Thursday, September 27, 2018

Best Option For GOP Is To Replace Kavanaugh


The accusations against Trump's Supreme Court nominee (Brett Kavanaugh) continue to multiply -- and they are serious accusations. If the Republicans were smart, they would dump Kavanaugh right now -- while there is still time to replace him with another nominee. But when was the last time they were smart?

Here is part of an excellent article by Nate Silver at fivethirtyeight.com:

The longer the GOP takes to replace Kavanaugh, the worse the timing problems become for them. If, say, the confirmation process on Kavanaugh drags out for another two weeks before he’s voted down or withdrawn, and then Trump takes another two weeks to choose a replacement because the overall process has become such a mess, then confirmation before the midterms would be extremely challenging. There also might not be enough time to seriously vet the new nominee before the lame-duck session, giving Republicans less margin for error then, too.
So why not just “plow right through” and vote to confirm Kavanaugh anyway, allegations and everything else aside? Although there’s a good chance McConnell is bluffing, that seems to be the current plan, with McConnell having promised a vote in the “near future” on Kavanaugh and no accusers other than Ford set to testify.
The problem is that this is an extremely live news story; with several new accusations having come out against Kavanaugh over the weekend and debates about the credibility of Ford’s allegations still ongoing. It’s hard to know what would happen to Kavanaugh if more accusations came out after he’d already been confirmed to the Supreme Court, but the possibilities include impeachment and serious long-term damage to the Court’s reputation — along with whatever additional price the GOP had to pay at the midterms. Even if the GOP were able to confirm Kavanaugh before the midterms this year, a landslide election could put the GOP in a considerably worse position to hold the Senate when other Supreme Court nominations come up in 2019 through 2024.
Put another way, there are huge risks to the GOP in both rushing to confirm Kavanaugh and in letting the process play out for several more weeks — which means that encouraging Kavanaugh to withdraw now, however painful it might be, is probably their least-worst option.
There is one other possibility, which is that McConnell — who reportedly didn’t want Kavanaugh to be chosen in the first place — could be rushing through the process in the hopes that Kavanaugh will be voted down (or forced to withdraw once it becomes clear that McConnell doesn’t have the votes). Back when Ford was Kavanaugh’s only accuser, this had seemed like a fairly likely exit strategy: The hearings would be engineered to allow Kavanaugh to save face, and perhaps to allow Republicans to stoke some grievances with their base. But wavering GOP senators such as Susan Collins and Jeff Flake would find some excuse to oppose his nomination and his nomination would be pulled. This scenario still seems like a distinct possibility — but the fact that the Kavanaugh story is developing so rapidly, with the stakes continuously increasing with every news cycle, could mean that McConnell is now pot-committed to the bluff even if he’d been hoping to keep his options open before.

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