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To: conservatism_IS_compassion
McConnell doesn't have the votes any longer. He might have 47, but if he had a vote with only those locked up he'd lose 10-12 more ending up with a disasterous 35 or so for Kavenaugh.

Every senator up for reelection would bail.

26 posted on 09/25/2018 11:41:43 AM PDT by damper99 (pu)
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To: damper99
Be that as it may, there is no other way forward, since the Democrats obviously can and will mass-produce character assassinations of Judge Kavenaugh (or anyone else so situated).

If Judge Kavenaugh’s confirmation fails, that reflects on the character of any senator who votes against it - and on the character of anyone who subsequently votes for the reelection of that senator.

If Judge Kavenaugh’s confirmation fails, his only recourse will be to sue every participant in the assassination of his character. Trusting that by the time appeals reach SCOTUS, there will be a majority on SCOTUS to overturn NY v. Sullivan (or at least to carve out an exception to the “public figure” rule for a judge or any other nominee to SCOTUS). After all, the assassination of the character of Clarence Thomas and Brett Kavenaugh reflect directly on the reputation of SCOTUS itself - and the fact that everyone on Mr. Trump’s list might file a favorable amicus brief on that point wouldn’t hurt.

The lesson of this travesty is that the reputation of the Senate Judiciary Committee - and hence of the Senate itself - has been compromised. The Senate Judiciary Committee is not now serviceable in vetting a nominee for SCOTUS, since anyone whom POTUS Trump would consider nominating knows better than to submit his/her reputation to its process. And the Senate as a body is no more trustworthy in that role.

This means that any future Trump nominee for SCOTUS - for the Kennedy seat or any other - will insist that Mr. Trump obtain the advice of senators able to vouch for the confirmability of his nomination before he accepts the nomination. And that the full senate vote expeditiously on the confirmation of the nominee.


27 posted on 09/25/2018 1:40:14 PM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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To: damper99
Every senator up for reelection would bail.
There are only about eight Republican senators up for reelection this year.

But any Republican senator who votes against confirmation of Kavenaugh votes for cynicism, calumny, slander, and libel. I think every Republican who votes against confirmation takes a very serious risk of compromising turnout.


28 posted on 09/25/2018 1:50:20 PM PDT by conservatism_IS_compassion (Journalism promotes itself - and promotes big government - by speaking ill of society.)
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