Will Democrats attempt to block Brett Kavanaugh’s appointment to the Supreme court?

As it stands right now, Judge Brett Kavanaugh will be confirmed to replace Justice Anthony Kennedy. If you are familiar with them, both are conservative Republicans and for the most part would vote very much the same way.

For example, both would vote for striking down laws that limit corporate spending for election campaigns. Furthermore both would invalidate several restrictions on guns as violating the Second Amendment. At their core, both individuals are pro-business and favour the interests of businesses over employees and consumers.

At the moment, the only real way to block Kavanaugh would be to stall the appointment until after the 2018 elections in November where Democrats will hopefully be in control of the US Senate.

This in turn was the same play Republicans did last time as they denied Barack Obama’s nomination for Chief Judge Merrick Garland when he was in office.

How will Kamala Harris senator from California, Chuck Schumer senator from NY and others attempt to obstruct him?

Of course, all of this is a long shot but still well worth it. For one Democrats will need to convince every Democratic Senator along with a few Republican Senators to vote no for Kavanaugh. However, it’s not going to be easy.

There’s that but there is also the fact many conservatives have Kavanaugh in high regard. Mr. Trump introduced the man as “one of the finest and sharpest legal minds of our time.” But also looking at his record as judge, it’s hard to say he isn’t prepared.

In fact, there are many examples that point out how Kavanaugh would be a great replacement for Kennedy’s seat. That being said, there are some things that are concerning in his records.

Because of those things, two senators from California and New York by the names of Kamala Harris and Chuck Schumer, have risen up and made their voices heard. So far this has been their attempt at obstructing him, citing amongst several cases, a few cases that suggest Kavanaugh is against abortion, LGBTQ rights, and gun control.

Does removing the filibuster make his appointment a slam dunk for republicans?

First off, a filibuster in the US senate is an obstructive tactic that prevents something from being brought up for a vote. The most common form of this is seen when a senator tries to block or delay a vote of a bill by extending the debate. The Senate rules indicate that a senator or several senators can speak for as long as they’d like on anything they want unless three-fifths of all the Senators bring the debate to a close by invoking cloture.

That being said, a filibuster can be removed as well when two-thirds of all senators present vote to end the debate. But that too can be nullified by making a point of order that the rule that was used was unconstitutional or that the rule shouldn’t be followed in this instance. This instance occurred in 2013 with Harry Reid when he made a point of order that “the vote on cloture under Senate rule XXII for all nominations other than for the Supreme Court of the United States is by majority vote.”

Currently there is no majority vote provision in that rule right now, but that point of order was sustained by a 52-48 vote. That point of order was changed in April 6 2017 by Mitch McConnell who included Supreme Court nominations into that rule.

In short removing this filibuster would only cause the nomination and hearing to go as scheduled on October 1st. There would still need to be a vote.

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