When President Ronald Reagan nominated Judge Robert Bork to the Court in 1987, a popular "phalanx of opposition" arose to protest the candidate's extreme views on civil rights, abortion, and executive power, leading the Senate Judiciary Committee to reject his nomination and the Senate to follow suit by a 58-42 margin, with six Republicans voting nay.
Though Kavanaugh's nomination will appear on the Judiciary Committee's business meeting on Thursday, Democrats are expected to delay a vote until next week, likely on September 20. "And we have every confidence that Judge Brett Kavanaugh will very soon be Justice Brett Kavanaugh and take a seat on the Supreme Court".
As Sen. Orrin Hatch (R-Utah) pointed out, legal scholars have already debunked claims that Kavanaugh committed perjury.
The possibility that Judge Brett Kavanaugh could join four current members of the court to overturn the 1973 Roe v. Wade abortion decision has mobilized the left against a Supreme Court nominee, perhaps as never before, with regular interruptions of confirmation hearings by screaming protesters and futile efforts by Democratic senators to ferret out Kavanaugh's views on the issue.
Regrettably, the Majority's accession to the administration's refusal to disclose Judge Kavanaugh's full record-including almost 90% of the documents from his time in the Bush White House-represents a further abdication of the Senate's constitutional responsibility to advise and consent. "Because if judges were to rediscover these principles, then the Supreme Court would not be as powerful as it is today, and out nation would be less divisive", Lee wrote.
Sen. Cory Booker (D-N.J.), who tweeted several documents, told IJR, "We are going to continue to release unapproved committee confidential documents all day". Other Democrats rallied around him in support. In response, Booker joked that he was having "a Spartacus moment". John Cornyn, a Texas Republican, said, "running for president is no excuse for violating the rules of the Senate".
She went on to say that the memos were some she personally did research for.
Hatch and Lee said Kavanaugh is well-qualified to be a Supreme Court justice and on track to be confirmed before the court convenes in October. Booker, who is African-American, and Harris, who is of Jamaican and Indian descent, faced criticism for some of their tactics, such as Harris suggesting Kavanaugh had conducted conversations about special counsel Robert Mueller's investigation without providing specific evidence.