The Case Against Kavanaugh
Unlike my senator, Kamala Harris, who came out against Kavanaugh’s nomination the moment it was announced, I wanted to give the man a chance to prove himself. As this process has continued, however, I have become convinced that Kavanaugh is not suited for the Supreme Court. His nomination should be withdrawn or voted down.
I watched the initial press conference, and I was struck by how polished and scripted it was. Kavanaugh’s wife and daughters were there to show that this was a nice guy, that he was no threat to women and women’s rights. He talked about being impartial.
The PR campaign continued in the subsequent days, as two former clerks, both women, urged support for Kavanaugh. “This is a good man,” they said. “He will be a great Justice.” Then, more ominously, “Trump could have picked someone much worse.”
Methodically, the press began to dig into Kavanaugh’s record. He worked in the Bush 43 Administration as the White House Staff Secretary. Before that, he was a lawyer on Kenneth Starr’s team that investigated President Bill Clinton, and he helped draft the Starr Report, which urged the impeachment of Bill Clinton. Kavanaugh was a key contributor to what was a deeply divisive and partisan investigation.
At the end of that first day of hearings, there was an odd, unsettling moment. Judge Kavanaugh was confronted by Fred Guttenberg, whose daughter had been killed in the shooting at Marjory Stoneman Douglas High School in Parkland, Florida. Guttenberg extended a hand to Kavanaugh, but Kavanaugh turned and walked away without a word.
The White House later put out a statement saying “security intervened” and prevented the two men from talking. Like much of what comes out of the Trump White House, this statement was clearly at odds with the documentary evidence. There was no look of polite confusion on Kavanaugh’s face (“Who are you, again?”), or embarrassed apology (“I’m sorry, but they’re taking me away.”) It was a look of cold contempt.
And then came Dr. Ford, with her accusation that Kavanaugh assaulted her in 1982 when they were both in high school. She claims that he was drunk. He held her down and covered her mouth while he fondled her.
Kavanaugh flatly denied all of this. He claimed Dr. Ford was mistaking him for another. Kavanaugh made light of his under-age drinking, and stated that the legal drinking age was eighteen. This was another misleading statement from the Judge: In 1982, the drinking age was 21.
Later reports confirmed at least this part of Dr. Ford’s story - Kavanaugh was frequently drunk at parties in high school and in college. Kavanaugh has dismissed these claims as smears, but there is a preponderance of evidence against him. Kavanaugh hasn’t come clean about his drinking. He may be a functioning alcoholic.
When reports first surfaced, Kavanaugh went on Fox News to defend himself. This was an odd choice. Why not a national news program, like 60 Minutes? Why turn exclusively to the news network considered by many to be the propaganda outlet for the Trump administration?
Dr. Ford’s reluctant testimony against Kavanaugh, before the Judiciary Committee, was riveting. She answered every question put to her in a calm and compelling manner. She was certainly believable. The attack was burned into her mind and continues to haunt her. This is not something you would forget, nor someone you would confuse with someone else.
Following Dr. Ford’s testimony, Kavanaugh made an angry rebuttal. He focused his rant on the Judicial Committee Democrats who had opposed him from the beginning, and to his long-ago nemesis, the Clintons. He claimed all of this was a left wing conspiracy to derail his candidacy, that the accusations of sexual assault, and the accusations that have emerged since, were all lies and smears, designed to destroy Kavanaugh’s family and reputation.
As the committee questioned Kavanaugh about Dr. Ford’s testimony, his responses were evasive and filled with anger and resentment. News outlets over the weekend have detailed the way Dr. Ford was forthright, while Kavanaugh answered only about half the questions that were posed to him.
The mention of the Clintons was deeply disturbing to me. Kavanaugh was reminding us that he once was a partisan fighter, a protégé of Ken Starr.
Kavanaugh used the most partisan of news outlets to defend himself. He was not reaching out to the entire country, but only to the people on “his side” for support.
The interaction with Guttenberg a few weeks ago is now clearer. Kavanaugh was basically saying to this grieving father, “You’re not on my team. You’re not on my side. I’m not shaking your hand.”
Kavanaugh may have been a privileged, drunken brat in high school. He certainly seems privileged, still. This alone should not disqualify him for this promotion, but he should be more open and honest about his shortcomings.
