      2 days ago


















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    Political benefits and moral benefits are often one and the same. Preventing someone accused of sexual assault from being confirmed to the Supreme Court without a thorough investigation is itself a political gain.



    Because of this moral benefit, the optics of this situation favor the party that opposes confirming someone accused of such crimes without a full review.






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    • I think this answer is directly related to a recent politics.SE question about hypocrisy: politics.stackexchange.com/q/34010/10172
      – BurnsBA
      Sep 28 at 15:23






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      It's dubious whether it's a moral benefit (or even a long term political benefit) to establish a precedent that a nomination can be blocked by an accusation lacking evidence or arguably even credibility. But this still answers the question, because it does provide a short term political benefit.
      – TKK
      Oct 1 at 19:31

















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    Currently the Republicans have control of two of the branches of government (Executive and Legislative). If they pack the Supreme Court with partisan judges then they undermine the fundamental balance of power and the system of checks and balances.



    For example, suppose Congress makes an undemocratic (IE: tyrannical) law such as making Trump President for life and the Supreme court has a majority of right wing partisans. There will be and can be no challenge.



    In fact, Kavanaugh has already gone on record that the President should not be accountable to law (IE: he should be un-indictable) "so that he can concentrate on running the country". So if the court is packed with such judges the Republicans will be free to rig everything so that no one will ever be able to unseat their party, resist their tax manipulation to the benefit of plutocrats, etc.



    Basically our entire democracy (if you can call it that, with the Electoral College, gerrymandering and Russian interference) is on the line. The democrats have everything to lose - their very raison d'etre.






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      Well some manipulation such as gerrymandering would be (still) on the cards. I imagine that for something as extreme as appointing a president for life would be challenged by the pre-existing right wing partisians.
      – gmatht
      Sep 28 at 2:55






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      Except that having all three branches under the control of one party has already happened without significant consequences (FDR's rule is one example).
      – JonathanReez
      Sep 30 at 4:59






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      @JonathanReez Eh no. FDR led the country through the greatest destruction of the limitations on Federal Power. FDR's threats to the Supreme Court created decisions that empowered the Federal Government beyond the limits of enumerated powers in the Constitution, to include the creation of the General Welfare clause.
      – Drunk Cynic
      Sep 30 at 13:43






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      @JonathanReez Whether one likes him or hates him, it's quite a stretch to say that there were no "significant consequences" to FDR having the Congress and (through infamous threats of effectively taking over the judicial branch) the courts during his tenure. That was probably the single most significant period in American politics of the entire 20th century, leading to the creation of the welfare state and dramatic increase in the size and power of the government.
      – reirab
      Oct 1 at 20:42






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      @reirab yeah but democracy is alive and well in the US. And the United States went on to become the world's most powerful country during FDRs rule.
      – JonathanReez
      Oct 2 at 7:31

















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    There's a variety of political benefits, it's difficult to actually list them exhaustively:



    • It's the expected course of action for the party to oppose judges with Kavanaugh's ideology, so the base will reward/punish senators for their actions.

    • It's the expected course of action for the party to oppose nominees who are guilty of sexual harassment/assault, so the base will reward/punish senators for their actions. The treatment of political actors by their own party in such cases (when those people decide to "tough things out") is a form of branding. Moore and Franken are two recent examples that contrast with each other.

    • Delay of a confirmation allows the situation to change, the senate may flip after the election for example.

    • Successful withdrawal of the nomination is a political win and will energize the base while depressing turnout for the Republicans. This is the common wisdom at least, and can mirror what happened with the attempted ACA repeal.

    • Dragging out the process is helpful in energizing the base this close to an election, Kavanaugh is a historically unpopular nominee, keeping him in the news is good for the party as a whole.

    • Other potential nominees can be marginal or even significant improvements over Kavanaugh in a variety of ways. For example there were rumors that Trump wanted to nominate his own sister, who actually seems to quite moderate ideologically as a judge (compared to federalist society clones), and is quite old compared to Kavanaugh.

    • Other possible nominees can have their own weaknesses, allowing them to potentially be defeated in turn or forcing the Republicans into more moderate choices. For example, Barret is in a sect of Christianity where her title in church is literally "handmaiden" and her views on abortion are well known, Senator Collins would be incapable of pretending that she thinks Roe v. Wade is "settled law".

    • "Borking" Kavanaugh is very fitting since their disqualification (prior to the multiple sexual assault allegations) is that they were first highly partisan political operatives. Democrats would be insane to not oppose someone who is their self-admitted political foe. An enemy ideologue leads to unwanted policy outcomes, which can still serve to lead to political power. A powerful partisan enemy will always lead to the worst political outcome. Both parties can draw political power from Roe v. Wade for example, but it would be hard to find one Democrat who thinks Bush v. Gore lead to a good political outcome.





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      You've made several good points here, but I would caution against using the term "guilty" for someone who has not been charged and convicted. Whatever you or I think of Kavanaugh, a confirmation is not a trial.
      – Jon of All Trades
      Oct 1 at 16:08

















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    The Democrats have vowed to not allow ANY nominee put forward by President Trump to be confirmed.



    At the moment the only way they can do that is through the interminable smear campaigns we've seen waged against Justice Kavanaugh.



    Until a few years ago, when the fillibuster was removed as an option by the (then) democrat senate because they didn't want the Republicans to use it against them, that was their chosen tactic as it didn't make them look half as bad in the public eye.



    Their hope is that if they can delay the confirmation vote until after the midterm elections in November, they will have a majority in the senate and use that to just vote any nominee whatsoever into rejection, thus making it impossible for the President to appoint any justices (or indeed anyone in any position requiring a senate vote) at all until the 2020 presidential elections.



    That's the game, and they'll use whatever tactics they need to play it. This is not about Kavanaugh or Ford, Kavanaugh is an unfortunate victim and Ford a tool in their arsenal.
    This isn't about right or wrong, they couldn't care less whether Kavanaugh did what Ford claimed he did (which may or may not have any credibility, that too is irrelevant to them).
    All that matters to them is that this circus delays the confirmation vote, and they'll milk it until the vote has been lifted over the midterms.
    I wouldn't be at all surprised if the next scripted "accusations" are already sitting in some democrat senator's file folder, ready to be "revealed" the moment the FBI says there's nothing to prevent a confirmation vote, thus delaying things even further.






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      If senators can draw out the nomination process long enough, they have a chance of having a Democratic majority in the Senate during the next confirmation. Then Trump would have to nominate somebody that Democrats are happy with.






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        That's if they allow one at all. Some Democrats have suggested no Trump nominees would be acceptible
        – Machavity
        Sep 28 at 14:47






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        "Then Trump would have to nominate somebody that Democrats are happy with." - That's not entirely true. Just as we saw with Garland, the President can nominate the person they want, and Senate can just flounder on it. Then political games ensue, with everyone saying the other party isn't doing their job.
        – SnakeDoc
        Sep 28 at 17:36






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        @elliotsvensson It would be interesting to see Democrats attempt to stall a confirmation for over a 1+ years... the political flak to just confirm and move on with life would surely add up. It's entirely possible Republicans could ram through a conservative nominee this way.
        – SnakeDoc
        Sep 28 at 17:45






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        @BobE, "have a chance" implies speculation, too, I guess.
        – elliot svensson
        Sep 28 at 20:16






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        @SnakeDoc: But with a Senate majority (or even with a few sensible Republicans from "purple states"), stalling a confirmation isn't the Democrats' only option, They can simply vote to reject an unsatisfactory nominee.
        – jamesqf
        Sep 29 at 17:03














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      If senators can draw out the nomination process long enough, they have a chance of having a Democratic majority in the Senate during the next confirmation. Then Trump would have to nominate somebody that Democrats are happy with.






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        That's if they allow one at all. Some Democrats have suggested no Trump nominees would be acceptible
        – Machavity
        Sep 28 at 14:47






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        "Then Trump would have to nominate somebody that Democrats are happy with." - That's not entirely true. Just as we saw with Garland, the President can nominate the person they want, and Senate can just flounder on it. Then political games ensue, with everyone saying the other party isn't doing their job.
        – SnakeDoc
        Sep 28 at 17:36






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        @elliotsvensson It would be interesting to see Democrats attempt to stall a confirmation for over a 1+ years... the political flak to just confirm and move on with life would surely add up. It's entirely possible Republicans could ram through a conservative nominee this way.
        – SnakeDoc
        Sep 28 at 17:45






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        @BobE, "have a chance" implies speculation, too, I guess.
        – elliot svensson
        Sep 28 at 20:16






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        @SnakeDoc: But with a Senate majority (or even with a few sensible Republicans from "purple states"), stalling a confirmation isn't the Democrats' only option, They can simply vote to reject an unsatisfactory nominee.
        – jamesqf
        Sep 29 at 17:03












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      If senators can draw out the nomination process long enough, they have a chance of having a Democratic majority in the Senate during the next confirmation. Then Trump would have to nominate somebody that Democrats are happy with.






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      If senators can draw out the nomination process long enough, they have a chance of having a Democratic majority in the Senate during the next confirmation. Then Trump would have to nominate somebody that Democrats are happy with.







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      answered Sep 27 at 18:43









      elliot svensson

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        That's if they allow one at all. Some Democrats have suggested no Trump nominees would be acceptible
        – Machavity
        Sep 28 at 14:47






      • 9




        "Then Trump would have to nominate somebody that Democrats are happy with." - That's not entirely true. Just as we saw with Garland, the President can nominate the person they want, and Senate can just flounder on it. Then political games ensue, with everyone saying the other party isn't doing their job.
        – SnakeDoc
        Sep 28 at 17:36






      • 1




        @elliotsvensson It would be interesting to see Democrats attempt to stall a confirmation for over a 1+ years... the political flak to just confirm and move on with life would surely add up. It's entirely possible Republicans could ram through a conservative nominee this way.
        – SnakeDoc
        Sep 28 at 17:45






      • 1




        @BobE, "have a chance" implies speculation, too, I guess.
        – elliot svensson
        Sep 28 at 20:16






      • 2




        @SnakeDoc: But with a Senate majority (or even with a few sensible Republicans from "purple states"), stalling a confirmation isn't the Democrats' only option, They can simply vote to reject an unsatisfactory nominee.
        – jamesqf
        Sep 29 at 17:03












      • 23




        That's if they allow one at all. Some Democrats have suggested no Trump nominees would be acceptible
        – Machavity
        Sep 28 at 14:47






      • 9




        "Then Trump would have to nominate somebody that Democrats are happy with." - That's not entirely true. Just as we saw with Garland, the President can nominate the person they want, and Senate can just flounder on it. Then political games ensue, with everyone saying the other party isn't doing their job.
        – SnakeDoc
        Sep 28 at 17:36






      • 1




        @elliotsvensson It would be interesting to see Democrats attempt to stall a confirmation for over a 1+ years... the political flak to just confirm and move on with life would surely add up. It's entirely possible Republicans could ram through a conservative nominee this way.
        – SnakeDoc
        Sep 28 at 17:45






      • 1




        @BobE, "have a chance" implies speculation, too, I guess.
        – elliot svensson
        Sep 28 at 20:16






      • 2




        @SnakeDoc: But with a Senate majority (or even with a few sensible Republicans from "purple states"), stalling a confirmation isn't the Democrats' only option, They can simply vote to reject an unsatisfactory nominee.
        – jamesqf
        Sep 29 at 17:03







      23




      23




      That's if they allow one at all. Some Democrats have suggested no Trump nominees would be acceptible
      – Machavity
      Sep 28 at 14:47




      That's if they allow one at all. Some Democrats have suggested no Trump nominees would be acceptible
      – Machavity
      Sep 28 at 14:47




      9




      9




      "Then Trump would have to nominate somebody that Democrats are happy with." - That's not entirely true. Just as we saw with Garland, the President can nominate the person they want, and Senate can just flounder on it. Then political games ensue, with everyone saying the other party isn't doing their job.
      – SnakeDoc
      Sep 28 at 17:36




      "Then Trump would have to nominate somebody that Democrats are happy with." - That's not entirely true. Just as we saw with Garland, the President can nominate the person they want, and Senate can just flounder on it. Then political games ensue, with everyone saying the other party isn't doing their job.
      – SnakeDoc
      Sep 28 at 17:36




      1




      1




      @elliotsvensson It would be interesting to see Democrats attempt to stall a confirmation for over a 1+ years... the political flak to just confirm and move on with life would surely add up. It's entirely possible Republicans could ram through a conservative nominee this way.
      – SnakeDoc
      Sep 28 at 17:45




      @elliotsvensson It would be interesting to see Democrats attempt to stall a confirmation for over a 1+ years... the political flak to just confirm and move on with life would surely add up. It's entirely possible Republicans could ram through a conservative nominee this way.
      – SnakeDoc
      Sep 28 at 17:45




      1




      1




      @BobE, "have a chance" implies speculation, too, I guess.
      – elliot svensson
      Sep 28 at 20:16




      @BobE, "have a chance" implies speculation, too, I guess.
      – elliot svensson
      Sep 28 at 20:16




      2




      2




      @SnakeDoc: But with a Senate majority (or even with a few sensible Republicans from "purple states"), stalling a confirmation isn't the Democrats' only option, They can simply vote to reject an unsatisfactory nominee.
      – jamesqf
      Sep 29 at 17:03




      @SnakeDoc: But with a Senate majority (or even with a few sensible Republicans from "purple states"), stalling a confirmation isn't the Democrats' only option, They can simply vote to reject an unsatisfactory nominee.
      – jamesqf
      Sep 29 at 17:03










      up vote
      72
      down vote













      Expanding on Elliot's answer.



