Dershowitz: Democrats Can Only Delay, Not Block Kavanaugh

"They can probably delay it"

Though Harvard Law professor Alan Dershowitz thinks that Democrats have a rightful ax to grind over the GOP's successful blocking of Merrick Garland's nomination to the Supreme Court, he also believes they have little to hope for in blocking Judge Brett Kavanaugh's nomination.

Speaking with Newsmax, Dershowitz said that Democrats will only be able to "put up some obstructionist tactics" that delay Kavanaugh's confirmation, not block it.

"They can probably delay it ... [but not] long enough to get to the midterms," Dershowitz said, predicting the confirmation vote will take place in early October.

Dershowitz does think that Republicans treated Obama's late-term nominee Merrick Garland unfairly and he urged the Democrats not to follow in their footsteps.

"I don't think the Republican Senate played fair with the Garland nomination . ... Democrats were cheated on a seat on the Supreme Court," he said. "I don't want to see the Democrats play the same unfair game the Republicans played."

As for how Kavanaugh will rule, the Harvard professor says that his first few years will be felt "very slowly, very gently."

"I don't think he's going to jump in and start overruling decision rights away," he said. "I would say in the first two years, don't expect too much either positively or negatively."

Despite being a Democratic liberal, Dershowitz has taken a more moderated tone in recent days, especially regarding the Left's excesses. However, appearing on "The View" Tuesday, he took a harsh stance on the GOP's refusal of Judge Garland to the point of saying Obama should have overruled the Senate and appointed him anyway.

"They stole the first nomination to the Supreme Court. Absolute theft, unconstitutional," Dershowitz told the hosts. "And I have to tell you, I'm a little critical of President Obama. He should've nominated Merrick Garland and should've sworn him, and should've dared the Republicans to kick him out of office."


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