Why Democrats Must Fight Kavanaugh’s Nomination

Jeffrey Toobin: “At some point in the process, all four of these nominees—Haynsworth, Carswell, Bork, and Ginsburg—seemed like shoo-ins for confirmation, much as Kavanaugh does today. And yet they were all defeated. And the Justices who took their places were closer to the judicial and political mainstream. To be sure, the analogies to Kavanaugh’s case can be overdrawn. The most obvious difference is that Democrats controlled the Senate when Nixon and Reagan made their nominations. And Nixon and Reagan were less right-wing than Trump has been, at least when it comes to judicial nominations. Trump and his allies can be expected to fight furiously for Kavanaugh precisely because Blackmun and Kennedy turned out to be more moderate than many anticipated.”

“Still, the current Republican margin in the Senate (owing to John McCain’s absence) is just a single vote, and Kavanaugh’s long paper trail, both as a judge and as a Republican political appointee, gives Democrats a great deal of material to exploit. Most of all, they need to remember that fighting Supreme Court nominees, even against formidable odds, can succeed—and produce a better Court than anyone might have expected.”