The Top Five Shameful Ways Democrats Have Tried to Thwart Kavanaugh's Confirmation

Some people say we’re on the verge of another civil war. I think the Kavanaugh hearings have demonstrated that we’re already there. As nasty as politics gets, what we’ve been witnessing the past few weeks has left me more disenchanted than ever. Democrats are desperately trying to maintain their hold on the judicial branch. Since Donald Trump took office, almost every major policy decision he’s made has been met with court challenges, with radical activist judges taking it upon themselves to thwart Trump’s constitutional authority.

Democrats are also still licking their wounds over the inability to get Merrick Garland on the Supreme Court, and have used every dirty trick they can to thwart Brett Kavanaugh’s nomination, if not just delay it as long as possible.

Democrats have a history of changing rules to meet their immediate needs. When they were in the majority in the Senate, they nuked the filibuster, only to find out the hard way that that wasn’t such a great idea. But the Kavanaugh nomination has been an entirely different animal. They’re desperate and angry, and on a war footing, and it’s clear that they aren’t going to lose this battle with dignity.

I’ve compiled the top five ways Democrats have tried to justify delaying or thwarting Kavanaugh’s nomination.

5. Claiming  vote should be postponed until after the midterms

As I said before, Democrats are still upset that Merrick Garland never got a vote, and tried to use the election year excuse to justify postponing Kavanaugh’s confirmation until after the midterms. Back in June, it was still considered unlikely that Democrats would take back Senate. But, that chance was enough for them to claim that in order for Republicans to be consistent on election year Supreme Court nominations, Kavanaugh’s confirmation vote should not take place until after the midterms and the new Senate was seated.

“Our Republican colleagues in the Senate should follow the rule they set in 2016 — not to consider a Supreme Court justice in an election year,” said Senate Minority Leader Chuck Schumer.

Except it wasn’t their rule. It was Joe Biden’s rule. Back in June 1992, then-Senator Joe Biden gave a speech to argue that should a Supreme Court vacancy occur, a successor shouldn’t be picked until after the presidential election that November. “[I]t is my view that if a Supreme Court justice resigns tomorrow, or within the next several weeks, or resigns at the end of the summer, President Bush should consider following the practice of a majority of his predecessors and not — and not — name a nominee until after the November election is completed," Biden said.

Biden wasn’t talking about a midterm election, he was talking about a presidential election, and whether a president who might lose his election should potentially get to make a nomination to the Supreme Court before his fate was certain. Republicans cited the Biden Rule in 2016 to block Garland, but it wasn’t applicable with Kavanaugh. It was just another attempt by Democrats to claim the existence of some rule that was politically convenient for them.