Quote (Black XistenZ @ 26 Sep 2018 22:38)
Ive explained it before: if Kav withdraws and they go with a new nominee, the timing to even get him/her through before the end of the lame duck session is already quite challenging. every further week by which they delay a decision on whether to ram Kavanaugh through or to abandon him is increasing the risk that they dont get anyone confirmed before the newly elected senators are sworn in. and if this happens, betting markets have them at a risk of around 30% of having lost the senate, so that they would have fumbled their golden opportunity at a reliably conservative majority on the supreme court. a conservative majority which, given the age structure of the current SCOTUS judges, could persist for decades, even if a democrat wins the WH in 2020.
say the risk of not getting the confirmation of Kavs replacement through before the new senate convenes is 15% right now, and that there's a 30% chance for democrats to take the senate. then the risk of them blowing the golden opportunity is 0.15*0.3 = 0.045 = 4.5%. an acceptable risk.
but say they wait until the end of october before they pull the plug from Kavanaugh and go with someone else - so that the risk of not getting the new nominee through increases from 15% to 50%. in that case, the risk of blowing it increases accordingly to 15%, which might not be acceptable anymore, given that we're talking about the risk of a huuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuge loss.
lets take poker analogy: say you're having a completed flush after the turn, but your opponent has a full house draw on the river. normally, you'd be happy to play this hand. but would you bet your life savings on it? (odds are 14.9%)
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this brings me back to the idea of an fbi probe: such a probe would have delayed things too much. I assume it would have taken at the very least 3 weeks for such a probe to come to any conclusion, and perhaps substantially longer. given the expected (i.e. probability-weighted) cost every week of delay is causing them in this particular case, the expected/probability-weighted loss of allowing such a delay by launching an fbi probe would have been far greater than the calculable political loss they suffered from nipping it in the bud.
An FBI probe would have been directed by the Trump White House. I saw estimates that it could take 3-4 days to interview the parties involved and come to a conclusion. For reference, the Anita Hill FBI investigation lasted 2 days.
Secondly, I don't think the GOP are in any real risk of losing this seat. Even if they don't confirm Kavanaugh, and even if they lose the Senate, both of which I think are unlikely, I think they will still ram through a nominee in the lame-duck session during McConnell's dying gasp as majority leader. Terrible politics, but they'd keep the seat.
Quote (Goomshill @ 26 Sep 2018 22:41)
now correct me if I'm wrong, but new senators aren't actually sworn in until january in the next congress. I've been remarking since Kennedy resigned that there was always the very awkward possibility that the seat is left open after the midterms, and the democrats win the senate, but the republicans confirm a nominee during their interim session. I'm not 100% on that, but I think its a real possibility
That's correct, and it's a real possibility. I think there's a greater chance of the GOP holding onto the Senate but still using the lame-duck session to confirm a justice, but the situation you've described is a real possibility.