Bloomberg: Brett Kavanaugh Is Cursed Either Way

He will not necessarily pay explicitly for whatever it was he did or didn’t do on that contested night long ago. Although if Christine Blasey Ford appears to testify before the Senate Judiciary Committee, and if she acquits herself credibly, then Kavanaugh is unlikely ever to sit on the Supreme Court – no matter what Senate Republican leader Mitch McConnell says.

Kavanaugh can wait to see if Ford’s allegations fall apart under questioning. It’s possible she’ll prove a jumble of contradictions. But from what we know so far, it’s hard to imagine she would. Ford doesn’t have to be sure of the color of paint on the wall 35 years ago. She only needs to be sure of the details of the attack as she has already described it.

Conservatives viewing her actions as a product of Democratic skulduggery fool themselves. Her allegations were problematic for Democratic Senator Dianne Feinstein, who first received them in confidence. If Democrats had plotted to weaponize the allegations for best effect, this late-inning muddle would not have resulted.

If McConnell is correct and Republicans manage to push Kavanaugh through to the high court, no matter what, Kavanaugh won’t be out of the woods.

This is not 1991, when Anita Hill accused soon-to-be Supreme Court Justice Clarence Thomas of sexual harassment. And Kavanaugh, the beneficiary of virtually every privilege that status and education can afford, is not Thomas.

Democrats in 1991 were already the party of feminists. But many of the Democratic men in Congress – Barbara Mikulski was the lone Democratic woman in the Senate – were just as doltish toward a female accuser as Republican senators are today.

That’s no longer the case. Democrats have four women on the Judiciary Committee, and the men are so different from the cast of 1991 that Senator Chris Coons of Delaware has publicly mused that maybe he should cede his committee time to his two female colleagues who are former prosecutors and superior interviewers.

More important, the Republican Party of 1991 is not the party of 2018. The party leader then was George H.W. Bush, a war hero with pronounced social graces. The current leader is a habitual liar and crude demagogue who has been accused of sexual predation by more than a dozen women while continuing to behave as cad-in-chief.

The GOP of 2018 views the Supreme Court differently as well. Republicans were not facing electoral attrition in those days, desperately trying to sabotage the future. Republicans had held the presidency for three terms and were on the verge of a historic victory in the House over a corrupt and complacent Democratic majority.

Now, Republicans are investing in a partisan court to deliver partisan outcomes to advance partisan goals that are insulated from democratic accountability, such as elections and popular opinion, which Republicans increasingly fear.