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If Democrats take back control of the House in November's midterm elections, the top Democrats on the House Judiciary Committee wants to open an investigation into Supreme Court nominee Brett Kavanaugh.

Kavanaugh, whose confirmation was thrown into doubt over a series of sexual assault allegations, is expected to be confirmed to the high court in a final Senate vote Saturday afternoon.

Rep. Jerry Nadler (D-N.Y.), who is set to become chairman of the Judiciary Committee if Democrats take the House, said he is not eager to investigate Kavanaugh, but the Senate has "failed to do its proper constitutionally mandated job of advise and consent."

"We are going to have to do something to provide a check and balance, to protect the rule of law and to protect the legitimacy of one of our most important institutions,” Nadler said in an interview with The New York Times on Friday.

Other Democrats on the committee have made similar statements, but constitutional law expert Jonathan Turley, however, said it would be a "dreadful idea" to investigate and possibly impeach Kavanaugh.


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He said there is actually a troubling precedent for such an investigation -- the Synodus Horrenda, or the “Council Dreadful," a tribunal used in medieval times to prosecute the dead for long-passed crimes.

"You can have a trial for the dead if you want -- or the confirmed -- but it is a dreadful idea," Turley said on "Fox & Friends" Saturday. "The framers created this process to have some finality. The Democrats may not like the outcome of the vote but over 50 senators are expected to be satisfied with his record and confirm this nominee."

He said if there are going to be "do-overs" every time the congressional majorities change, there will never be a stable Supreme Court.

See more from Turley above.


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'Sexual McCarthyism': Dershowitz Says Dems Set 'Terrible Precedent' With Kavanaugh Allegations