However, if the Supreme Court is to be a check on the other branches of government, the Justices cannot be seen as being part of the Party system. They must be independent from it. The Justices are the referees in any legal contest. You can’t be on a side. Kavanaugh’s partisanship, above all other concerns, should end his candidacy for the Supreme Court.
I watched the initial press conference, and I was struck by how polished and scripted it was. Kavanaugh’s wife and daughters were there to show that this was a nice guy, that he was no threat to women and women’s rights. He talked about being impartial.
The PR campaign continued in the subsequent days, as two former clerks, both women, urged support for Kavanaugh. “This is a good man,” they said. “He will be a great Justice.” Then, more ominously, “Trump could have picked someone much worse.”
Methodically, the press began to dig into Kavanaugh’s record. He worked in the Bush 43 Administration as the White House Staff Secretary. Before that, he was a lawyer on Kenneth Starr’s team that investigated President Bill Clinton, and he helped draft the Starr Report, which urged the impeachment of Bill Clinton. Kavanaugh was a key contributor to what was a deeply divisive and partisan investigation.
At the end of that first day of hearings, there was an odd, unsettling moment. Judge Kavanaugh was confronted by Fred Guttenberg, whose daughter had been killed in the shooting at Marjory Stoneman Douglas High School in Parkland, Florida. Guttenberg extended a hand to Kavanaugh, but Kavanaugh turned and walked away without a word.
The White House later put out a statement saying “security intervened” and prevented the two men from talking. Like much of what comes out of the Trump White House, this statement was clearly at odds with the documentary evidence. There was no look of polite confusion on Kavanaugh’s face (“Who are you, again?”), or embarrassed apology (“I’m sorry, but they’re taking me away.”) It was a look of cold contempt.
And then came Dr. Ford, with her accusation that Kavanaugh assaulted her in 1982 when they were both in high school. She claims that he was drunk. He held her down and covered her mouth while he fondled her.
Kavanaugh flatly denied all of this. He claimed Dr. Ford was mistaking him for another. Kavanaugh made light of his under-age drinking, and stated that the legal drinking age was eighteen. This was another misleading statement from the Judge: In 1982, the drinking age was 21.
Later reports confirmed at least this part of Dr. Ford’s story - Kavanaugh was frequently drunk at parties in high school and in college. Kavanaugh has dismissed these claims as smears, but there is a preponderance of evidence against him. Kavanaugh hasn’t come clean about his drinking. He may be a functioning alcoholic.
When reports first surfaced, Kavanaugh went on Fox News to defend himself. This was an odd choice. Why not a national news program, like 60 Minutes? Why turn exclusively to the news network considered by many to be the propaganda outlet for the Trump administration?
Dr. Ford’s reluctant testimony against Kavanaugh, before the Judiciary Committee, was riveting. She answered every question put to her in a calm and compelling manner. She was certainly believable. The attack was burned into her mind and continues to haunt her. This is not something you would forget, nor someone you would confuse with someone else.
Following Dr. Ford’s testimony, Kavanaugh made an angry rebuttal. He focused his rant on the Judicial Committee Democrats who had opposed him from the beginning, and to his long-ago nemesis, the Clintons. He claimed all of this was a left wing conspiracy to derail his candidacy, that the accusations of sexual assault, and the accusations that have emerged since, were all lies and smears, designed to destroy Kavanaugh’s family and reputation.
As the committee questioned Kavanaugh about Dr. Ford’s testimony, his responses were evasive and filled with anger and resentment. News outlets over the weekend have detailed the way Dr. Ford was forthright, while Kavanaugh answered only about half the questions that were posed to him.
The mention of the Clintons was deeply disturbing to me. Kavanaugh was reminding us that he once was a partisan fighter, a protégé of Ken Starr.
Kavanaugh used the most partisan of news outlets to defend himself. He was not reaching out to the entire country, but only to the people on “his side” for support.
The interaction with Guttenberg a few weeks ago is now clearer. Kavanaugh was basically saying to this grieving father, “You’re not on my team. You’re not on my side. I’m not shaking your hand.”
Kavanaugh may have been a privileged, drunken brat in high school. He certainly seems privileged, still. This alone should not disqualify him for this promotion, but he should be more open and honest about his shortcomings.
However, if the Supreme Court is to be a check on the other branches of government, the Justices cannot be seen as being part of the Party system. They must be independent from it. The Justices are the referees in any legal contest. You can’t be on a side. Kavanaugh’s partisanship, above all other concerns, should end his candidacy for the Supreme Court.
No comments have been added yet.
