By Peter Hasson
Judge Brett Kavanaugh’s confirmation to the U.S. Supreme Court has Democrats and liberal activists who opposed his confirmation coalescing around their next strategy: attacking the legitimacy of the nation’s highest court.
The Senate on Saturday officially voted to confirm Kavanaugh by a vote of 50-48. Kavanaugh’s confirmation process was derailed over the past month by a series of sexual misconduct allegations that Democrats used to demand President Donald Trump withdraw Kavanaugh’s nomination.
Democrats used the controversy surrounding the allegations to undermine the Supreme Court’s legitimacy.
“Confirming Brett Kavanaugh in the face of credible allegations of sexual assault that were not thoroughly investigated, and his belligerent, partisan performance in last Thursday’s hearing undermines the legitimacy of the Supreme Court,” said California Democratic Sen. Dianne Feinstein.
Confirming Brett Kavanaugh in the face of credible allegations of sexual assault that were not thoroughly investigated, and his belligerent, partisan performance in last Thursday’s hearing undermines the legitimacy of the Supreme Court.
— Sen Dianne Feinstein (@SenFeinstein) October 6, 2018
“The damage done today will be enduring — to the United States Supreme Court [and] to our country,” Connecticut Democratic Sen. Richard Blumenthal wrote on Twitter.
This day is the saddest & angriest of my time in the Senate. The Republicans have succeeded in confirming a dangerous & deeply flawed nominee only by breaking all the rules & norms. The damage done today will be enduring—to the United States Supreme Court & to our country.
— Richard Blumenthal (@SenBlumenthal) October 6, 2018
Brian Fallon, executive director of Democratic dark money group Demand Justice, pushed a similar message.
Kavanaugh “will be an illegitimate justice, and his confirmation will mark a point of no return for the Supreme Court’s reputation as the one, apolitical branch of government,” Fallon told Reuters.
Even before the existence of Christine Blasey Ford’s allegation leaked to The Intercept on Sept. 12, Democrats were already laying the groundwork to attack Kavanaugh — and by extension, the Supreme Court — as illegitimate.
“This nomination process is illegitimate and so will be any Supreme Court with Brett Kavanaugh on it,” Fallon claimed on Aug. 10, without citing any evidence to support his claim that the process was “illegitimate.”
This is such a sham. This nomination process is illegitimate and so will be any Supreme Court with Brett Kavanaugh on it.https://t.co/o4yGsKgv0Z
— Brian Fallon (@brianefallon) August 10, 2018
Democrats and liberal groups that same month used the guilty plea of Trump’s personal lawyer, Michael Cohen, to undermine Kavanaugh’s legitimacy.
The NAACP labeled Kavanaugh an “illegitimate nominee.”
“Kavanaugh may yet be confirmed, but this will make the [Supreme Court] fundamentally illegitimate,” claimed New York Times columnist Paul Krugman.
“He has been nominated by someone implicated, and all but named as a co-conspirator, in federal crimes,” Massachusetts Democratic Sen. Ed Markey said on Aug. 22.
“His nomination is tainted and should be considered illegitimate.”
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