Inasmuch as I cannot think of anything else, I will
speculate on the possible outcomes of the Kavanaugh affair. Let us be clear: at this point all the
matters in the short run is three votes in the Senate: Manchin, Collins, Murkowsky [I assume Flake
will vote yes in the end, unless something turns up that derails the entire
matter.]
With that said, what are the short term and long term
possibilities?
1. Mark Judge caves
to the FBI and say that the event described by Ford occurred pretty much as she
described it. If Judge does that, I
predict that in his version of the event he is trying successfully to stop
Kavanaugh, not abetting him. If Judge
rats Kavanaugh out, I would expect Kavanaugh to get wind of the news and
withdraw his name from nomination before any thing comes out, angrily accusing
the world of destroying his life, his family, and his reputation. Behind the scenes he cuts a deal with
McConnell that he will withdraw and save the Republicans the political carnage
of a floor vote on condition that he keep his seat on the DC Circuit. I think this is a possibility, on which I can
put no estimate of likelihood.
2. The FBI
turns up all manner of slimy stuff, but nothing definitive. Then Murkowsky probably votes no, but
Collins? She is between a rock and a
hard place [assuming, as I do, that she has no actual conscience whatsoever.] I do not think she can get re-elected in 2020
if she votes yes, but she will be primaried if she votes no. Her best chance may be to vote no and appeal
to Maine Democrats to vote for her in the primary. She will make a cold eyed decision. If she votes no, so will Manchin. If she votes yes, Manchin will be free to
vote yes, because the nomination will go through regardless of how he votes. Once again, I cannot estimate the
probabilities.
3. The nomination
goes through. Kavanaugh immediately takes
his seat on the High Court, making his SCOTUS colleagues right and left
intensely uncomfortable behind their bland exteriors. At this point, I predict, we will see something
truly unprecedented. After Kavanaugh is
seated, a series of new allegations will surface. Large numbers of people who have known
Kavanaugh, both men and women, will tell credible stories about his appalling
behavior not just during his prep school and early college days but later in
his life as well. I am absolutely sure
such behavior exists and will come out.
The news media will not “move on.”
Remember, Kavanaugh will join the court the day after the vote, which
means four weeks before the election. He
will be the poster child for Democratic candidates campaigning for everything
from Governor and Senator to City Council and Dog Catcher. This will not die away. Impeaching and removing a Supreme Court
Justice is a non-starter. Can Kavanaugh
stand the heat? I do not know. Perhaps he and Thomas will form a small support
group for Supreme Court sexual abusers.
As the old Chinese curse has it, may you live in interesting times.