According to former Assistant U.S. Attorney and legal analyst Andrew C. McCarthy, the reason Kavanaugh's opponents are turning to conspiracy theories is because they can't bear to face reality. And that may be the problem. The law never went into effect and has been stalled in lower courts for years.
They're energized, outraged and ready to fight. Some Democrats said Kavanaugh, a more committed conservative, could disrupt precedents like Roe v. Wade, which said women have the constitutional right to abortions. "The third messaging plank is, 'choose your own adventure'".
Those arguments could energize Democratic voters before the midterm elections.
Thomas Jipping of the Heritage Foundation tells CBN News he doesn't expect much serious evaluation of Judge Kavanaugh from Democrats. "That's what it comes down too", said Jipping. But for Senate Majority Leader Mitch McConnell - whose primary goal is to lock in all 50 present Republicans - Collins and Murkowski certainly haven't raised any significant red flags yet.
"Our phone is ringing off the hook", said Nan Aron, who founded the liberal Alliance for Justice Action Campaign in 1979. John McCain of Arizona, nearly every vote matters.
Second, clear and simple: the confirmation process timeline.
The political impact of the court debate is messier.
Kavanaugh's long paper trail is only part of the Democratic strategy for building opposition.
Democrats have had an advantage in enthusiasm over the past year, but a high court fight could offset that advantage, producing larger Republican Senate gains in November and possibly minimizing Democratic gains in the House.
It is also possible, however, that Democratic senators such as Joe Manchin (W.Va) and Heidi Heitkamp (N.D.), who are up for reelection in red states, could break party lines and support Kavanaugh. The conservative Koch network has committed at least another $1 million. The group Demand Justice is conducting a reported $5 million push, while NARAL Pro-Choice America has taken out full-page ads in ME newspapers highlighting the issue.
"Trump has been unequivocal that he intends to appoint a justice who will overturn Roe v wade", said Clarke. Richard Blumenthal, D-Conn. "If he is unwilling to state that he will recuse himself, I think everyone should really reconsider whether they can support this nominee".
Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights, an umbrella coalition of more than 200 civil rights organisations in the United States, likened Kavanaugh to Trump, a property tycoon, saying "he would protect the rights of the wealthy and powerful over the rights of all".
Most importantly.I intend to hear from West Virginians. But the 42% who said that abortion should be legal in all or most cases overwhelmingly voted for Doug Jones - at 81%. Reagan chose Scalia, Kennedy and Sandra Day O'Connor, the first woman on the court. "But at the top of the list is healthcare", he said.
Both sides are acutely aware of those gender dynamics. "In law school I learned that no person is above the law". We might not see many differences in voting coalitions, especially in the close cases, but those coalitions will likely have a much stronger conservative voice.
"Any messaging is fine for now". "There might be a possibility getting a few, but I don't think any of those few would dare help us get over the hurdle if we lost a Republican or two". "We don't know what's going to work yet".
Established in 1871, the National Rifle Association is America's oldest civil rights and sportsmen's group.