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SimplyTracie If there is a case that is currently winding its way through the federal court appellate process, it could end up at the SCOTUS. If Kavanaugh had answered the question, he would have to recuse himself from the case if/when it does get to the SCOTUS, assuming he is confirmed. Answering such a question about a pending case would be a disqualifying action for me to vote for any SCOTUS nominee, regardless of the answer given.
Senator Corey Booker, who asked Kavanaugh the question, is an attorney, and is smart enough to know that the vast majority of US voters don't know proper judicial conduct, don't know of or understand ex parte communications and their legal ramifications when they involve judges who opine on matters which they may very well be hearing in the near future.
I am not singling out the Democrats here. The Republicans do the same political theater for their own political ends.
How many times have you ever seen a discussion on TV news (or any news, for that matter) of Kavanaugh's actual legal decisions as a judge, and of the percentage of time when his decisions were reversed on appeal and how his reversal statistics compare to other judges' reversal statistics? I've never seen any, which doesn't surprise me at all.
Even all the controversy over Russian collusion and interference with the 2016 election is nothing more than political theater. Virtually everyone with a stake in the outcome of any election will do everything they can to influence it. In the US, the media has the most influence on the outcome of the elections, but not because of the topics they choose to cover, but because of the topics they choose to ignore or omit, as those decisions actually control what the vast number of voters don't know.
If you and your mom conspire to go to the grocery store, you are both guilty of conspiracy, even if you never actually go to the grocery store. Conspiracy is one of those "crimes" for which there doesn't need to be a victim. It is little different than criminalizing thoughts. No "crime" without an identifiable victim should be a crime. As things are now in the US, any of us could be prosecuted for any number of victimless "crimes" most of which we've never heard of. All it would take is for a US attorney to decide to investigate us.