      Even if rushed, there is a process to approving a President's nomination. Nominating and approving another person before the November election would be possible, but it would be tricky to do it that quickly.




      Could Republicans really get Barrett or another nominee confirmed
      before then? And if not, could they confirm her in the so-called
      lame-duck session after the midterms but before the new Congress meets
      on Jan. 3.



      The answers are “possibly” and “probably” — but the timing is getting
      dicier by the day.




      (written on 9/25)



      The Republicans right now just barely have a majority of the Senate. There's a Senate election in just 40 days. So there's a chance they could lose control of the Senate before anyone else could be nominated and voted on. If that were to happen, then the President would be forced to nominate someone who could get at least some Democratic support.



      That being said, its not a great chance. Only about a third of Senate seats are up, and only about a third of those are held by Republicans. 538 currently gives the Democrats about 31.5% of taking control.



      However, that's not too much longer odds than the Republicans faced in their gambit of refusing hearings for Merrick Garland, and they were lucky. Sometimes you beat the odds when you take these gambles, and if goodwill from the other side isn't a consideration (which its fair to say hasn't been a possibility during Mitch McConnell's entire chairmanship), there isn't much downside to not trying.






      share|improve this answer






















      • Comments are not for extended discussion; this conversation has been moved to chat.
        – Philipp♦
        Sep 28 at 8:23






      • 15




        Also, don't underestimate the importance of following through on a tit-for-tat strategy. The GOP will see perverse incentives to keep obstructing judicial nominations if it doesn't come back to bite them (or at least threaten to).
        – nomen
        Sep 28 at 20:54






      • 2




        Even IF the Democrats take the Senate these coming midterms, they won’t actually be seated until January. Republicans could vote on and confirm a nominee in the interim, albeit not without some political blowback.
        – eggyal
        Sep 30 at 7:03






      • 1




        I asked a question about this before and the only answer was that a lame duck Senate session can confirm just as well. So there is no November deadline. Even if Republicans do lose, they can confirm someone after the election (with no political price to pay at that point).
        – grovkin
        Sep 30 at 9:27















      up vote
      72
      down vote













      Expanding on Elliot's answer.



      Even if rushed, there is a process to approving a President's nomination. Nominating and approving another person before the November election would be possible, but it would be tricky to do it that quickly.




      Could Republicans really get Barrett or another nominee confirmed
      before then? And if not, could they confirm her in the so-called
      lame-duck session after the midterms but before the new Congress meets
      on Jan. 3.



      The answers are “possibly” and “probably” — but the timing is getting
      dicier by the day.




      (written on 9/25)



      The Republicans right now just barely have a majority of the Senate. There's a Senate election in just 40 days. So there's a chance they could lose control of the Senate before anyone else could be nominated and voted on. If that were to happen, then the President would be forced to nominate someone who could get at least some Democratic support.



      That being said, its not a great chance. Only about a third of Senate seats are up, and only about a third of those are held by Republicans. 538 currently gives the Democrats about 31.5% of taking control.



      However, that's not too much longer odds than the Republicans faced in their gambit of refusing hearings for Merrick Garland, and they were lucky. Sometimes you beat the odds when you take these gambles, and if goodwill from the other side isn't a consideration (which its fair to say hasn't been a possibility during Mitch McConnell's entire chairmanship), there isn't much downside to not trying.






      share|improve this answer






















      • Comments are not for extended discussion; this conversation has been moved to chat.
        – Philipp♦
        Sep 28 at 8:23






      • 15




        Also, don't underestimate the importance of following through on a tit-for-tat strategy. The GOP will see perverse incentives to keep obstructing judicial nominations if it doesn't come back to bite them (or at least threaten to).
        – nomen
        Sep 28 at 20:54






      • 2




        Even IF the Democrats take the Senate these coming midterms, they won’t actually be seated until January. Republicans could vote on and confirm a nominee in the interim, albeit not without some political blowback.
        – eggyal
        Sep 30 at 7:03






      • 1




        I asked a question about this before and the only answer was that a lame duck Senate session can confirm just as well. So there is no November deadline. Even if Republicans do lose, they can confirm someone after the election (with no political price to pay at that point).
        – grovkin
        Sep 30 at 9:27













      up vote
      72
      down vote










      up vote
      72
      down vote









      Expanding on Elliot's answer.



      Even if rushed, there is a process to approving a President's nomination. Nominating and approving another person before the November election would be possible, but it would be tricky to do it that quickly.




      Could Republicans really get Barrett or another nominee confirmed
      before then? And if not, could they confirm her in the so-called
      lame-duck session after the midterms but before the new Congress meets
      on Jan. 3.



      The answers are “possibly” and “probably” — but the timing is getting
      dicier by the day.




      (written on 9/25)



      The Republicans right now just barely have a majority of the Senate. There's a Senate election in just 40 days. So there's a chance they could lose control of the Senate before anyone else could be nominated and voted on. If that were to happen, then the President would be forced to nominate someone who could get at least some Democratic support.



      That being said, its not a great chance. Only about a third of Senate seats are up, and only about a third of those are held by Republicans. 538 currently gives the Democrats about 31.5% of taking control.



      However, that's not too much longer odds than the Republicans faced in their gambit of refusing hearings for Merrick Garland, and they were lucky. Sometimes you beat the odds when you take these gambles, and if goodwill from the other side isn't a consideration (which its fair to say hasn't been a possibility during Mitch McConnell's entire chairmanship), there isn't much downside to not trying.






      share|improve this answer














      Expanding on Elliot's answer.



      Even if rushed, there is a process to approving a President's nomination. Nominating and approving another person before the November election would be possible, but it would be tricky to do it that quickly.




      Could Republicans really get Barrett or another nominee confirmed
      before then? And if not, could they confirm her in the so-called
      lame-duck session after the midterms but before the new Congress meets
      on Jan. 3.



      The answers are “possibly” and “probably” — but the timing is getting
      dicier by the day.




      (written on 9/25)



      The Republicans right now just barely have a majority of the Senate. There's a Senate election in just 40 days. So there's a chance they could lose control of the Senate before anyone else could be nominated and voted on. If that were to happen, then the President would be forced to nominate someone who could get at least some Democratic support.



      That being said, its not a great chance. Only about a third of Senate seats are up, and only about a third of those are held by Republicans. 538 currently gives the Democrats about 31.5% of taking control.



      However, that's not too much longer odds than the Republicans faced in their gambit of refusing hearings for Merrick Garland, and they were lucky. Sometimes you beat the odds when you take these gambles, and if goodwill from the other side isn't a consideration (which its fair to say hasn't been a possibility during Mitch McConnell's entire chairmanship), there isn't much downside to not trying.







      share|improve this answer














      share|improve this answer



      share|improve this answer








      edited Oct 2 at 10:06









      Mark Booth

      1053




      1053










      answered Sep 27 at 20:01









      T.E.D.

      5,2931327




      5,2931327











      • Comments are not for extended discussion; this conversation has been moved to chat.
        – Philipp♦
        Sep 28 at 8:23






      • 15




        Also, don't underestimate the importance of following through on a tit-for-tat strategy. The GOP will see perverse incentives to keep obstructing judicial nominations if it doesn't come back to bite them (or at least threaten to).
        – nomen
        Sep 28 at 20:54






      • 2




        Even IF the Democrats take the Senate these coming midterms, they won’t actually be seated until January. Republicans could vote on and confirm a nominee in the interim, albeit not without some political blowback.
        – eggyal
        Sep 30 at 7:03






      • 1




        I asked a question about this before and the only answer was that a lame duck Senate session can confirm just as well. So there is no November deadline. Even if Republicans do lose, they can confirm someone after the election (with no political price to pay at that point).
        – grovkin
        Sep 30 at 9:27

















      • Comments are not for extended discussion; this conversation has been moved to chat.
        – Philipp♦
        Sep 28 at 8:23






      • 15




        Also, don't underestimate the importance of following through on a tit-for-tat strategy. The GOP will see perverse incentives to keep obstructing judicial nominations if it doesn't come back to bite them (or at least threaten to).
        – nomen
        Sep 28 at 20:54






      • 2




        Even IF the Democrats take the Senate these coming midterms, they won’t actually be seated until January. Republicans could vote on and confirm a nominee in the interim, albeit not without some political blowback.
        – eggyal
        Sep 30 at 7:03






      • 1




        I asked a question about this before and the only answer was that a lame duck Senate session can confirm just as well. So there is no November deadline. Even if Republicans do lose, they can confirm someone after the election (with no political price to pay at that point).
        – grovkin
        Sep 30 at 9:27
















      Comments are not for extended discussion; this conversation has been moved to chat.
      – Philipp♦
      Sep 28 at 8:23




      Comments are not for extended discussion; this conversation has been moved to chat.
      – Philipp♦
      Sep 28 at 8:23




      15




      15




      Also, don't underestimate the importance of following through on a tit-for-tat strategy. The GOP will see perverse incentives to keep obstructing judicial nominations if it doesn't come back to bite them (or at least threaten to).
      – nomen
      Sep 28 at 20:54




      Also, don't underestimate the importance of following through on a tit-for-tat strategy. The GOP will see perverse incentives to keep obstructing judicial nominations if it doesn't come back to bite them (or at least threaten to).
      – nomen
      Sep 28 at 20:54




      2




      2




      Even IF the Democrats take the Senate these coming midterms, they won’t actually be seated until January. Republicans could vote on and confirm a nominee in the interim, albeit not without some political blowback.
      – eggyal
      Sep 30 at 7:03




      Even IF the Democrats take the Senate these coming midterms, they won’t actually be seated until January. Republicans could vote on and confirm a nominee in the interim, albeit not without some political blowback.
      – eggyal
      Sep 30 at 7:03




      1




      1




      I asked a question about this before and the only answer was that a lame duck Senate session can confirm just as well. So there is no November deadline. Even if Republicans do lose, they can confirm someone after the election (with no political price to pay at that point).
      – grovkin
      Sep 30 at 9:27





      I asked a question about this before and the only answer was that a lame duck Senate session can confirm just as well. So there is no November deadline. Even if Republicans do lose, they can confirm someone after the election (with no political price to pay at that point).
      – grovkin
      Sep 30 at 9:27











      up vote
      38
      down vote













      Senators doing their job




      the moral benefits of not having an accused sex offender on the Supreme Court.




