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confirmed to the Supreme Court; the only previous nominees who polled as poorly as Kavanaugh either had their names withdrawn (Harriet Miers) or lost their confirmation vote (Robert Bork).
If there’s cause for hope in these horror-show days, it’s this: the Republican party has no idea what’s about to hit it this November.
Even the dimmest and most misogynist of Republican operatives must realize, by this point, that the supreme court nomination of Brett Kavanaugh and the handling of the sexual assault allegations against him will hurt their chances, especially with women voters, in the upcoming midterm elections.
The latest accusation came on the eve of Thursday’s high-stakes hearing, where Kavanaugh and Christine Blasey Ford are expected to testify before the Senate Judiciary Committee in a make-or-break moment for President Trump’s second nominee to the high court in as many years.
On Wednesday, Trump spoke aloud what he’s been mulling in private, acknowledging publicly for the first time that past allegations of sexual misconduct leveled against him color his views on similar charges against other men, including Kavanaugh.
“It does impact my opinion and you know why?” Trump said. “Because I’ve had a lot of false charges against me.”
With that, Trump cast his lot with the accused in what has become a national reckoning over gender and sexual consent, and not just in furtherance of a long-sought conservative makeover of the high court.
Brett Kavanaugh’s nomination to the Supreme Court is likely to be determined by Thursday’s blockbuster hearing before the Senate Judiciary Committee.
The panel will hear from Kavanaugh and Christine Blasey Ford, who in written testimony on Wednesday gave a vivid account of an incident from a party in the 1980s where she alleges the Supreme Court nominee attacked her when the two were teenagers.
For the Supreme Court, the stakes go beyond Kavanaugh’s fate.
It’s the latest evolution of a nominally non-partisan institution into an instrument of politics. In a nation divided, left and right are coming to view the court less as an interpreter of the law than as an activist imposer of moral and political outcomes.
“It’s no coincidence that confirmations were less contentious when the court was engaging in less political decisionmaking,” says Leonard Leo, a top adviser to President Trump on judicial nominations.
“When the court injects itself into lots of things that it shouldn’t, and when there’s lots of overreach by the court, that’s an inevitable thing.”
If some partisans celebrate the change, plenty of other Americans might mourn it.
Generally, a bid protest is a written objection to the conduct of a government agency in acquiring supplies and services for its direct use or benefit. Among other things, the challenged conduct can include violations of law or regulation in the way in which an agency solicits offers for a contract, cancels such a solicitation, awards a contract, or cancels a contract.
Congress authorizes bid protests in three separate forums:
(1) the procuring agency,
(2) the Government Accountability Office (GAO), or
(3) the U.S. Court of Federal Claim s (COFC).