Time is now the key factor in Kavanaugh’s Supreme Court confirmation

The allegations surrounding Brett Kavanaugh and his Supreme Court confirmation process have drawn attention not often paid to Senate proceedings. One law expert says there is a good reason for that.

Professor Ronald Collins teaches law at the University of Washington. He says the Kavanaugh conformation procedure has been “unprecedented” and “bizarre” in many respects on both sides of the aisle.

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“I think the only person who retained their calm, and demeanor and remained judicious was the person who was first testifying – Professor Ford,” he told KIRO Radio’s Dave Ross.

“I think (Kavanaugh) could have been firm and measured and thereby avoided any claims he was not being judicious or did not have the appropriate temperament,” he said. “At the end of the day what matters most is not any particular procedure, any particular law, or investigation. What matters at this point in time is time itself. The more the clock ticks, the more this nomination is in serious jeopardy.”

Supreme Court politics

Time will allow for more news stories and witness testimony – including any further claims about Kavanaugh’s drinking or alleged assaults. An FBI investigation has been approved to look into Kavanaugh this week ahead of a vote to send him to the Supreme Court.

“And that is probably why the White House strategy is to complete this investigation as soon as possible … after all, the White House controls the scope of this investigation,” Collins said.

At this point, it seems that about five witnesses will be involved in the investigation. Kavanaugh’s drinking history is off limits, however. The investigation could take only days before it goes to the White House for review. Procedural votes in the Senate could come as soon as Friday.

What is likely happening, Collins said, is a balance between rushing the investigation (appearing like it’s all a show) and taking too long (allowing more allegations to emerge).

Beyond the SCOTUS confirmation

Timing also is a considerable factor when it comes to the mid-term elections and Kavanaugh’s appointment to the Supreme Court. One criticism surrounding the controversy is that the Democrats are attempting to stall the confirmation proceedings until after the elections. If they win control of the House, Senate, or both, they can vote against Kavanaugh’s confirmation. There’s also another possibility.

“Even if Judge Kavanaugh is confirmed … if the Democrats take the House, it’s entirely possible that impeachment proceedings will begin against him and this whole nightmarish scenario will continue,” Collins said. “And think about what this means for Dr. Ford … this is a women that hasn’t been healed. If anything, it’s more of an issue today than it’s ever been. Not only is the law of judicial nominations up for grabs, but also the whole question of sexual aggression and how we as a nation respond to it is very much a part of this new day in America.”

“All of this traces back to Judge Bork and his confirmation proceedings,” he added. “Ever since then we’ve entered into a highly partisan realty. The name of the game is ‘evade, evade, evade.’ This invites partisan conflicts on both sides of the aisle. Until you see people like Senator Flake and others come together and come back to what has become a dirty word – ‘compromise’ – until that happens, we are really not going to see any significant changes in this process.”

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