      That's not just a moral benefit, that's the senate's job. From senate.gov (emphasis is mine):




      The Constitution grants unique powers to the Senate, allowing it to serve as the more deliberative legislative body and as a check on the executive and judicial branches by providing advice and consent on nominations and treaties.




      "If he doesn't someone else will"




      But from a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?




      Yes, he will probably nominate someone else. Then the same procedure starts again and the senate will have to its job ("to provide a check on the executive and judicial branches by providing advice and consent on nominations") again.



      The argument that rejecting this nominee is pointless because there will be another who may be equally bad sound a lot like “if I don't, someone else will”. That argument is discussed on the Philosophy Stack Exchange site. In this case, that argument undermines the senate's responsibility.






      share|improve this answer


























        up vote
        38
        down vote













        Senators doing their job




        the moral benefits of not having an accused sex offender on the Supreme Court.




        That's not just a moral benefit, that's the senate's job. From senate.gov (emphasis is mine):




        The Constitution grants unique powers to the Senate, allowing it to serve as the more deliberative legislative body and as a check on the executive and judicial branches by providing advice and consent on nominations and treaties.




        "If he doesn't someone else will"




        But from a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?




        Yes, he will probably nominate someone else. Then the same procedure starts again and the senate will have to its job ("to provide a check on the executive and judicial branches by providing advice and consent on nominations") again.



        The argument that rejecting this nominee is pointless because there will be another who may be equally bad sound a lot like “if I don't, someone else will”. That argument is discussed on the Philosophy Stack Exchange site. In this case, that argument undermines the senate's responsibility.






        share|improve this answer
























          up vote
          38
          down vote










          up vote
          38
          down vote









          Senators doing their job




          the moral benefits of not having an accused sex offender on the Supreme Court.




          That's not just a moral benefit, that's the senate's job. From senate.gov (emphasis is mine):




          The Constitution grants unique powers to the Senate, allowing it to serve as the more deliberative legislative body and as a check on the executive and judicial branches by providing advice and consent on nominations and treaties.




          "If he doesn't someone else will"




          But from a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?




          Yes, he will probably nominate someone else. Then the same procedure starts again and the senate will have to its job ("to provide a check on the executive and judicial branches by providing advice and consent on nominations") again.



          The argument that rejecting this nominee is pointless because there will be another who may be equally bad sound a lot like “if I don't, someone else will”. That argument is discussed on the Philosophy Stack Exchange site. In this case, that argument undermines the senate's responsibility.






          share|improve this answer














          Senators doing their job




          the moral benefits of not having an accused sex offender on the Supreme Court.




          That's not just a moral benefit, that's the senate's job. From senate.gov (emphasis is mine):




          The Constitution grants unique powers to the Senate, allowing it to serve as the more deliberative legislative body and as a check on the executive and judicial branches by providing advice and consent on nominations and treaties.




          "If he doesn't someone else will"




          But from a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?




          Yes, he will probably nominate someone else. Then the same procedure starts again and the senate will have to its job ("to provide a check on the executive and judicial branches by providing advice and consent on nominations") again.



          The argument that rejecting this nominee is pointless because there will be another who may be equally bad sound a lot like “if I don't, someone else will”. That argument is discussed on the Philosophy Stack Exchange site. In this case, that argument undermines the senate's responsibility.







          share|improve this answer














          share|improve this answer



          share|improve this answer








          edited Sep 28 at 0:47

























          answered Sep 27 at 21:29









          JJJ

          2,7531136




          2,7531136




















              up vote
              28
              down vote













              There are three issues that may be on the Supreme Court's docket that very well may spell the end of a political party: Gamble v. United States, the removal of Roe v. Wade, and the question of whether a sitting president can be convicted of a crime.



              1. Gamble v. United States is about the 'separate sovereign' issue, basically removing a form of double jeopardy across state and federal lines. This is of major interest to Republicans because it looks increasingly likely that Mueller's probe will end up indicting quite a few Senators, Representatives, and campaign people before it's over. While the President can pardon Federal crimes, he cannot pardon State crimes. Mueller is currently using this fact to compel testimony in order to increase the speed of his investigation. Republicans would much rather slow things down until Mueller can be fired.


              2. Roe v. Wade. Conservatives have been trying to stack the Supreme Court for Roe's overturn since Reagan nominated Rehnquist in the 80's. This excites the Republican base at a time where they need all the help they can get to avoid losing the Senate along with the House come November.


              3. At some point, is very likely that we will see federal charges levied against Trump by the Special Prosecutor, ranging anywhere from Obstruction of Justice to Tax Fraud to Seditious Conspiracy. Kavanaugh has publicly stated that he did not believe in indicting a sitting president.


              Unfortunately for the Republicans, it is nearly too late for them to find someone else for the Supreme Court before the Dems take both houses of Congress, and Trump has exerted a good amount of pressure on them to keep Kavanaugh, likely due to point three. This is a job interview, not a trial, and someone as unpopular as Kavanaugh would have been withdrawn weeks ago if it weren't for these three upcoming cases and the possibility of them tipping the Supreme Court Conservative.






              share|improve this answer


















              • 4




                Citation needed for #3. Charges have been right around the corner for two years.
                – TKK
                Oct 1 at 19:27






              • 2




                To bring a treason indictment, there would have to be probable cause that the person literally engaged in war against the United States or aided those doing so. This is literally defined by the Constitution itself. Sorry to be blunt, but a treason indictment has never been anything more than a fairy tale dream of leftists who are completely ignorant of the U.S. Constitution. (And any indictment at all of the President or a member of Congress from Mueller's probe is quite unlikely.)
                – reirab
                Oct 1 at 20:24







              • 1




                @DoctorDestructo Yes, it does. Article III, Section 3: "Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court." (Given the context of war, 'enemies' here wouldn't just mean "people we don't like," but rather "people engaged in war against us.")
                – reirab
                Oct 1 at 21:44







              • 1




                @reirab Our comments are bound to be deleted in short order, but I do think they (implicitly) suggest that an improvement to this answer is needed. People seem to be missing the main takeaway from point #3, which I think is the most important point, and is completely absent from the higher scoring answers. It might be helpful to remove the speculation about Mueller being fired and the likelihood of specific criminal charges, which are obviously distracting people from the actual point.
                – DoctorDestructo
                Oct 1 at 23:19







              • 1




                I have removed Mueller speculation and specified 'seditious conspiracy' rather than treason.
                – Carduus
                Oct 2 at 12:56














              up vote
              28
              down vote













              There are three issues that may be on the Supreme Court's docket that very well may spell the end of a political party: Gamble v. United States, the removal of Roe v. Wade, and the question of whether a sitting president can be convicted of a crime.



              1. Gamble v. United States is about the 'separate sovereign' issue, basically removing a form of double jeopardy across state and federal lines. This is of major interest to Republicans because it looks increasingly likely that Mueller's probe will end up indicting quite a few Senators, Representatives, and campaign people before it's over. While the President can pardon Federal crimes, he cannot pardon State crimes. Mueller is currently using this fact to compel testimony in order to increase the speed of his investigation. Republicans would much rather slow things down until Mueller can be fired.


              2. Roe v. Wade. Conservatives have been trying to stack the Supreme Court for Roe's overturn since Reagan nominated Rehnquist in the 80's. This excites the Republican base at a time where they need all the help they can get to avoid losing the Senate along with the House come November.


              3. At some point, is very likely that we will see federal charges levied against Trump by the Special Prosecutor, ranging anywhere from Obstruction of Justice to Tax Fraud to Seditious Conspiracy. Kavanaugh has publicly stated that he did not believe in indicting a sitting president.


              Unfortunately for the Republicans, it is nearly too late for them to find someone else for the Supreme Court before the Dems take both houses of Congress, and Trump has exerted a good amount of pressure on them to keep Kavanaugh, likely due to point three. This is a job interview, not a trial, and someone as unpopular as Kavanaugh would have been withdrawn weeks ago if it weren't for these three upcoming cases and the possibility of them tipping the Supreme Court Conservative.






              share|improve this answer


















              • 4




                Citation needed for #3. Charges have been right around the corner for two years.
                – TKK
                Oct 1 at 19:27






              • 2




                To bring a treason indictment, there would have to be probable cause that the person literally engaged in war against the United States or aided those doing so. This is literally defined by the Constitution itself. Sorry to be blunt, but a treason indictment has never been anything more than a fairy tale dream of leftists who are completely ignorant of the U.S. Constitution. (And any indictment at all of the President or a member of Congress from Mueller's probe is quite unlikely.)
                – reirab
                Oct 1 at 20:24







              • 1




                @DoctorDestructo Yes, it does. Article III, Section 3: "Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court." (Given the context of war, 'enemies' here wouldn't just mean "people we don't like," but rather "people engaged in war against us.")
                – reirab
                Oct 1 at 21:44







              • 1




                @reirab Our comments are bound to be deleted in short order, but I do think they (implicitly) suggest that an improvement to this answer is needed. People seem to be missing the main takeaway from point #3, which I think is the most important point, and is completely absent from the higher scoring answers. It might be helpful to remove the speculation about Mueller being fired and the likelihood of specific criminal charges, which are obviously distracting people from the actual point.
                – DoctorDestructo
                Oct 1 at 23:19







              • 1




                I have removed Mueller speculation and specified 'seditious conspiracy' rather than treason.
                – Carduus
                Oct 2 at 12:56












              up vote
              28
              down vote










              up vote
              28
              down vote









              There are three issues that may be on the Supreme Court's docket that very well may spell the end of a political party: Gamble v. United States, the removal of Roe v. Wade, and the question of whether a sitting president can be convicted of a crime.



              1. Gamble v. United States is about the 'separate sovereign' issue, basically removing a form of double jeopardy across state and federal lines. This is of major interest to Republicans because it looks increasingly likely that Mueller's probe will end up indicting quite a few Senators, Representatives, and campaign people before it's over. While the President can pardon Federal crimes, he cannot pardon State crimes. Mueller is currently using this fact to compel testimony in order to increase the speed of his investigation. Republicans would much rather slow things down until Mueller can be fired.


              2. Roe v. Wade. Conservatives have been trying to stack the Supreme Court for Roe's overturn since Reagan nominated Rehnquist in the 80's. This excites the Republican base at a time where they need all the help they can get to avoid losing the Senate along with the House come November.


              3. At some point, is very likely that we will see federal charges levied against Trump by the Special Prosecutor, ranging anywhere from Obstruction of Justice to Tax Fraud to Seditious Conspiracy. Kavanaugh has publicly stated that he did not believe in indicting a sitting president.


              Unfortunately for the Republicans, it is nearly too late for them to find someone else for the Supreme Court before the Dems take both houses of Congress, and Trump has exerted a good amount of pressure on them to keep Kavanaugh, likely due to point three. This is a job interview, not a trial, and someone as unpopular as Kavanaugh would have been withdrawn weeks ago if it weren't for these three upcoming cases and the possibility of them tipping the Supreme Court Conservative.






              share|improve this answer














              There are three issues that may be on the Supreme Court's docket that very well may spell the end of a political party: Gamble v. United States, the removal of Roe v. Wade, and the question of whether a sitting president can be convicted of a crime.



              1. Gamble v. United States is about the 'separate sovereign' issue, basically removing a form of double jeopardy across state and federal lines. This is of major interest to Republicans because it looks increasingly likely that Mueller's probe will end up indicting quite a few Senators, Representatives, and campaign people before it's over. While the President can pardon Federal crimes, he cannot pardon State crimes. Mueller is currently using this fact to compel testimony in order to increase the speed of his investigation. Republicans would much rather slow things down until Mueller can be fired.


              2. Roe v. Wade. Conservatives have been trying to stack the Supreme Court for Roe's overturn since Reagan nominated Rehnquist in the 80's. This excites the Republican base at a time where they need all the help they can get to avoid losing the Senate along with the House come November.


