As the Senate Judiciary Committee advanced the nomination of Judge Brett Kavanaugh to the Senate floor, it seems that Democrats and left-wing pundits may very well (thanks to Arizona Senator Jeff Flake) get what they've been asking for: an investigation by the FBI into the accusations of sexual assault against the nominee. But recent history casts doubt on whether a finding in Kavanaugh's favor would make a difference in the minds of Democrats who decided—long before there was any mention of the allegation—that Kavanaugh was unfit to serve on the Supreme Court.
Yesterday, Senators Richard Blumenthal of Connecticut and Kamala Harris of California explicitly said that they believed the accuser, Christine Blasey Ford, and the rest of the Democrats on the Senate Judiciary Committee made pretty clear that they did, too. Senate Minority Leader Chuck Schumer made clear within minutes of Kavanaugh's nomination in July that the Democrats would oppose him. So what would an FBI investigation change? An FBI finding in Kavanaugh's favor will not open Senate Democrats up to his ideas on originalism and Chevron deference. Yet, the Judiciary Committee Democrats insist that the cloud could be lifted, if only Kavanaugh joined them in calling for an FBI investigation. And they've talked Senator Flake into believing them.
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