Fox News senior judicial analyst Judge Andrew Napolitano claimed Supreme Court nominee Brett Kavanaugh is facing Senate opposition because of his Catholic faith, as well as concerns over Roe v. Wade.
“Of course it’s because of Roe v. Wade. Is this because you’re Catholic? Of course it is because he’s Catholic,” Napolitano said on “Fox & Friends” Tuesday. (RELATED: Judge Napolitano Says Kavanaugh Accusation Will Devolve Into A Trip Down Memory Lane)
Napolitano said Kavanaugh has refused to address the attack on his faith because it would cause him more grief than it’s worth and pointed out the lawlessness of the Senate proceedings.
“[Kavanaugh] doesn’t want to go there because that opens up a can of worms,” Napolitano continued. “Where is the burden of proof? There is no burden of proof. There [are] no rules here. It doesn’t matter what happened. What matters is what is the impression amongst the American public at 5 p.m. on Thursday.”
Napolitano predicted it will come down to five Republican senators who will decide Kavanaugh’s confirmation.
“Is there an impression that she is more credible or is there an impression that he is more credible? That’s what will decide this,” he concluded. “We’re looking at five senators, five Republicans. [Bob] Corker, [Jeff] Flake, [Lisa] Murkowski, [Susan] Collins and [Shelley] Capito.”
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