              3. At some point, is very likely that we will see federal charges levied against Trump by the Special Prosecutor, ranging anywhere from Obstruction of Justice to Tax Fraud to Seditious Conspiracy. Kavanaugh has publicly stated that he did not believe in indicting a sitting president.


              Unfortunately for the Republicans, it is nearly too late for them to find someone else for the Supreme Court before the Dems take both houses of Congress, and Trump has exerted a good amount of pressure on them to keep Kavanaugh, likely due to point three. This is a job interview, not a trial, and someone as unpopular as Kavanaugh would have been withdrawn weeks ago if it weren't for these three upcoming cases and the possibility of them tipping the Supreme Court Conservative.







              share|improve this answer














              share|improve this answer



              share|improve this answer








              edited Oct 2 at 12:55

























              answered Sep 27 at 19:20









              Carduus

              3,008618




              3,008618







              • 4




                Citation needed for #3. Charges have been right around the corner for two years.
                – TKK
                Oct 1 at 19:27






              • 2




                To bring a treason indictment, there would have to be probable cause that the person literally engaged in war against the United States or aided those doing so. This is literally defined by the Constitution itself. Sorry to be blunt, but a treason indictment has never been anything more than a fairy tale dream of leftists who are completely ignorant of the U.S. Constitution. (And any indictment at all of the President or a member of Congress from Mueller's probe is quite unlikely.)
                – reirab
                Oct 1 at 20:24







              • 1




                @DoctorDestructo Yes, it does. Article III, Section 3: "Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court." (Given the context of war, 'enemies' here wouldn't just mean "people we don't like," but rather "people engaged in war against us.")
                – reirab
                Oct 1 at 21:44







              • 1




                @reirab Our comments are bound to be deleted in short order, but I do think they (implicitly) suggest that an improvement to this answer is needed. People seem to be missing the main takeaway from point #3, which I think is the most important point, and is completely absent from the higher scoring answers. It might be helpful to remove the speculation about Mueller being fired and the likelihood of specific criminal charges, which are obviously distracting people from the actual point.
                – DoctorDestructo
                Oct 1 at 23:19







              • 1




                I have removed Mueller speculation and specified 'seditious conspiracy' rather than treason.
                – Carduus
                Oct 2 at 12:56












              • 4




                Citation needed for #3. Charges have been right around the corner for two years.
                – TKK
                Oct 1 at 19:27






              • 2




                To bring a treason indictment, there would have to be probable cause that the person literally engaged in war against the United States or aided those doing so. This is literally defined by the Constitution itself. Sorry to be blunt, but a treason indictment has never been anything more than a fairy tale dream of leftists who are completely ignorant of the U.S. Constitution. (And any indictment at all of the President or a member of Congress from Mueller's probe is quite unlikely.)
                – reirab
                Oct 1 at 20:24







              • 1




                @DoctorDestructo Yes, it does. Article III, Section 3: "Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court." (Given the context of war, 'enemies' here wouldn't just mean "people we don't like," but rather "people engaged in war against us.")
                – reirab
                Oct 1 at 21:44







              • 1




                @reirab Our comments are bound to be deleted in short order, but I do think they (implicitly) suggest that an improvement to this answer is needed. People seem to be missing the main takeaway from point #3, which I think is the most important point, and is completely absent from the higher scoring answers. It might be helpful to remove the speculation about Mueller being fired and the likelihood of specific criminal charges, which are obviously distracting people from the actual point.
                – DoctorDestructo
                Oct 1 at 23:19







              • 1




                I have removed Mueller speculation and specified 'seditious conspiracy' rather than treason.
                – Carduus
                Oct 2 at 12:56







              4




              4




              Citation needed for #3. Charges have been right around the corner for two years.
              – TKK
              Oct 1 at 19:27




              Citation needed for #3. Charges have been right around the corner for two years.
              – TKK
              Oct 1 at 19:27




              2




              2




              To bring a treason indictment, there would have to be probable cause that the person literally engaged in war against the United States or aided those doing so. This is literally defined by the Constitution itself. Sorry to be blunt, but a treason indictment has never been anything more than a fairy tale dream of leftists who are completely ignorant of the U.S. Constitution. (And any indictment at all of the President or a member of Congress from Mueller's probe is quite unlikely.)
              – reirab
              Oct 1 at 20:24





              To bring a treason indictment, there would have to be probable cause that the person literally engaged in war against the United States or aided those doing so. This is literally defined by the Constitution itself. Sorry to be blunt, but a treason indictment has never been anything more than a fairy tale dream of leftists who are completely ignorant of the U.S. Constitution. (And any indictment at all of the President or a member of Congress from Mueller's probe is quite unlikely.)
              – reirab
              Oct 1 at 20:24





              1




              1




              @DoctorDestructo Yes, it does. Article III, Section 3: "Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court." (Given the context of war, 'enemies' here wouldn't just mean "people we don't like," but rather "people engaged in war against us.")
              – reirab
              Oct 1 at 21:44





              @DoctorDestructo Yes, it does. Article III, Section 3: "Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court." (Given the context of war, 'enemies' here wouldn't just mean "people we don't like," but rather "people engaged in war against us.")
              – reirab
              Oct 1 at 21:44





              1




              1




              @reirab Our comments are bound to be deleted in short order, but I do think they (implicitly) suggest that an improvement to this answer is needed. People seem to be missing the main takeaway from point #3, which I think is the most important point, and is completely absent from the higher scoring answers. It might be helpful to remove the speculation about Mueller being fired and the likelihood of specific criminal charges, which are obviously distracting people from the actual point.
              – DoctorDestructo
              Oct 1 at 23:19





              @reirab Our comments are bound to be deleted in short order, but I do think they (implicitly) suggest that an improvement to this answer is needed. People seem to be missing the main takeaway from point #3, which I think is the most important point, and is completely absent from the higher scoring answers. It might be helpful to remove the speculation about Mueller being fired and the likelihood of specific criminal charges, which are obviously distracting people from the actual point.
              – DoctorDestructo
              Oct 1 at 23:19





              1




              1




              I have removed Mueller speculation and specified 'seditious conspiracy' rather than treason.
              – Carduus
              Oct 2 at 12:56




              I have removed Mueller speculation and specified 'seditious conspiracy' rather than treason.
              – Carduus
              Oct 2 at 12:56










              up vote
              24
              down vote













              This should be obvious, but in addition to the other reasons stated, even if the Republicans retain control of the U.S. Senate in the mid-term elections, if Democrats prevent Brett Kavanaugh from being appointed to the U.S. Supreme Court, then the seat will be filled by someone else nominated by President Trump instead.



              Brett Kavanaugh is a very undesirable candidate for this life long post in terms of his history of judicial decision making, his background as a very partisan Republican operative, and his personal character. The personal character issues include:



              • multiple accusations of sexual assault,

              • a history of misogyny in how he chooses and treats his clerks,

              • provable instances of lying under oath,

              • problems with alcohol overuse, and

              • problems with personal financial management.

              • He has a history of being a bully and a jerk in his personal life and that could influence how he acts with a powerful lifetime appointment in subtle ways.

              If Trump nominates a replacement candidate, that candidate would in all likelihood be better vetted and would be at least someone less obviously polarizing. Instead of a judge in the model of Justice Thomas, like Kavanaugh, Trump might nominate a judge more like Justice Roberts, for example. And, while a Justice Roberts clone would still be a profound disappointment to Democrats, a Justice like that would be far more attractive to Democrats than a Justice Kavanaugh.



              So, from the Democratic party's perspective, since no other nominee could be materially worse than Kavanaugh in their view, in a worse case scenario they postpone the addition of a bad new justice to the high court and deliver a defeat to the President, and in the best case scenario they also cause the addition of a less bad new justice to the high court.



              Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable.



              Realistically, not fighting the Kavanaugh nomination is the worst option available to the Democrats which provides them with no benefit whatsoever and would undermine their credibility as opponents of the regime and supporters of their principles. And, if they fail to strongly oppose his confirmation, they also set a precedent that would make it hard for Democrats to oppose future nominees who share similar personal or ideological flaws with Kavanaugh.






              share|improve this answer






















              • Comments are not for extended discussion; this conversation has been moved to chat.
                – Sam I am♦
                Sep 30 at 16:35










              • Apologies for coming to this late but I'm not sure I understand "Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable." Are you suggesting that undesirable candidates should be attacked with claims of sexual assault? If not, what are you suggesting?
                – Philbo
                19 hours ago










              • @Philbo I am suggesting that they might learn how to mobilize opposition to a scandal prone nominee, whatever those scandals or flaws might be.
                – ohwilleke
                7 hours ago














              up vote
              24
              down vote













              This should be obvious, but in addition to the other reasons stated, even if the Republicans retain control of the U.S. Senate in the mid-term elections, if Democrats prevent Brett Kavanaugh from being appointed to the U.S. Supreme Court, then the seat will be filled by someone else nominated by President Trump instead.



              Brett Kavanaugh is a very undesirable candidate for this life long post in terms of his history of judicial decision making, his background as a very partisan Republican operative, and his personal character. The personal character issues include:



              • multiple accusations of sexual assault,

              • a history of misogyny in how he chooses and treats his clerks,

              • provable instances of lying under oath,

              • problems with alcohol overuse, and

              • problems with personal financial management.

              • He has a history of being a bully and a jerk in his personal life and that could influence how he acts with a powerful lifetime appointment in subtle ways.

              If Trump nominates a replacement candidate, that candidate would in all likelihood be better vetted and would be at least someone less obviously polarizing. Instead of a judge in the model of Justice Thomas, like Kavanaugh, Trump might nominate a judge more like Justice Roberts, for example. And, while a Justice Roberts clone would still be a profound disappointment to Democrats, a Justice like that would be far more attractive to Democrats than a Justice Kavanaugh.



              So, from the Democratic party's perspective, since no other nominee could be materially worse than Kavanaugh in their view, in a worse case scenario they postpone the addition of a bad new justice to the high court and deliver a defeat to the President, and in the best case scenario they also cause the addition of a less bad new justice to the high court.



              Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable.



              Realistically, not fighting the Kavanaugh nomination is the worst option available to the Democrats which provides them with no benefit whatsoever and would undermine their credibility as opponents of the regime and supporters of their principles. And, if they fail to strongly oppose his confirmation, they also set a precedent that would make it hard for Democrats to oppose future nominees who share similar personal or ideological flaws with Kavanaugh.






              share|improve this answer






















              • Comments are not for extended discussion; this conversation has been moved to chat.
                – Sam I am♦
                Sep 30 at 16:35










              • Apologies for coming to this late but I'm not sure I understand "Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable." Are you suggesting that undesirable candidates should be attacked with claims of sexual assault? If not, what are you suggesting?
                – Philbo
                19 hours ago










              • @Philbo I am suggesting that they might learn how to mobilize opposition to a scandal prone nominee, whatever those scandals or flaws might be.
                – ohwilleke
                7 hours ago












              up vote
              24
              down vote










              up vote
              24
              down vote









              This should be obvious, but in addition to the other reasons stated, even if the Republicans retain control of the U.S. Senate in the mid-term elections, if Democrats prevent Brett Kavanaugh from being appointed to the U.S. Supreme Court, then the seat will be filled by someone else nominated by President Trump instead.



              Brett Kavanaugh is a very undesirable candidate for this life long post in terms of his history of judicial decision making, his background as a very partisan Republican operative, and his personal character. The personal character issues include:



              • multiple accusations of sexual assault,

              • a history of misogyny in how he chooses and treats his clerks,

              • provable instances of lying under oath,

              • problems with alcohol overuse, and

              • problems with personal financial management.

              • He has a history of being a bully and a jerk in his personal life and that could influence how he acts with a powerful lifetime appointment in subtle ways.

