I think you could do a search of the keyword searchable, still-secret Kavanaugh docs quickly to find out if they would impact his nomination.
It's mostly about abortion.
It's mostly about abortion.
In order for Kavanaugh to be defeated, an increasingly unlikely series of events to happen. But pretty much an absolute is that both Murkowski and Collins vote no based on Roe. Then all the Democrats have to line up as no.
Did Kavanaugh express an opinion about overturning Roe in one of those millions of documents we are very unlikely to see for a long, long time?
That's the key question.
Neither Murkowski or Collins have demanded to see those documents.
That's the key question.
Neither Murkowski or Collins have demanded to see those documents.
The people with control over the documents want Kavanaugh confirmed, so they have a very strong incentive to declare any such document, if it exists, as covered by executive privilege.
Without such a documentary bombshell, Kavanaugh may simply need to not screw up stare decisis kabuki theater during the hearings next week.
That will necessarily include jujitsu over his AEI speech both Collins & Murkowski have spent a lot of time poring over. Murkowski told me she spent hours reading & rereading it on those long, 11-hour flights to Alaska. & she discussed abortion at length with Kavanaugh.
Collins & Murkowski both told me recently they hadn't seen anything disqualifying yet in all of their readings about Kavanaugh. But both insist they haven't made their final decisions on how they will vote and await the hearings.
There are potentially a lot of other very interesting documents in Kavanaugh's White House papers. Durbin laid out topics of interest below:
But only one topic - abortion - seems to have the potential power to move votes. This is the first nomination in many years that could theoretically mean the 5th vote to overturn Roe - something Trump told voters would happen and a decades-long goal of many conservatives.
Weird situation in that most GOP senators want to overturn Roe & hope a Kavanaugh court does so - while not wanting to spook Murkowski / Collins. So expect lots of talk of the "Ginsburg Rule" & maybe mentions of Souter, Kennedy, O'Connor, GOP noms who preserved Roe in Casey.
