The Daily Telegraph

The Right is in a race against time to have its man confirmed

- By Rob Crilly in New York

So much for the lofty ideals of the Founding Fathers. So much for the idea that the Supreme Court should stand independen­t, the better to hold Congress and the US president to account.

The race to confirm – or reject – Brett Kavanaugh as a Supreme Court justice is as much about politics and the electoral calendar as it is about his fitness to fill the vacant seat.

Midterm elections are due on November 6 and Republican­s are in a hurry. They have scheduled a vote of the Senate judiciary committee for today, just a day after Christine Blasey Ford delivered her withering testimony accusing Mr Kavanaugh of assault.

They could have called his childhood friend, Mark Judge, one of the few witnesses to the alleged attack, to give evidence. But they have chosen not to, just like they have shrugged off demands that the FBI conduct a full investigat­ion.

The calculatio­n is clear. The longer this goes on, the more visible it will be when voters elect Congressme­n and women in November.

Not good for a party that was already losing support among women. In the past week, the number of Republican women supporting Mr Kavanaugh has dropped by 11 per cent (from 60 to 49 per cent, according to a new Morning Consult/politico poll).

Republican­s are desperate to bulldoze this issue away by getting Mr Kavanaugh through the process.

Their worst case scenario is that the issue drags on beyond the midterms.

With the way the numbers are going there is every chance that the party could lose two seats, and with them control of the Senate – unthinkabl­e only a few weeks ago because most of the competitiv­e races are in Republican-leaning states.

Lose the Senate and the probabilit­y of winning the vote to confirm Mr Kavanaugh to the Supreme Court reduces to zero.

That would be a disaster not just for the Republican Party but for the president himself. When things were at their bleakest last year, when his election manifesto disintegra­ted, when he faced ridicule for his stalled plans to force Mexico to pay for the southern border wall and when his legislatio­n to repeal Obamacare was knocked back by Congress, Mr Trump always had one rallying cry.

He had delivered on his promise to steer a conservati­ve judge on to the Supreme Court.

Neil Gorsuch had been confirmed with a minimum of fuss. The president won plaudits from opponents for naming such a credible figure.

Whatever else happened, he had that.

He had made good on his compact with a Republican Party that has turned a blind eye to the wild Twitterism­s and naive outbursts coming from the Oval Office in return for a judge who would push a conservati­ve agenda on the highest court in the land.

Mr Kavanaugh would take it further. He would cement a conservati­ve majority on the court, tilting it decisively to the Right for a generation. For the first time, Republican­s could realistica­lly contemplat­e the repeal of Roe vs Wade, ending the right of women to abortions.

While much of a president’s legacy is fragile, temporary, reversible in these polarised times, the Supreme Court is for life.

Its remit over constituti­onal matters makes it a glittering prize for a president who has made America’s culture wars his defining battlegrou­nd.

The Muslim ban, a woman’s right to choose, an American footballer’s right to kneel, heck, even the president’s right to fire the man investigat­ing collusion with Russia, could all come into play.

Installing a 53-year-old judge on the Supreme Court would represent a victory that could keep Mr Trump’s legacy intact for another 40 years.

But the clock is ticking.

‘He would cement a conservati­ve majority on the court, tilting it decisively to the Right for a generation’

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