              If Trump nominates a replacement candidate, that candidate would in all likelihood be better vetted and would be at least someone less obviously polarizing. Instead of a judge in the model of Justice Thomas, like Kavanaugh, Trump might nominate a judge more like Justice Roberts, for example. And, while a Justice Roberts clone would still be a profound disappointment to Democrats, a Justice like that would be far more attractive to Democrats than a Justice Kavanaugh.



              So, from the Democratic party's perspective, since no other nominee could be materially worse than Kavanaugh in their view, in a worse case scenario they postpone the addition of a bad new justice to the high court and deliver a defeat to the President, and in the best case scenario they also cause the addition of a less bad new justice to the high court.



              Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable.



              Realistically, not fighting the Kavanaugh nomination is the worst option available to the Democrats which provides them with no benefit whatsoever and would undermine their credibility as opponents of the regime and supporters of their principles. And, if they fail to strongly oppose his confirmation, they also set a precedent that would make it hard for Democrats to oppose future nominees who share similar personal or ideological flaws with Kavanaugh.






              share|improve this answer














              This should be obvious, but in addition to the other reasons stated, even if the Republicans retain control of the U.S. Senate in the mid-term elections, if Democrats prevent Brett Kavanaugh from being appointed to the U.S. Supreme Court, then the seat will be filled by someone else nominated by President Trump instead.



              Brett Kavanaugh is a very undesirable candidate for this life long post in terms of his history of judicial decision making, his background as a very partisan Republican operative, and his personal character. The personal character issues include:



              • multiple accusations of sexual assault,

              • a history of misogyny in how he chooses and treats his clerks,

              • provable instances of lying under oath,

              • problems with alcohol overuse, and

              • problems with personal financial management.

              • He has a history of being a bully and a jerk in his personal life and that could influence how he acts with a powerful lifetime appointment in subtle ways.

              If Trump nominates a replacement candidate, that candidate would in all likelihood be better vetted and would be at least someone less obviously polarizing. Instead of a judge in the model of Justice Thomas, like Kavanaugh, Trump might nominate a judge more like Justice Roberts, for example. And, while a Justice Roberts clone would still be a profound disappointment to Democrats, a Justice like that would be far more attractive to Democrats than a Justice Kavanaugh.



              So, from the Democratic party's perspective, since no other nominee could be materially worse than Kavanaugh in their view, in a worse case scenario they postpone the addition of a bad new justice to the high court and deliver a defeat to the President, and in the best case scenario they also cause the addition of a less bad new justice to the high court.



              Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable.



              Realistically, not fighting the Kavanaugh nomination is the worst option available to the Democrats which provides them with no benefit whatsoever and would undermine their credibility as opponents of the regime and supporters of their principles. And, if they fail to strongly oppose his confirmation, they also set a precedent that would make it hard for Democrats to oppose future nominees who share similar personal or ideological flaws with Kavanaugh.







              share|improve this answer














              share|improve this answer



              share|improve this answer








              edited Sep 30 at 10:29









              Paul Johnson

              3,79321220




              3,79321220










              answered Sep 27 at 20:45









              ohwilleke

              18.9k34583




              18.9k34583











              • Comments are not for extended discussion; this conversation has been moved to chat.
                – Sam I am♦
                Sep 30 at 16:35










              • Apologies for coming to this late but I'm not sure I understand "Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable." Are you suggesting that undesirable candidates should be attacked with claims of sexual assault? If not, what are you suggesting?
                – Philbo
                19 hours ago










              • @Philbo I am suggesting that they might learn how to mobilize opposition to a scandal prone nominee, whatever those scandals or flaws might be.
                – ohwilleke
                7 hours ago
















              • Comments are not for extended discussion; this conversation has been moved to chat.
                – Sam I am♦
                Sep 30 at 16:35










              • Apologies for coming to this late but I'm not sure I understand "Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable." Are you suggesting that undesirable candidates should be attacked with claims of sexual assault? If not, what are you suggesting?
                – Philbo
                19 hours ago










              • @Philbo I am suggesting that they might learn how to mobilize opposition to a scandal prone nominee, whatever those scandals or flaws might be.
                – ohwilleke
                7 hours ago















              Comments are not for extended discussion; this conversation has been moved to chat.
              – Sam I am♦
              Sep 30 at 16:35




              Comments are not for extended discussion; this conversation has been moved to chat.
              – Sam I am♦
              Sep 30 at 16:35












              Apologies for coming to this late but I'm not sure I understand "Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable." Are you suggesting that undesirable candidates should be attacked with claims of sexual assault? If not, what are you suggesting?
              – Philbo
              19 hours ago




              Apologies for coming to this late but I'm not sure I understand "Also, a success in defeating Justice Kavanaugh establishes a template that Democrats can follow in defeating future nominees to any kind of post who are particularly undesirable." Are you suggesting that undesirable candidates should be attacked with claims of sexual assault? If not, what are you suggesting?
              – Philbo
              19 hours ago












              @Philbo I am suggesting that they might learn how to mobilize opposition to a scandal prone nominee, whatever those scandals or flaws might be.
              – ohwilleke
              7 hours ago




              @Philbo I am suggesting that they might learn how to mobilize opposition to a scandal prone nominee, whatever those scandals or flaws might be.
              – ohwilleke
              7 hours ago










              up vote
              14
              down vote













              Victories are hard to come by for minority parties. By borking the nomination democrats "stand up" to Trump, which polls indicate most adults, if not likely voters want. There's the suburban women appeal of fighting an alleged abuser as well, and women are expected to be critical in the election.



              The flip side is what do they have to lose by not blocking it? Base motivation, which is crucial for midterms. As such, it's a win-win for the democrats to obstruct, regardless of the outcome.






              share|improve this answer
















              • 13




                Perhaps add a link to en.wikipedia.org/wiki/Robert_Bork#Bork_as_verb and/or an explanation, since readers may be unfamiliar with American politics from 30 years ago.
                – shoover
                Sep 27 at 20:45






              • 2




                Apparently they were able to find a third option yesterday of lose (as i win-win-lose). Suggest to update. See #WalkAway
                – Physics-Compute
                Sep 28 at 12:53







              • 1




                @Physics-Compute: I don't understand your point, can you please elaborate?
                – dandavis
                Sep 28 at 15:01






              • 1




                @shoover - Disagree. I think most people's usage of "bork" is not based on that, but on the Muppets' Swedish Chef, which predates that usage by 15+ years. See "bork bork bork".
                – William - Rem
                Sep 30 at 23:27






              • 4




                @William-Rem When used as a verb in the sense of thwarting a nomination to the Supreme Court, it is almost certainly a reference to Robert Bork.
                – shoover
                Oct 1 at 1:21














              up vote
              14
              down vote













              Victories are hard to come by for minority parties. By borking the nomination democrats "stand up" to Trump, which polls indicate most adults, if not likely voters want. There's the suburban women appeal of fighting an alleged abuser as well, and women are expected to be critical in the election.



              The flip side is what do they have to lose by not blocking it? Base motivation, which is crucial for midterms. As such, it's a win-win for the democrats to obstruct, regardless of the outcome.






              share|improve this answer
















              • 13




                Perhaps add a link to en.wikipedia.org/wiki/Robert_Bork#Bork_as_verb and/or an explanation, since readers may be unfamiliar with American politics from 30 years ago.
                – shoover
                Sep 27 at 20:45






              • 2




                Apparently they were able to find a third option yesterday of lose (as i win-win-lose). Suggest to update. See #WalkAway
                – Physics-Compute
                Sep 28 at 12:53







              • 1




                @Physics-Compute: I don't understand your point, can you please elaborate?
                – dandavis
                Sep 28 at 15:01






              • 1




                @shoover - Disagree. I think most people's usage of "bork" is not based on that, but on the Muppets' Swedish Chef, which predates that usage by 15+ years. See "bork bork bork".
                – William - Rem
                Sep 30 at 23:27






              • 4




                @William-Rem When used as a verb in the sense of thwarting a nomination to the Supreme Court, it is almost certainly a reference to Robert Bork.
                – shoover
                Oct 1 at 1:21












              up vote
              14
              down vote










              up vote
              14
              down vote









              Victories are hard to come by for minority parties. By borking the nomination democrats "stand up" to Trump, which polls indicate most adults, if not likely voters want. There's the suburban women appeal of fighting an alleged abuser as well, and women are expected to be critical in the election.



              The flip side is what do they have to lose by not blocking it? Base motivation, which is crucial for midterms. As such, it's a win-win for the democrats to obstruct, regardless of the outcome.






              share|improve this answer












              Victories are hard to come by for minority parties. By borking the nomination democrats "stand up" to Trump, which polls indicate most adults, if not likely voters want. There's the suburban women appeal of fighting an alleged abuser as well, and women are expected to be critical in the election.



              The flip side is what do they have to lose by not blocking it? Base motivation, which is crucial for midterms. As such, it's a win-win for the democrats to obstruct, regardless of the outcome.







              share|improve this answer












              share|improve this answer



              share|improve this answer










              answered Sep 27 at 19:54









              dandavis

              3856




              3856







              • 13




                Perhaps add a link to en.wikipedia.org/wiki/Robert_Bork#Bork_as_verb and/or an explanation, since readers may be unfamiliar with American politics from 30 years ago.
                – shoover
                Sep 27 at 20:45






              • 2




                Apparently they were able to find a third option yesterday of lose (as i win-win-lose). Suggest to update. See #WalkAway
                – Physics-Compute
                Sep 28 at 12:53







              • 1




                @Physics-Compute: I don't understand your point, can you please elaborate?
                – dandavis
                Sep 28 at 15:01






              • 1




                @shoover - Disagree. I think most people's usage of "bork" is not based on that, but on the Muppets' Swedish Chef, which predates that usage by 15+ years. See "bork bork bork".
                – William - Rem
                Sep 30 at 23:27






              • 4




                @William-Rem When used as a verb in the sense of thwarting a nomination to the Supreme Court, it is almost certainly a reference to Robert Bork.
                – shoover
                Oct 1 at 1:21












              • 13




                Perhaps add a link to en.wikipedia.org/wiki/Robert_Bork#Bork_as_verb and/or an explanation, since readers may be unfamiliar with American politics from 30 years ago.
                – shoover
                Sep 27 at 20:45






              • 2




                Apparently they were able to find a third option yesterday of lose (as i win-win-lose). Suggest to update. See #WalkAway
                – Physics-Compute
                Sep 28 at 12:53







              • 1




                @Physics-Compute: I don't understand your point, can you please elaborate?
                – dandavis
                Sep 28 at 15:01






              • 1




                @shoover - Disagree. I think most people's usage of "bork" is not based on that, but on the Muppets' Swedish Chef, which predates that usage by 15+ years. See "bork bork bork".
                – William - Rem
                Sep 30 at 23:27






              • 4




                @William-Rem When used as a verb in the sense of thwarting a nomination to the Supreme Court, it is almost certainly a reference to Robert Bork.
                – shoover
                Oct 1 at 1:21







              13




              13




              Perhaps add a link to en.wikipedia.org/wiki/Robert_Bork#Bork_as_verb and/or an explanation, since readers may be unfamiliar with American politics from 30 years ago.
              – shoover
              Sep 27 at 20:45




              Perhaps add a link to en.wikipedia.org/wiki/Robert_Bork#Bork_as_verb and/or an explanation, since readers may be unfamiliar with American politics from 30 years ago.
              – shoover
              Sep 27 at 20:45




              2




              2




              Apparently they were able to find a third option yesterday of lose (as i win-win-lose). Suggest to update. See #WalkAway
              – Physics-Compute
              Sep 28 at 12:53





              Apparently they were able to find a third option yesterday of lose (as i win-win-lose). Suggest to update. See #WalkAway
              – Physics-Compute
              Sep 28 at 12:53





              1




              1




              @Physics-Compute: I don't understand your point, can you please elaborate?
              – dandavis
              Sep 28 at 15:01




              @Physics-Compute: I don't understand your point, can you please elaborate?
              – dandavis
              Sep 28 at 15:01




