Sen. Sheldon Whitehouse, D-R.I., tried to make a grand display on Thursday by using a massive poster-board to argue against Supreme Court nominee Brett Kavanaugh. Needless to say, the move backfired badly for the Democrat.
During Kavanaugh’s confirmation hearing before the Senate Judiciary Committee, Whitehouse mentioned a West Virginia case where it was held that a judge who received $3 million in support from one of the parties should recuse himself.
The Supreme Court affirmed the ruling, saying the U.S. Constitution did require a judge to recuse himself when there’s a conflict of interest.
Whitehouse attempted to argue that because Kavanaugh was nominated by President Donald Trump, he may have to recuse himself in the future — assuming he’s nominated — if a legal case against the president makes it to the High Court.
While many would agree his argument is utterly irrelevant and not comparable at all, Whitehouse’s message was completely overshadowed given his oversized placard had multiple massive, bold-type, all-caps spelling errors on it.
Here’s an image of it:
The bottom portion of the board reads: “A SIGNIFICANT AND DISPROPOTIATE INFLUNCE IN PLACING THE JUDGE ON THE CASE”
His team misspelled “disproportionate” and “influence,” and they happened to be next to one another on the huge card.
“Oops, we didn’t spell influence right,” Whitehouse embarrassingly admitted, not realizing “disproportionate” is also misspelled.
Whitehouse would go on to further embarrass himself by trying to argue that the West Virginia case would apply to Kavanaugh if he’s nominated.
For starters, the case Whitehouse referenced involved a judge accepting $3 million in donations from one of the parties in a case that came before him in court.
There is no public record that Kavanaugh has given or accepted any money from Trump or vice versa. Also, Kavanaugh is more than likely going to be a judge on the Supreme Court, and it’s doubtful he would ever have a case involving Trump directly.
And even if he did, SCOTUS is a panel of nine Justices, not one judge. Kavanaugh cannot unilaterally decide cases that come before the High Court; the Justices cast individual votes, and the majority vote decides the outcome of the case.
So, Whitehouse apparently can’t even come up with a sound argument against why Kavanaugh should not be nominated.
Despite the theatrics from many liberals and Democratic lawmakers, the GOP controls a 51-49 majority in the Senate, meaning there’s almost nothing Democrats can do to prevent his nomination.
Spoiler: Almost everyone agrees Kavanaugh will be nominated in the coming weeks.