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National polling by CNN conducted at the end of hearings for Brett Kavanaugh show that he's hardly more popular than the unindicted co-conspirator who nominated him. Just 38 percent of Americans say he should be confirmed, while 39 percent say he should not. For a bit of perspective, that makes him more unpopular than any nominee in the last three decades. Even Harriet Miers (who was also -1) reached approval levels in the 40s. Even Robert Bork was more popular, at a +3 approval.
No Democrat in a purple state need worry about voting against Kavanaugh, and new polling in red states suggests that voting against him would actually help red state Democrats. A YouGov poll conducted in battleground states Florida, Indiana, Missouri, North Dakota, and West Virginia before the hearings and just released show that the overwhelming majority of undecided voters didn't really care about this vote. In Florida, 80 percent of undecided voters say it won't make a difference; Missouri: 76 percent; Indiana: 68 percent; West Virginia: 80 percent; and North Dakota: 80 percent.
However, and this is a big however, in all of those states the Democratic base is tuned into the nomination and cares. Democrats are looking to their Democratic senators to oppose Kavanaugh:
- Missouri: 35% said they would be less likely to vote for Sen. Claire McCaskill if she votes for Kavanaugh.
- Indiana: 35% said they would be less likely to vote for Sen. Joe Donnelly if he votes for Kavanaugh.
- Florida: 31% said they would be less likely to vote for Sen. Bill Nelson if he votes for Kavanaugh.
- West Virginia: 30% said they would be likely less to vote for Sen. Joe Manchin if he votes for Kavanaugh.
- North Dakota: 26% said they would be likely less to vote for Sen. Heidi Heitkamp if she votes for Kavanaugh.
Voting for Kavanaugh would be more of a problem for all of these senators in angering Democratic voters. The people who care about this vote are both bases. The Republican voter who cares enough about all the issues wrapped up in this nomination is not in going to vote for a Democrat on the strength of this one vote. They will vote for the Republican every time. The Democratic voter, however, is going to feel betrayed and may or may not in the end be less likely not just to vote for their Democratic incumbent, but they sure as hell will be less motivated to spend the weeks before the election doing anything to help that Democrat win.
There's no reason for Democrats not to be solidly united in opposing Kavanaugh. He proved himself in hearings—thanks in large part to the hard work of the Judiciary Democrats—to be completely unfit for the job. That's justification enough. Both Republicans Susan Collins and Lisa Murkowski have ample cause to oppose him, but won't feel the political pressure to do so unless the Democrats are united against him and he can actually be defeated.
There's every political reason for Democrats to oppose him, but more than that there's the principle of the thing. This guy lied to them. He was neck deep in the Bush administration's most lawless activities, including torture. He was nominated for the sole purpose of being Trump's get-out-of-jail-free card. His confirmation would put the rights of every constituency Democrats stand for—basically everyone except rich white men—in danger. This should be a no-brainer for every Democrat.