Thus far, I’ve purposely steered clear of the “Issue of the Day” when selecting blog topics. My preference is to pick a topic that is important, but not one that is currently flying across cable news chyrons. I find value in stepping back a bit to gain some perspective before weighing in.
But not this time. This time, I’m angry.
Over the weekend, I tried to convince myself to wait to see how this story would develop. It will most certainly develop quickly and in unforeseen directions. But I restarted this blog to allow me to vent when necessary. And I really need to vent.
I previously offered an opinion about Judge Brett Kavanaugh’s nomination to the Supreme Court – an opinion that was decidedly unpopular among my more liberal friends. I do wish that Democrats had pushed further on some of the issues that I raised, but they didn’t and that’s on them. In any case, I stand by my original opinion that Kavanaugh should have probably been confirmed “barring any surprises.”
Well. We’ve had a few of those.
During the first round of the confirmation hearing, Judiciary Committee members on both sides of the aisle were predictably partisan — 11 came into the process thinking Kavanaugh walked on water; 10 were predisposed to waterboard him. No surprise there. At this point, I’d have seen no reason to update my original post.
And then came the allegations.
While I’ll spare everyone a romp through the details of Christine Blasey Ford’s sexual assault accusation, the relevant timeline is as follows: the accusations became public soon after Kavanaugh’s appearance before the Judiciary Committee, all hell broke loose, Ford got to testify, Kavanaugh got to respond, additional hell broke loose, and a limited FBI investigation is now grudgingly underway.
Thrust into the national spotlight on live television, Ford was clearly a competent witness. No sane person listening to her could have doubted her sincerity. She was relatively calm, obviously very nervous, but quite confident in her testimony. Did she offer concrete proof of an assault? No. But she wasn’t a witness in a criminal trial; she was a witness in a confirmation hearing. She was a sympathetic figure with no apparent agenda other than telling her story.
In response, Kavanaugh came out swinging. SNL’s subsequent parody of his statement was sadly a bit too accurate.
While Kavanaugh’s performance seems to have endeared him to Trump and most Republicans, it was perhaps the most politically tone deaf approach humanly possible. Before that speech – and the accompanying GOP cheers – I saw both sides of this unfortunate situation. I saw the obvious pain of the accuser but also understood the horror that someone wrongfully accused might rightly feel.
Had Kavanaugh himself firmly requested an independent FBI investigation into this matter, he could have immediately silenced most everyone. While still forcefully stating his innocence, he could have recognized the valid emotions on both sides, disregarded all political implications, and calmly reminded an attentive nation that facts matter and that a full investigation was both appropriate and necessary. You know… LIKE A JUDGE IS SUPPOSED TO DO.
But no.
Kavanaugh’s whole statement is well worth viewing and reading. However, here’s just a few highlights:
“The behavior of several of the Democratic members of this committee at my hearing a few weeks ago was an embarrassment.”
”No one can question your effort, but your coordinated and well-funded effort to destroy my good name and destroy my family will not drive me out.”
“This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups.”
“The 10-day delay has been harmful to me and my family, to the Supreme Court and to the country.”
“You’ll never get me to quit.”
Wow.
Is the confirmation process political? Of course it is. The Judiciary Committee members – on both sides of the aisle – are all career politicians. For better or worse, that’s their job. As a sitting judge, however, it is specifically Kavanaugh’s job to NOT be political. His party-focused diatribe was insulting, infuriating, and wholly inappropriate.
Is the confirmation process fair? I don’t give a damn. That process is all we have standing in the way of a lifetime appointment to one of nine positions on our nation’s top court. This is not an elected position; it is not term-limited. It matters a whole lot and it will matter for a very, very long time.
Make no mistake: This was a job interview. Elevation to the highest court in the land is not a birthright. Kavanaugh could have taken the high ground that we expect a sitting judge to inhabit. Instead, he chose to become a politician himself – and a poor one at that.
The SNL parody included a line that, while unspoken in Kavanaugh’s rant, certainly seemed to be implied:
“If you think I’m angry now you just wait until I get on that Supreme Court because then you’re all going to pay.”
It no longer matters what the FBI probe may or may not reveal. It no longer matters whether or not Kavanaugh was a “sloppy drunk” as his contemporaries have recently claimed in contrast to his testimony. It no longer matters how members of either party attempt to spin his nomination.
This is now a simple matter of Kavanagh’s temperament, judgment, and ability to remove himself and his personal opinions from the deliberative process.
Kavanaugh’s own response has independently and definitively disqualified him from serving on the United States Supreme Court. He does not deserve the honor. And we deserve better.