I’m skeptical that Democrats can defeat Brett Kavanaugh’s nomination to serve as a Justice of the Supreme Court. But I’m not skeptical about trying. Kavanaugh has been a reliable ideologue and partisan for most of his Washington career. Since 2006 he’s served on the DC Court of Appeals as a Supreme Court nominee in waiting. Elite universities, Federalist Society, prestige clerkships, the 90s-era anti-Clinton DC cabal, top Bush aide, cue-up circuit court judge — if you were cooking up youngish Republican judicial ideologues for Supreme Court service it’s hard to see how they’d look any different than Brett Kavanaugh. This is why I had little doubt he’d eventually get the nod. President Trump outsources Supreme Court picks and the whole inertial force of the institutional Republican party exists to put guys like Brett Kavanaugh on the Court.
Here are a few things that we should start scrutinizing now.
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