Like Nate, I’ve been wondering exactly why so many Senate Republicans appear to be doubling down on Kavanaugh when there are so many potential conservative justices out there. The midterms loom large, even if the odds of the Democrats winning control of the Senate are low. But, and I think I might be sort of stealing this point from Nate on last week’s podcast: What is the strategy for Senate Republicans if they are still in control in their own chamber and there’s been a “wave” election in the House that favors Democrats?
It’s not a question with an obvious answer. We got a good sense in 2016 of what Senate Republicans think about confirming a Supreme Court justice in an election year, but what about after? It makes sense, given the stakes of a court appointment, for each party to fight hard for their nominees and their positions. But it’s clear that the legitimacy of the Supreme Court has been hanging in the balance for some time now.