              1




              1




              @shoover - Disagree. I think most people's usage of "bork" is not based on that, but on the Muppets' Swedish Chef, which predates that usage by 15+ years. See "bork bork bork".
              – William - Rem
              Sep 30 at 23:27




              @shoover - Disagree. I think most people's usage of "bork" is not based on that, but on the Muppets' Swedish Chef, which predates that usage by 15+ years. See "bork bork bork".
              – William - Rem
              Sep 30 at 23:27




              4




              4




              @William-Rem When used as a verb in the sense of thwarting a nomination to the Supreme Court, it is almost certainly a reference to Robert Bork.
              – shoover
              Oct 1 at 1:21




              @William-Rem When used as a verb in the sense of thwarting a nomination to the Supreme Court, it is almost certainly a reference to Robert Bork.
              – shoover
              Oct 1 at 1:21










              up vote
              14
              down vote













              Beside the (still relatively remote) hope to delay the process long enough for the next Senate to decide on it, there could be some benefits in forcing Republicans to take a stance on the Kavanaugh nomination and the accusations against him, a few months before elections. It might provide video clips to build ads, allow their opponents to pain them as insensitive to sexual assault victims or women in general, as hypocrites, etc.






              share|improve this answer


















              • 1




                correct, the sole reason is to delay ANY nominee until after they control the senate and can just block whomever Trump puts forward by their controlling number of votes.
                – jwenting
                Oct 2 at 5:16










              • @jwenting That's not what I am saying. Also, delaying this nominee until the Democrat control the senate (if they ever do) could also be a way to force Trump to name a slightly less partisan candidate, not necessarily to keep the seat open for two years (that's more in the Republicans' playbook...).
                – Relaxed
                2 days ago















              up vote
              14
              down vote













              Beside the (still relatively remote) hope to delay the process long enough for the next Senate to decide on it, there could be some benefits in forcing Republicans to take a stance on the Kavanaugh nomination and the accusations against him, a few months before elections. It might provide video clips to build ads, allow their opponents to pain them as insensitive to sexual assault victims or women in general, as hypocrites, etc.






              share|improve this answer


















              • 1




                correct, the sole reason is to delay ANY nominee until after they control the senate and can just block whomever Trump puts forward by their controlling number of votes.
                – jwenting
                Oct 2 at 5:16










              • @jwenting That's not what I am saying. Also, delaying this nominee until the Democrat control the senate (if they ever do) could also be a way to force Trump to name a slightly less partisan candidate, not necessarily to keep the seat open for two years (that's more in the Republicans' playbook...).
                – Relaxed
                2 days ago













              up vote
              14
              down vote










              up vote
              14
              down vote









              Beside the (still relatively remote) hope to delay the process long enough for the next Senate to decide on it, there could be some benefits in forcing Republicans to take a stance on the Kavanaugh nomination and the accusations against him, a few months before elections. It might provide video clips to build ads, allow their opponents to pain them as insensitive to sexual assault victims or women in general, as hypocrites, etc.






              share|improve this answer














              Beside the (still relatively remote) hope to delay the process long enough for the next Senate to decide on it, there could be some benefits in forcing Republicans to take a stance on the Kavanaugh nomination and the accusations against him, a few months before elections. It might provide video clips to build ads, allow their opponents to pain them as insensitive to sexual assault victims or women in general, as hypocrites, etc.







              share|improve this answer














              share|improve this answer



              share|improve this answer








              edited Sep 27 at 21:16

























              answered Sep 27 at 19:12









              Relaxed

              15.9k3455




              15.9k3455







              • 1




                correct, the sole reason is to delay ANY nominee until after they control the senate and can just block whomever Trump puts forward by their controlling number of votes.
                – jwenting
                Oct 2 at 5:16










              • @jwenting That's not what I am saying. Also, delaying this nominee until the Democrat control the senate (if they ever do) could also be a way to force Trump to name a slightly less partisan candidate, not necessarily to keep the seat open for two years (that's more in the Republicans' playbook...).
                – Relaxed
                2 days ago













              • 1




                correct, the sole reason is to delay ANY nominee until after they control the senate and can just block whomever Trump puts forward by their controlling number of votes.
                – jwenting
                Oct 2 at 5:16










              • @jwenting That's not what I am saying. Also, delaying this nominee until the Democrat control the senate (if they ever do) could also be a way to force Trump to name a slightly less partisan candidate, not necessarily to keep the seat open for two years (that's more in the Republicans' playbook...).
                – Relaxed
                2 days ago








              1




              1




              correct, the sole reason is to delay ANY nominee until after they control the senate and can just block whomever Trump puts forward by their controlling number of votes.
              – jwenting
              Oct 2 at 5:16




              correct, the sole reason is to delay ANY nominee until after they control the senate and can just block whomever Trump puts forward by their controlling number of votes.
              – jwenting
              Oct 2 at 5:16












              @jwenting That's not what I am saying. Also, delaying this nominee until the Democrat control the senate (if they ever do) could also be a way to force Trump to name a slightly less partisan candidate, not necessarily to keep the seat open for two years (that's more in the Republicans' playbook...).
              – Relaxed
              2 days ago





              @jwenting That's not what I am saying. Also, delaying this nominee until the Democrat control the senate (if they ever do) could also be a way to force Trump to name a slightly less partisan candidate, not necessarily to keep the seat open for two years (that's more in the Republicans' playbook...).
              – Relaxed
              2 days ago











              up vote
              8
              down vote













              Political benefits and moral benefits are often one and the same. Preventing someone accused of sexual assault from being confirmed to the Supreme Court without a thorough investigation is itself a political gain.



              Because of this moral benefit, the optics of this situation favor the party that opposes confirming someone accused of such crimes without a full review.






              share|improve this answer




















              • I think this answer is directly related to a recent politics.SE question about hypocrisy: politics.stackexchange.com/q/34010/10172
                – BurnsBA
                Sep 28 at 15:23






              • 3




                It's dubious whether it's a moral benefit (or even a long term political benefit) to establish a precedent that a nomination can be blocked by an accusation lacking evidence or arguably even credibility. But this still answers the question, because it does provide a short term political benefit.
                – TKK
                Oct 1 at 19:31














              up vote
              8
              down vote













              Political benefits and moral benefits are often one and the same. Preventing someone accused of sexual assault from being confirmed to the Supreme Court without a thorough investigation is itself a political gain.



              Because of this moral benefit, the optics of this situation favor the party that opposes confirming someone accused of such crimes without a full review.






              share|improve this answer




















              • I think this answer is directly related to a recent politics.SE question about hypocrisy: politics.stackexchange.com/q/34010/10172
                – BurnsBA
                Sep 28 at 15:23






              • 3




                It's dubious whether it's a moral benefit (or even a long term political benefit) to establish a precedent that a nomination can be blocked by an accusation lacking evidence or arguably even credibility. But this still answers the question, because it does provide a short term political benefit.
                – TKK
                Oct 1 at 19:31












              up vote
              8
              down vote










              up vote
              8
              down vote









              Political benefits and moral benefits are often one and the same. Preventing someone accused of sexual assault from being confirmed to the Supreme Court without a thorough investigation is itself a political gain.



              Because of this moral benefit, the optics of this situation favor the party that opposes confirming someone accused of such crimes without a full review.






              share|improve this answer












              Political benefits and moral benefits are often one and the same. Preventing someone accused of sexual assault from being confirmed to the Supreme Court without a thorough investigation is itself a political gain.



              Because of this moral benefit, the optics of this situation favor the party that opposes confirming someone accused of such crimes without a full review.







              share|improve this answer












              share|improve this answer



              share|improve this answer










              answered Sep 28 at 0:28









              AquaticFire

              1,244139




              1,244139











              • I think this answer is directly related to a recent politics.SE question about hypocrisy: politics.stackexchange.com/q/34010/10172
                – BurnsBA
                Sep 28 at 15:23






              • 3




                It's dubious whether it's a moral benefit (or even a long term political benefit) to establish a precedent that a nomination can be blocked by an accusation lacking evidence or arguably even credibility. But this still answers the question, because it does provide a short term political benefit.
                – TKK
                Oct 1 at 19:31
















              • I think this answer is directly related to a recent politics.SE question about hypocrisy: politics.stackexchange.com/q/34010/10172
                – BurnsBA
                Sep 28 at 15:23






              • 3




                It's dubious whether it's a moral benefit (or even a long term political benefit) to establish a precedent that a nomination can be blocked by an accusation lacking evidence or arguably even credibility. But this still answers the question, because it does provide a short term political benefit.
                – TKK
                Oct 1 at 19:31















              I think this answer is directly related to a recent politics.SE question about hypocrisy: politics.stackexchange.com/q/34010/10172
              – BurnsBA
              Sep 28 at 15:23




              I think this answer is directly related to a recent politics.SE question about hypocrisy: politics.stackexchange.com/q/34010/10172
              – BurnsBA
              Sep 28 at 15:23




              3




              3




              It's dubious whether it's a moral benefit (or even a long term political benefit) to establish a precedent that a nomination can be blocked by an accusation lacking evidence or arguably even credibility. But this still answers the question, because it does provide a short term political benefit.
              – TKK
              Oct 1 at 19:31




              It's dubious whether it's a moral benefit (or even a long term political benefit) to establish a precedent that a nomination can be blocked by an accusation lacking evidence or arguably even credibility. But this still answers the question, because it does provide a short term political benefit.
              – TKK
              Oct 1 at 19:31










              up vote
              7
              down vote













              Currently the Republicans have control of two of the branches of government (Executive and Legislative). If they pack the Supreme Court with partisan judges then they undermine the fundamental balance of power and the system of checks and balances.



              For example, suppose Congress makes an undemocratic (IE: tyrannical) law such as making Trump President for life and the Supreme court has a majority of right wing partisans. There will be and can be no challenge.



              In fact, Kavanaugh has already gone on record that the President should not be accountable to law (IE: he should be un-indictable) "so that he can concentrate on running the country". So if the court is packed with such judges the Republicans will be free to rig everything so that no one will ever be able to unseat their party, resist their tax manipulation to the benefit of plutocrats, etc.



              Basically our entire democracy (if you can call it that, with the Electoral College, gerrymandering and Russian interference) is on the line. The democrats have everything to lose - their very raison d'etre.






              share|improve this answer
















              • 1




                Well some manipulation such as gerrymandering would be (still) on the cards. I imagine that for something as extreme as appointing a president for life would be challenged by the pre-existing right wing partisians.
                – gmatht
                Sep 28 at 2:55






              • 2




                Except that having all three branches under the control of one party has already happened without significant consequences (FDR's rule is one example).
                – JonathanReez
                Sep 30 at 4:59






              • 2




                @JonathanReez Eh no. FDR led the country through the greatest destruction of the limitations on Federal Power. FDR's threats to the Supreme Court created decisions that empowered the Federal Government beyond the limits of enumerated powers in the Constitution, to include the creation of the General Welfare clause.
                – Drunk Cynic
                Sep 30 at 13:43






              • 1




                @JonathanReez Whether one likes him or hates him, it's quite a stretch to say that there were no "significant consequences" to FDR having the Congress and (through infamous threats of effectively taking over the judicial branch) the courts during his tenure. That was probably the single most significant period in American politics of the entire 20th century, leading to the creation of the welfare state and dramatic increase in the size and power of the government.
                – reirab
                Oct 1 at 20:42






              • 1




                @reirab yeah but democracy is alive and well in the US. And the United States went on to become the world's most powerful country during FDRs rule.
                – JonathanReez
                Oct 2 at 7:31














              up vote
              7
              down vote













              Currently the Republicans have control of two of the branches of government (Executive and Legislative). If they pack the Supreme Court with partisan judges then they undermine the fundamental balance of power and the system of checks and balances.



              For example, suppose Congress makes an undemocratic (IE: tyrannical) law such as making Trump President for life and the Supreme court has a majority of right wing partisans. There will be and can be no challenge.



