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Sunday, September 30, 2018

Should Bret Kavanaugh Be Confirmed to the United States Supreme Court?


Bret Kavanaugh borrowed a page from the Trump playbook when he politicized his run for the Supreme Court at the recent Christine Blasey Ford/Bret Kavanaugh Hearing in front of the Senate Judiciary Committee. By using the Trump playbook, he joined the ranks of the Roy Moore’s and Brian Kemp’s of the nation.

Republican conservatives Moore and Kemp, brandished hand guns and long guns, respectively, while campaigning in an apparent effort to highlight their conservative support for the Second Amendment, and possibly to show allegiance to their southern, “down-home” gun bearing roots.

Well, Roy Moore, of Alabama, lost his bid for the Senate to a more traditional opponent- a democrat named Doug Jones. Jones was largely “put over the top” by an energetic and committed group of black women. Right now, in the traditionally red state of Georgia, Brian Kemp, a 54 year old Republican graduate of the University of Georgia, is running neck-in-neck with a 43 year old black female lawyer and entrepreneur who did her undergraduate work at Spelman College in Atlanta, Georgia.

The times have been changing at a rapid pace. We are told that census-wise, those citizens now in the “minority” in the United States will become the new “majority” in about mid-century. Aware politicians and other current majority persons are digging their trenches now in preparation for a potential minority surge, now and into the future, as the traditionally overlooked minorities are seeking not only major political offices, but their piece of the American pie as well. People, like Donald Trump and his ilk, are well aware of this demographic trend and are therefore “battening down the hatches” in an effort to secure and maintain their positions in anticipation of a more demographically equal future.

Early into his presidency, Donald Trump was successful in seating Neil Gorsuch on the Supreme Court. We didn’t hear too much rumbling about this choice, and both democrats and republicans seem to be ok with it. However, the nomination of Bret Kavanaugh came with much opposition from the left, as well as from women who felt alienated and not highly regarded within the current political system which is generally run by older Caucasian men set in their ways.

It has been said that Bret Kavanaugh has created somewhat of a “checkered past” for himself. This is due to allegations of underage alcohol use (and abuse) and the sexual abuse of women. Christine Blasey-Ford accused Mr. Kavanaugh of sexual abuse against her when she and Kavanaugh were in high school over thirty years ago.  This resulted in the Senate Judiciary Committee Hearing of September 27th.

At the hearing, Ms Ford was admittedly nervous and scared but felt that it was her civic duty to give her testimony under oath regarding her alleged abuse by Mr. Kavanaugh.  Many have commented that they thought her even-tempered testimony was believable, heartfelt, and that all questions directed to her were fully answered.  However, they thought that Mr. Kavanaugh was too pugnacious and overly aggressive for a man who professed innocence of all allegations. At many times, he was evasive and inaccurate in his responses. It appeared as if he was desperately trying to have us believe him, but many onlookers felt his testimony was contrived and disingenuous.  

When Kavanaugh made the following statement, several viewers felt that it was a self-delivered “kiss of death” in a presentation that was already “not going his way”. Here is the statement:

“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. This is a circus”.

Here, Kavanaugh took a risky political step.  It was his desperate attempt to use the Trump playbook to apparently appeal to the Trump base. This is the only group that such a tirade would appeal to; and, it appeared to work, because many Trump people have said that they liked it. However, to others, this appeared to be an amateurish, unhinged, and juvenile effort to wrestle victory from the jaws of inevitable defeat. In the history of the public vetting of a Supreme Court nominee, there has never been such a repulsive performance –a boisterous performance lacking in both candor and professionalism. You would logically expect more from someone who is currently seated on the D.C. Circuit Court of Appeals.  However, Kavanaugh acted more like a flustered school boy nervously trying to complete a high school presentation, than a seasoned jurist currently seated on what has been called the second highest court in the land. To many, Kavanaugh failed his “in-person” interview for the highest court in the land. I agree.

In a United States courtroom, the temperament of the judge is paramount. During his “public interview” in the courtroom of the Senate Judiciary Committee, Kavanaugh’s courtroom temperament and general demeanor left much to be desired.  When this is coupled with his political statement above, it makes one wonder if he is capable at all of being an even-tempered and “non-partisan” Supreme Court justice.  

At this point, the die has been cast by Kavanaugh himself; he has not earned his way onto the Supreme Court of the United States of America. With his demonstrated uncontrolled vitriol, admitted political biases, and lack of candor, it is questionable whether Kavanaugh should be seated on any major court at this time. Should the FBI uncover, and/or verify any legal infractions or serious character issues related to Mr. Kavanaugh, that would further confirm his unsuitability for a judge’s seat on any major court in the USA. 

It is in the interest of the United States that the nomination of Mr. Kavanaugh be withdrawn, either by Mr. Trump, or by Mr. Kavanaugh himself.