The Senate Republicans treat Brett Kavanaugh’s confirmation as a life-or-death struggle. Does every political difference need to fall into bloodsport? We’ve watched Senators Mitch McConnell, Chuck Grassley, and Lindsey Gramm, especially, shouting red-faced at the cameras. And who can forget the nominee himself bellowing revenge threats under oath? Unless it’s all theater, they believe there’s no backing down for any reason, ever. Compromise is death. That’s odd since none of it’s true. As important as the truth is for the nation as a whole and the people involved, Kavanaugh and his nomination are not critical for Republicans.
I know that seems counterintuitive. Let’s go over the stakes.
Brett Kavanaugh was never a good Supreme Court nominee. That’s not (just) me saying that; it was the Republican conclusion. They knew he’d be difficult nomination to push through. It took Republicans two tries over three years to get Kavanaugh pushed up as far as the appellate court, a position he seemed ill-prepared to fill. After the last nomination, the Senate referring Kavanaugh’s name to the FBI for possible perjury charges. (The pessimistic Republican evaluations leaked early in the process.) None of them are surprised they’re struggling to push Kavanaugh higher.
So what are the stakes? Let’s start with Kavanaugh himself. What happens to him if the Senate won’t approve him? Is his life in smoking ruin the way he described? Not exactly. Yes, he’ll have to make do with his current job, but since that’s a lifetime appointment to the DC Court of Appeals (the second highest court of the land), Kavanaugh won’t be driven out of his home and forced into hiding. It may be personally embarrassing, but it is not critical to his well-being.
Is Kavanaugh the only viable Supreme Court nominee? Hardly. Trump already has his list of reliably conservative judges, many of whom might even be better human beings. Nobody expects Trump to nominate a moderate justice. Yes, the GOP might lose Kavanaugh’s peculiar legal prostration in front of his Republican President, but on all the other hot-button issues (limiting women’s and civil rights, LGBTQ restrictions, voter suppression, immigration persecution, expansive executive power, etc.), they can find someone just as reactionary as Justices Alito, Thomas, or Scalia, if they want. It’s not critical to this President.
What about the Senate? Is this nomination their only chance to fill that vacancy? No. Barring highly unlike changes, Republicans will hold the Presidency for at least two more years. Republicans will probably lose the House this election cycle, but almost certainly hold the Senate, which approves court nominations. This nomination is not critical to the Republican plans for this cycle or the Senate as a whole.
Is there a particular rush to complete this nomination? Again, no. Yes, the Republicans can expect to lose the House. They’ll probably keep their majority in the Senate, but anything’s possible. Still, none of those possibilities, no matter how unforeseen, will take effect until the new Congress is seated in mid-January 2019. The current Republican coup could have plenty of time to investigate Kavanaugh. They could pretend to be less self-destructive if they wanted. Even if the Senate rejects Kavanaugh after using up three more valuable days, the Trump Administration will have three more months left to rush through their next nominee and at least two more years of this Republican President. This timeline is invented, not critical.
So I’m confused. None of this bloody confirmation battle is as essential as Republicans pretend. Maybe they think this helps them? Otherwise, I don’t know why they’ve become so fanatically self-destructive.
At the same time, pay attention to the people in opposition. Most of the accusations and revelations are much, much more important to the people exposing themselves and their lives than Republicans will admit. That’s what makes Trump’s mockery so evil. Republicans and their operatives are already working to ruin most of their accusers along with anyone standing close by. They’ll try to destroy their opponents and even their purported friends (like Mark Judge). Who would hire someone after this, especially if they might draw years of partisan attacks in the future?