              In fact, Kavanaugh has already gone on record that the President should not be accountable to law (IE: he should be un-indictable) "so that he can concentrate on running the country". So if the court is packed with such judges the Republicans will be free to rig everything so that no one will ever be able to unseat their party, resist their tax manipulation to the benefit of plutocrats, etc.



              Basically our entire democracy (if you can call it that, with the Electoral College, gerrymandering and Russian interference) is on the line. The democrats have everything to lose - their very raison d'etre.






              share|improve this answer
















              • 1




                Well some manipulation such as gerrymandering would be (still) on the cards. I imagine that for something as extreme as appointing a president for life would be challenged by the pre-existing right wing partisians.
                – gmatht
                Sep 28 at 2:55






              • 2




                Except that having all three branches under the control of one party has already happened without significant consequences (FDR's rule is one example).
                – JonathanReez
                Sep 30 at 4:59






              • 2




                @JonathanReez Eh no. FDR led the country through the greatest destruction of the limitations on Federal Power. FDR's threats to the Supreme Court created decisions that empowered the Federal Government beyond the limits of enumerated powers in the Constitution, to include the creation of the General Welfare clause.
                – Drunk Cynic
                Sep 30 at 13:43






              • 1




                @JonathanReez Whether one likes him or hates him, it's quite a stretch to say that there were no "significant consequences" to FDR having the Congress and (through infamous threats of effectively taking over the judicial branch) the courts during his tenure. That was probably the single most significant period in American politics of the entire 20th century, leading to the creation of the welfare state and dramatic increase in the size and power of the government.
                – reirab
                Oct 1 at 20:42






              • 1




                @reirab yeah but democracy is alive and well in the US. And the United States went on to become the world's most powerful country during FDRs rule.
                – JonathanReez
                Oct 2 at 7:31












              up vote
              7
              down vote










              up vote
              7
              down vote









              Currently the Republicans have control of two of the branches of government (Executive and Legislative). If they pack the Supreme Court with partisan judges then they undermine the fundamental balance of power and the system of checks and balances.



              For example, suppose Congress makes an undemocratic (IE: tyrannical) law such as making Trump President for life and the Supreme court has a majority of right wing partisans. There will be and can be no challenge.



              In fact, Kavanaugh has already gone on record that the President should not be accountable to law (IE: he should be un-indictable) "so that he can concentrate on running the country". So if the court is packed with such judges the Republicans will be free to rig everything so that no one will ever be able to unseat their party, resist their tax manipulation to the benefit of plutocrats, etc.



              Basically our entire democracy (if you can call it that, with the Electoral College, gerrymandering and Russian interference) is on the line. The democrats have everything to lose - their very raison d'etre.






              share|improve this answer












              Currently the Republicans have control of two of the branches of government (Executive and Legislative). If they pack the Supreme Court with partisan judges then they undermine the fundamental balance of power and the system of checks and balances.



              For example, suppose Congress makes an undemocratic (IE: tyrannical) law such as making Trump President for life and the Supreme court has a majority of right wing partisans. There will be and can be no challenge.



              In fact, Kavanaugh has already gone on record that the President should not be accountable to law (IE: he should be un-indictable) "so that he can concentrate on running the country". So if the court is packed with such judges the Republicans will be free to rig everything so that no one will ever be able to unseat their party, resist their tax manipulation to the benefit of plutocrats, etc.



              Basically our entire democracy (if you can call it that, with the Electoral College, gerrymandering and Russian interference) is on the line. The democrats have everything to lose - their very raison d'etre.







              share|improve this answer












              share|improve this answer



              share|improve this answer










              answered Sep 28 at 0:53









              Ruminator

              35816




              35816







              • 1




                Well some manipulation such as gerrymandering would be (still) on the cards. I imagine that for something as extreme as appointing a president for life would be challenged by the pre-existing right wing partisians.
                – gmatht
                Sep 28 at 2:55






              • 2




                Except that having all three branches under the control of one party has already happened without significant consequences (FDR's rule is one example).
                – JonathanReez
                Sep 30 at 4:59






              • 2




                @JonathanReez Eh no. FDR led the country through the greatest destruction of the limitations on Federal Power. FDR's threats to the Supreme Court created decisions that empowered the Federal Government beyond the limits of enumerated powers in the Constitution, to include the creation of the General Welfare clause.
                – Drunk Cynic
                Sep 30 at 13:43






              • 1




                @JonathanReez Whether one likes him or hates him, it's quite a stretch to say that there were no "significant consequences" to FDR having the Congress and (through infamous threats of effectively taking over the judicial branch) the courts during his tenure. That was probably the single most significant period in American politics of the entire 20th century, leading to the creation of the welfare state and dramatic increase in the size and power of the government.
                – reirab
                Oct 1 at 20:42






              • 1




                @reirab yeah but democracy is alive and well in the US. And the United States went on to become the world's most powerful country during FDRs rule.
                – JonathanReez
                Oct 2 at 7:31












              • 1




                Well some manipulation such as gerrymandering would be (still) on the cards. I imagine that for something as extreme as appointing a president for life would be challenged by the pre-existing right wing partisians.
                – gmatht
                Sep 28 at 2:55






              • 2




                Except that having all three branches under the control of one party has already happened without significant consequences (FDR's rule is one example).
                – JonathanReez
                Sep 30 at 4:59






              • 2




                @JonathanReez Eh no. FDR led the country through the greatest destruction of the limitations on Federal Power. FDR's threats to the Supreme Court created decisions that empowered the Federal Government beyond the limits of enumerated powers in the Constitution, to include the creation of the General Welfare clause.
                – Drunk Cynic
                Sep 30 at 13:43






              • 1




                @JonathanReez Whether one likes him or hates him, it's quite a stretch to say that there were no "significant consequences" to FDR having the Congress and (through infamous threats of effectively taking over the judicial branch) the courts during his tenure. That was probably the single most significant period in American politics of the entire 20th century, leading to the creation of the welfare state and dramatic increase in the size and power of the government.
                – reirab
                Oct 1 at 20:42






              • 1




                @reirab yeah but democracy is alive and well in the US. And the United States went on to become the world's most powerful country during FDRs rule.
                – JonathanReez
                Oct 2 at 7:31







              1




              1




              Well some manipulation such as gerrymandering would be (still) on the cards. I imagine that for something as extreme as appointing a president for life would be challenged by the pre-existing right wing partisians.
              – gmatht
              Sep 28 at 2:55




              Well some manipulation such as gerrymandering would be (still) on the cards. I imagine that for something as extreme as appointing a president for life would be challenged by the pre-existing right wing partisians.
              – gmatht
              Sep 28 at 2:55




              2




              2




              Except that having all three branches under the control of one party has already happened without significant consequences (FDR's rule is one example).
              – JonathanReez
              Sep 30 at 4:59




              Except that having all three branches under the control of one party has already happened without significant consequences (FDR's rule is one example).
              – JonathanReez
              Sep 30 at 4:59




              2




              2




              @JonathanReez Eh no. FDR led the country through the greatest destruction of the limitations on Federal Power. FDR's threats to the Supreme Court created decisions that empowered the Federal Government beyond the limits of enumerated powers in the Constitution, to include the creation of the General Welfare clause.
              – Drunk Cynic
              Sep 30 at 13:43




              @JonathanReez Eh no. FDR led the country through the greatest destruction of the limitations on Federal Power. FDR's threats to the Supreme Court created decisions that empowered the Federal Government beyond the limits of enumerated powers in the Constitution, to include the creation of the General Welfare clause.
              – Drunk Cynic
              Sep 30 at 13:43




              1




              1




              @JonathanReez Whether one likes him or hates him, it's quite a stretch to say that there were no "significant consequences" to FDR having the Congress and (through infamous threats of effectively taking over the judicial branch) the courts during his tenure. That was probably the single most significant period in American politics of the entire 20th century, leading to the creation of the welfare state and dramatic increase in the size and power of the government.
              – reirab
              Oct 1 at 20:42




              @JonathanReez Whether one likes him or hates him, it's quite a stretch to say that there were no "significant consequences" to FDR having the Congress and (through infamous threats of effectively taking over the judicial branch) the courts during his tenure. That was probably the single most significant period in American politics of the entire 20th century, leading to the creation of the welfare state and dramatic increase in the size and power of the government.
              – reirab
              Oct 1 at 20:42




              1




              1




              @reirab yeah but democracy is alive and well in the US. And the United States went on to become the world's most powerful country during FDRs rule.
              – JonathanReez
              Oct 2 at 7:31




              @reirab yeah but democracy is alive and well in the US. And the United States went on to become the world's most powerful country during FDRs rule.
              – JonathanReez
              Oct 2 at 7:31










              up vote
              4
              down vote













              There's a variety of political benefits, it's difficult to actually list them exhaustively:



              • It's the expected course of action for the party to oppose judges with Kavanaugh's ideology, so the base will reward/punish senators for their actions.

              • It's the expected course of action for the party to oppose nominees who are guilty of sexual harassment/assault, so the base will reward/punish senators for their actions. The treatment of political actors by their own party in such cases (when those people decide to "tough things out") is a form of branding. Moore and Franken are two recent examples that contrast with each other.

              • Delay of a confirmation allows the situation to change, the senate may flip after the election for example.

              • Successful withdrawal of the nomination is a political win and will energize the base while depressing turnout for the Republicans. This is the common wisdom at least, and can mirror what happened with the attempted ACA repeal.

              • Dragging out the process is helpful in energizing the base this close to an election, Kavanaugh is a historically unpopular nominee, keeping him in the news is good for the party as a whole.

              • Other potential nominees can be marginal or even significant improvements over Kavanaugh in a variety of ways. For example there were rumors that Trump wanted to nominate his own sister, who actually seems to quite moderate ideologically as a judge (compared to federalist society clones), and is quite old compared to Kavanaugh.

              • Other possible nominees can have their own weaknesses, allowing them to potentially be defeated in turn or forcing the Republicans into more moderate choices. For example, Barret is in a sect of Christianity where her title in church is literally "handmaiden" and her views on abortion are well known, Senator Collins would be incapable of pretending that she thinks Roe v. Wade is "settled law".

              • "Borking" Kavanaugh is very fitting since their disqualification (prior to the multiple sexual assault allegations) is that they were first highly partisan political operatives. Democrats would be insane to not oppose someone who is their self-admitted political foe. An enemy ideologue leads to unwanted policy outcomes, which can still serve to lead to political power. A powerful partisan enemy will always lead to the worst political outcome. Both parties can draw political power from Roe v. Wade for example, but it would be hard to find one Democrat who thinks Bush v. Gore lead to a good political outcome.





              share|improve this answer
















              • 7




                You've made several good points here, but I would caution against using the term "guilty" for someone who has not been charged and convicted. Whatever you or I think of Kavanaugh, a confirmation is not a trial.
                – Jon of All Trades
                Oct 1 at 16:08














              up vote
              4
              down vote













              There's a variety of political benefits, it's difficult to actually list them exhaustively:



              • It's the expected course of action for the party to oppose judges with Kavanaugh's ideology, so the base will reward/punish senators for their actions.

              • It's the expected course of action for the party to oppose nominees who are guilty of sexual harassment/assault, so the base will reward/punish senators for their actions. The treatment of political actors by their own party in such cases (when those people decide to "tough things out") is a form of branding. Moore and Franken are two recent examples that contrast with each other.

              • Delay of a confirmation allows the situation to change, the senate may flip after the election for example.

              • Successful withdrawal of the nomination is a political win and will energize the base while depressing turnout for the Republicans. This is the common wisdom at least, and can mirror what happened with the attempted ACA repeal.

              • Dragging out the process is helpful in energizing the base this close to an election, Kavanaugh is a historically unpopular nominee, keeping him in the news is good for the party as a whole.

              • Other potential nominees can be marginal or even significant improvements over Kavanaugh in a variety of ways. For example there were rumors that Trump wanted to nominate his own sister, who actually seems to quite moderate ideologically as a judge (compared to federalist society clones), and is quite old compared to Kavanaugh.

