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Wind back the clocks and imagine a scenario in which Democrats handled the Brett Kavanaugh Supreme Court nomination with class and the non-partisan fairness that was once associated with confirmations. President Trump announces his nomination. Senator Chuck Schumer declares his party will handle the nomination with proper due diligence and an open mind.
Senator Dianne Feinstein receives the accusations by Christine Blasey Ford. Her office does a standard credibility check, then by mid August takes the letter to the Senate Judicial Committee. The confirmation hearings and everything leading up to it are standard. There’s no “I am Spartacus” moment for Senator Cory Booker. No stall tactics, such as submitted an outrageous number of written questions to Kavanaugh, are used. When it appears Kavanaugh will fly through the process, Ford or her friends leak the accusations to the Washington Post in early-September.
The committee, which up until that point had handled the confirmation properly, must make a decision. Democrats recommend a hearing and a FBI investigation. Since it’s still early, Republicans have fewer reasons to push back. They risk looking like they’re trying to hide something because at that point in this fictional scenario, Democrats had treated the process in good faith.
From there, a variation of the circus we’re seeing today takes place, but with important differences. Instead of looking like this was all a conspiracy cooked up by Democrats, suddenly the Republicans look like the bad guys in the middle of a cover-up. Democrats can say they brought the initial accusation to the attention of their colleagues but nothing was done. They look like the good guys at that point. I don’t know if the results would change in this scenario, but I’d assume Kavanaugh’s chances of confirmation would be less than they are today.
In the actual scenario we’re experiencing now, Democrats have been acting like petulant children since his nomination was first announced. They used every tactic they could muster to delay the process and subvert the Senate as a whole. They attempted to make it a mockery in hopes that people would associate the dysfunction of Capitol Hill with the party in charge.
It was actually a pretty good plan coming from a party without the power to stop it all. Then the Ford accusations came to light and their previous choices helped frame the situation as just another variation of their subversion techniques.
If Democrats had done their job and been proper Senators from the beginning of the process, Ford’s accusation could have helped them. Instead, their previous actions tainted the accusation and prevented them from having an advantage going into the midterms.
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