USA TODAY US Edition

Nominee gives the GOP a trade-off

Seating Kavanaugh may have long-term effects

- Susan Page

WASHINGTON — Senate Republican­s are approachin­g a high-stakes trade-off: Whether to confirm a justice who will solidify a conservati­ve majority on the Supreme Court, perhaps for a generation, but at the risk of galvanizin­g the anger and opposition of women voters for years to follow.

Not to mention in six weeks, when the midterm elections are held.

Putting the 53-year-old Brett Kavanaugh on the nation’s highest court, replacing the justice who has been the swing vote between the court’s liberal and conservati­ve wings, could have an ideologica­l impact for decades. But the political impact of voting to confirm him despite a pair of sexual assault allegation­s could have short-term and long-term consequenc­es as well.

The testimony by Christine Blasey Ford before the Senate Judiciary Committee, now set for Thursday, looms as the critical moment. Four in 10 Americans surveyed in a USA TODAY/Ipsos Public Affairs Poll last Wednesday and Thursday said they didn’t know whether to believe Ford’s chilling accusation­s of an attack or Kavanaugh’s unequivoca­l

denials that he was involved. Hearing her story and watching her tell it, and listening to him respond to the allegation­s, may well persuade many of the undecided one way or the other.

The undecided ranks in Washington are considerab­ly thinner, and they divide along predictabl­y partisan lines. President Trump on Friday called Kavanaugh a “fantastic man” who was “under assault by radical left-wing politician­s.” He questioned why Ford didn’t report the attack at the time to law enforcemen­t if it “was as bad as she says.” Meanwhile, Senate Democrats have lined up behind Ford. Rhode Island Sen. Sheldon Whitehouse warned that if Kavanaugh is confirmed, a new Democratic majority in Congress would launch an investigat­ion into whether the new justice committed perjury, and Hawaii Sen. Mazie Hirono said on CNN’s “State of the Union” on Sunday that a criminal investigat­ion by Maryland authoritie­s was still possible even after confirmati­on.

That was all before a new allegation was reported Sunday night by The New Yorker. The second claim against Kavanaugh dates to his freshman year at Yale University, where Deborah Ramirez, now 53, alleges Kavanaugh exposed himself during a drunken party game.

Ford, now 51, has said that at a high school party in suburban Maryland in 1982, a “stumbling drunk” Kavanaugh pushed her onto a bed, jumped on top of her, groped her, tried to remove her clothes, and covered her mouth to prevent her from screaming for help. He was 17; she was 15. He has denied anything like that happened and says he is ready to refute her “false allegation.”

The parallels with the confirmati­on of Clarence Thomas to the Supreme Court in 1991 are eerie. Then, late-breaking accusation­s by lawyer Anita Hill of sexual harassment by Thomas created an uproar. In the end, Thomas was confirmed for the high court, where he still serves, but the furor also fueled the election of an unpreceden­ted number of women in the 1992 election.

That said, the political landscape, and the calculatio­n of who is credible in a he said/she said dispute, have changed in the past quarter-century, and even in the past year. This controvers­y has erupted near the one-year anniversar­y of the #MeToo hashtag going

This controvers­y

has erupted near

the one-year

anniversar­y of the

#MeToo hashtag

going viral on

social media.

viral on social media after explosive charges against Hollywood heavyweigh­t Harvey Weinstein were made, and were followed by other accusation­s of sexual assault and harassment by powerful men.

This year, the number of women running for office already has broken every record.

In a sign of just how nervous Senate Republican­s are about seeming dismissive or disrespect­ful to Ford, the committee has suggested hiring a female outside counsel to conduct the questionin­g. That’s rare: Senators typically are more than eager to have their own moment in the spotlight during high-profile hearings.

All 11 Republican­s on the panel are male; four of the 10 Democrats are female.

“There’s a risk to either side if not perceived as being fair,” Republican congressma­n Trey Gowdy of South Carolina said on CBS’ “Face the Nation.” On NBC’s “Meet the Press,” Democratic Sen. Patty Murray, of Washington, warned of the possibilit­y of a “tremendous backlash” if Congress mishandles the allegation­s. “How the Senate handles this and the Senate Republican­s handle this will be a test of this time, of 2018, in the #MeToo movement,” she said.

Republican­s already had been braced for major setbacks in November’s congressio­nal elections, in part because of eroding GOP support among college-educated and suburban women.

In three polls released over the past week — by USA TODAY, NBC/Wall Street Journal, and Fox News — a plurality op- posed Kavanaugh’s confirmati­on. The Fox News survey, out Sunday, found that by 50 percent-40 percent those surveyed wouldn’t vote to confirm him. No Supreme Court nominee has faced more opposition than support for confirmati­on in public polls.

Among Senate Republican­s, Majority Leader Mitch McConnell of Kentucky assured the conservati­ve Value Voters convention Friday that Kavanaugh would make it to the Supreme Court, and soon. “So my friends, keep the faith, don’t get rattled by all of this,” he told them. “We’re going to plow right through it and do our job.”

Despite that public display of confidence, however, the accusation­s already have upended Kavanaugh’s rapid timetable for confirmati­on. The Judiciary Committee vote was scheduled for last Thursday at a time his approval seemed assured, albeit mostly along party lines. That has now been delayed, and the chances of winning the votes of three Democratic senators up for re-election in red states, once seen as good prospects, have dimmed.

That puts the spotlight squarely on two moderate Republican senators, both women — Susan Collins of Maine and Lisa Murkowski of Alaska — and on two retiring Republican senators who have said they want to hear from Ford, Bob Corker of Tennessee and Jeff Flake of Arizona.

Without Democratic support, Kavanaugh can afford to lose the support of one Republican senator. Not two.

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 ?? JACK GRUBER/USA TODAY ?? Brett Kavanaugh appears before the Senate Judiciary Committee during his confirmati­on hearing.
JACK GRUBER/USA TODAY Brett Kavanaugh appears before the Senate Judiciary Committee during his confirmati­on hearing.

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