With deal on judges, Senate goes home for the elections

Henrietta Brewer
October 13, 2018

Supreme Court Chief Justice John Roberts has referred all judicial misconduct complaints against new Justice Brett Kavanaugh to the Tenth Circuit Court of Appeals in Colorado to investigate, he said in a letter Wednesday. "But again, I think history would tell us, and polling data tells us, Democrats are more animated over Kavanaugh and over other things".

"Seventy-two percent of voters who are very angry about the treatment of Kavanaugh are more likely to vote in the upcoming elections."

The most recent seat to move from "toss up" to safely Republican is Tennessee, where after Democrat Phil Bredesen announced that he would've voted to confirm Kavanaugh, angering many of his base, Republican Marsha Blackburn has taken a commanding lead. The president's party almost always loses seats in midterm elections, with the average loss of House seats ranging between 20 and 30.

Progressives, however, say that Democrats are only giving Trump and McConnell more time to appoint even more lifetime nominees, including a replacement for Kavanaugh on the powerful D.C. Circuit.

Henderson said in a press release earlier this month that the misconduct claims were filed after Kavanaugh's confirmation hearings, which began on September 4.

"Honest to God, I would answer that question, but I'm going to let you guys do that assessment", he said. Joe Fain is seeking re-election to his third term under the cloud of a sexual assault accusation.

"Let's use this week to give us all that extra energy that we know we have to remember that the bottom line is that they may have the power right now but we need to take it back", said Senator Kamala Harris of California.

With Republican challenger Kevin Cramer opening up a clear margin over incumbent Heidi Heitkamp, the North Dakota Senate race looks all but over now, according to multiple insiders.

With Kavanaugh's ascension to the high court, Republicans, long dispirited by Trump's string of scandals and the prospect of losing their congressional majorities, are whooping it up. Republicans thought they would finally overturn the law as the court had eight justices appointed by Republican presidents.

"The complaints do not pertain to any conduct in which Judge Kavanaugh engaged as a judge", said Henderson.

The House left town two weeks ago; both chambers will return for their next votes on November 13, a week after Election Day.

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