The GOP's Least-Worst Option Is If Kavanaugh Withdraws -- And Soon

Brett Kavanaugh has never been a popular Supreme Court nominee — and he’s probably becoming more unpopular still following allegations earlier this month by Christine Blasey Ford that Kavanaugh had sexually assaulted her when they both were in high school. No one this unpopular has ever been confirmed to the Supreme Court; the only previous nominees who polled as poorly as Kavanaugh either had their names withdrawn (Harriet Miers) or lost their confirmation vote (Robert Bork). And all of this polling was taken before at least two other accusations surfaced of potential sexual misconduct involving Kavanaugh1 — and before Ford and Kavanaugh’s testimony before the Senate Judiciary Committee, which is scheduled for Thursday.

President Trump and Congressional Republicans are not afraid to take unpopular actions in pursuit of their ideological goals. Last year, they spent many months trying and failing to pass a repeal of Obamacare, even though those efforts were extremely unpopular. And they passed a tax bill that was highly unpopular at the time of its passage, although its numbers have since improved some. The Supreme Court is at least as much of a priority for Republicans.

The difference on Kavanaugh is that there are several other conservative nominees who could potentially replace him — and who may have been better picks in the first place. In other words, you would think Trump and Senate Majority Leader Mitch McConnell have better options than rolling the dice with Kavanaugh. Amy Coney Barrett, for example, a judge on the 7th Circuit and one of Trump’s reported finalists when Kavanaugh was chosen, has several advantages from the GOP’s point of view. She’d potentially be more conservative than Kavanaugh, at least on issues such as abortion; she’s already been confirmed (to her circuit seat) by the current Senate; and it might not hurt Republicans to choose a woman when the four conservatives on the current Supreme Court are all men.

Barrett also isn’t facing several accusations of sexual misconduct, as Kavanaugh is.

But there’s a midterm coming up in just six weeks. And there’s about a 3 in 10 chance that Republicans lose the Senate, according to the FiveThirtyEight forecast. Could Republicans really get Barrett or another nominee confirmed before then? And if not, could they confirm her in the so-called lame-duck session after the midterms but before the new Congress meets on Jan. 3.

https://fivethirtyeight.com/features/the-gops-least-worst-option-is-if-kavanaugh-withdraws-and-soon/