In my opinion, here's the thing. Let's remove whether or not he's guilty of the act or not.
It's pretty clear (and has been corroborated) that he lied under oath during that interview. It's pretty clear he hardly has an even temperament for that matter too - certainly not one befitting of a Supreme Court Justice. There are 24 more judges on that recommended list. He should be dropped and one of the other 24 should be nominated.
It's sickening how it's all whether he could be convicted based on the allegation(s), when it's clear he belongs on Fox, and he has about ~20 confirmed perjuries (with documentary evidence!).