              • Other possible nominees can have their own weaknesses, allowing them to potentially be defeated in turn or forcing the Republicans into more moderate choices. For example, Barret is in a sect of Christianity where her title in church is literally "handmaiden" and her views on abortion are well known, Senator Collins would be incapable of pretending that she thinks Roe v. Wade is "settled law".

              • "Borking" Kavanaugh is very fitting since their disqualification (prior to the multiple sexual assault allegations) is that they were first highly partisan political operatives. Democrats would be insane to not oppose someone who is their self-admitted political foe. An enemy ideologue leads to unwanted policy outcomes, which can still serve to lead to political power. A powerful partisan enemy will always lead to the worst political outcome. Both parties can draw political power from Roe v. Wade for example, but it would be hard to find one Democrat who thinks Bush v. Gore lead to a good political outcome.





              share|improve this answer
















              • 7




                You've made several good points here, but I would caution against using the term "guilty" for someone who has not been charged and convicted. Whatever you or I think of Kavanaugh, a confirmation is not a trial.
                – Jon of All Trades
                Oct 1 at 16:08












              up vote
              4
              down vote










              up vote
              4
              down vote









              There's a variety of political benefits, it's difficult to actually list them exhaustively:



              • It's the expected course of action for the party to oppose judges with Kavanaugh's ideology, so the base will reward/punish senators for their actions.

              • It's the expected course of action for the party to oppose nominees who are guilty of sexual harassment/assault, so the base will reward/punish senators for their actions. The treatment of political actors by their own party in such cases (when those people decide to "tough things out") is a form of branding. Moore and Franken are two recent examples that contrast with each other.

              • Delay of a confirmation allows the situation to change, the senate may flip after the election for example.

              • Successful withdrawal of the nomination is a political win and will energize the base while depressing turnout for the Republicans. This is the common wisdom at least, and can mirror what happened with the attempted ACA repeal.

              • Dragging out the process is helpful in energizing the base this close to an election, Kavanaugh is a historically unpopular nominee, keeping him in the news is good for the party as a whole.

              • Other potential nominees can be marginal or even significant improvements over Kavanaugh in a variety of ways. For example there were rumors that Trump wanted to nominate his own sister, who actually seems to quite moderate ideologically as a judge (compared to federalist society clones), and is quite old compared to Kavanaugh.

              • Other possible nominees can have their own weaknesses, allowing them to potentially be defeated in turn or forcing the Republicans into more moderate choices. For example, Barret is in a sect of Christianity where her title in church is literally "handmaiden" and her views on abortion are well known, Senator Collins would be incapable of pretending that she thinks Roe v. Wade is "settled law".

              • "Borking" Kavanaugh is very fitting since their disqualification (prior to the multiple sexual assault allegations) is that they were first highly partisan political operatives. Democrats would be insane to not oppose someone who is their self-admitted political foe. An enemy ideologue leads to unwanted policy outcomes, which can still serve to lead to political power. A powerful partisan enemy will always lead to the worst political outcome. Both parties can draw political power from Roe v. Wade for example, but it would be hard to find one Democrat who thinks Bush v. Gore lead to a good political outcome.





              share|improve this answer












              There's a variety of political benefits, it's difficult to actually list them exhaustively:



              • It's the expected course of action for the party to oppose judges with Kavanaugh's ideology, so the base will reward/punish senators for their actions.

              • It's the expected course of action for the party to oppose nominees who are guilty of sexual harassment/assault, so the base will reward/punish senators for their actions. The treatment of political actors by their own party in such cases (when those people decide to "tough things out") is a form of branding. Moore and Franken are two recent examples that contrast with each other.

              • Delay of a confirmation allows the situation to change, the senate may flip after the election for example.

              • Successful withdrawal of the nomination is a political win and will energize the base while depressing turnout for the Republicans. This is the common wisdom at least, and can mirror what happened with the attempted ACA repeal.

              • Dragging out the process is helpful in energizing the base this close to an election, Kavanaugh is a historically unpopular nominee, keeping him in the news is good for the party as a whole.

              • Other potential nominees can be marginal or even significant improvements over Kavanaugh in a variety of ways. For example there were rumors that Trump wanted to nominate his own sister, who actually seems to quite moderate ideologically as a judge (compared to federalist society clones), and is quite old compared to Kavanaugh.

              • Other possible nominees can have their own weaknesses, allowing them to potentially be defeated in turn or forcing the Republicans into more moderate choices. For example, Barret is in a sect of Christianity where her title in church is literally "handmaiden" and her views on abortion are well known, Senator Collins would be incapable of pretending that she thinks Roe v. Wade is "settled law".

              • "Borking" Kavanaugh is very fitting since their disqualification (prior to the multiple sexual assault allegations) is that they were first highly partisan political operatives. Democrats would be insane to not oppose someone who is their self-admitted political foe. An enemy ideologue leads to unwanted policy outcomes, which can still serve to lead to political power. A powerful partisan enemy will always lead to the worst political outcome. Both parties can draw political power from Roe v. Wade for example, but it would be hard to find one Democrat who thinks Bush v. Gore lead to a good political outcome.






              share|improve this answer












              share|improve this answer



              share|improve this answer










              answered Sep 30 at 9:11









              Teleka

              2,279520




              2,279520







              • 7




                You've made several good points here, but I would caution against using the term "guilty" for someone who has not been charged and convicted. Whatever you or I think of Kavanaugh, a confirmation is not a trial.
                – Jon of All Trades
                Oct 1 at 16:08












              • 7




                You've made several good points here, but I would caution against using the term "guilty" for someone who has not been charged and convicted. Whatever you or I think of Kavanaugh, a confirmation is not a trial.
                – Jon of All Trades
                Oct 1 at 16:08







              7




              7




              You've made several good points here, but I would caution against using the term "guilty" for someone who has not been charged and convicted. Whatever you or I think of Kavanaugh, a confirmation is not a trial.
              – Jon of All Trades
              Oct 1 at 16:08




              You've made several good points here, but I would caution against using the term "guilty" for someone who has not been charged and convicted. Whatever you or I think of Kavanaugh, a confirmation is not a trial.
              – Jon of All Trades
              Oct 1 at 16:08










              up vote
              3
              down vote













              The Democrats have vowed to not allow ANY nominee put forward by President Trump to be confirmed.



              At the moment the only way they can do that is through the interminable smear campaigns we've seen waged against Justice Kavanaugh.



              Until a few years ago, when the fillibuster was removed as an option by the (then) democrat senate because they didn't want the Republicans to use it against them, that was their chosen tactic as it didn't make them look half as bad in the public eye.



              Their hope is that if they can delay the confirmation vote until after the midterm elections in November, they will have a majority in the senate and use that to just vote any nominee whatsoever into rejection, thus making it impossible for the President to appoint any justices (or indeed anyone in any position requiring a senate vote) at all until the 2020 presidential elections.



              That's the game, and they'll use whatever tactics they need to play it. This is not about Kavanaugh or Ford, Kavanaugh is an unfortunate victim and Ford a tool in their arsenal.
              This isn't about right or wrong, they couldn't care less whether Kavanaugh did what Ford claimed he did (which may or may not have any credibility, that too is irrelevant to them).
              All that matters to them is that this circus delays the confirmation vote, and they'll milk it until the vote has been lifted over the midterms.
              I wouldn't be at all surprised if the next scripted "accusations" are already sitting in some democrat senator's file folder, ready to be "revealed" the moment the FBI says there's nothing to prevent a confirmation vote, thus delaying things even further.






              share|improve this answer
























                up vote
                3
                down vote













                The Democrats have vowed to not allow ANY nominee put forward by President Trump to be confirmed.



                At the moment the only way they can do that is through the interminable smear campaigns we've seen waged against Justice Kavanaugh.



                Until a few years ago, when the fillibuster was removed as an option by the (then) democrat senate because they didn't want the Republicans to use it against them, that was their chosen tactic as it didn't make them look half as bad in the public eye.



                Their hope is that if they can delay the confirmation vote until after the midterm elections in November, they will have a majority in the senate and use that to just vote any nominee whatsoever into rejection, thus making it impossible for the President to appoint any justices (or indeed anyone in any position requiring a senate vote) at all until the 2020 presidential elections.



                That's the game, and they'll use whatever tactics they need to play it. This is not about Kavanaugh or Ford, Kavanaugh is an unfortunate victim and Ford a tool in their arsenal.
                This isn't about right or wrong, they couldn't care less whether Kavanaugh did what Ford claimed he did (which may or may not have any credibility, that too is irrelevant to them).
                All that matters to them is that this circus delays the confirmation vote, and they'll milk it until the vote has been lifted over the midterms.
                I wouldn't be at all surprised if the next scripted "accusations" are already sitting in some democrat senator's file folder, ready to be "revealed" the moment the FBI says there's nothing to prevent a confirmation vote, thus delaying things even further.






                share|improve this answer






















                  up vote
                  3
                  down vote










                  up vote
                  3
                  down vote









                  The Democrats have vowed to not allow ANY nominee put forward by President Trump to be confirmed.



                  At the moment the only way they can do that is through the interminable smear campaigns we've seen waged against Justice Kavanaugh.



                  Until a few years ago, when the fillibuster was removed as an option by the (then) democrat senate because they didn't want the Republicans to use it against them, that was their chosen tactic as it didn't make them look half as bad in the public eye.



                  Their hope is that if they can delay the confirmation vote until after the midterm elections in November, they will have a majority in the senate and use that to just vote any nominee whatsoever into rejection, thus making it impossible for the President to appoint any justices (or indeed anyone in any position requiring a senate vote) at all until the 2020 presidential elections.



                  That's the game, and they'll use whatever tactics they need to play it. This is not about Kavanaugh or Ford, Kavanaugh is an unfortunate victim and Ford a tool in their arsenal.
                  This isn't about right or wrong, they couldn't care less whether Kavanaugh did what Ford claimed he did (which may or may not have any credibility, that too is irrelevant to them).
                  All that matters to them is that this circus delays the confirmation vote, and they'll milk it until the vote has been lifted over the midterms.
                  I wouldn't be at all surprised if the next scripted "accusations" are already sitting in some democrat senator's file folder, ready to be "revealed" the moment the FBI says there's nothing to prevent a confirmation vote, thus delaying things even further.






                  share|improve this answer












                  The Democrats have vowed to not allow ANY nominee put forward by President Trump to be confirmed.



                  At the moment the only way they can do that is through the interminable smear campaigns we've seen waged against Justice Kavanaugh.



                  Until a few years ago, when the fillibuster was removed as an option by the (then) democrat senate because they didn't want the Republicans to use it against them, that was their chosen tactic as it didn't make them look half as bad in the public eye.



                  Their hope is that if they can delay the confirmation vote until after the midterm elections in November, they will have a majority in the senate and use that to just vote any nominee whatsoever into rejection, thus making it impossible for the President to appoint any justices (or indeed anyone in any position requiring a senate vote) at all until the 2020 presidential elections.



                  That's the game, and they'll use whatever tactics they need to play it. This is not about Kavanaugh or Ford, Kavanaugh is an unfortunate victim and Ford a tool in their arsenal.
                  This isn't about right or wrong, they couldn't care less whether Kavanaugh did what Ford claimed he did (which may or may not have any credibility, that too is irrelevant to them).
                  All that matters to them is that this circus delays the confirmation vote, and they'll milk it until the vote has been lifted over the midterms.
                  I wouldn't be at all surprised if the next scripted "accusations" are already sitting in some democrat senator's file folder, ready to be "revealed" the moment the FBI says there's nothing to prevent a confirmation vote, thus delaying things even further.







                  share|improve this answer












                  share|improve this answer



                  share|improve this answer










                  answered Oct 2 at 5:23









                  jwenting

                  40323




                  40323















                      protected by yannis♦ Sep 28 at 20:12



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