Tuesday, September 18, 2018
The Kavanaugh Dilemmas
As pretty much everyone knows, Brett Kavanaugh's nomination to the Supreme Court has become enmeshed in a controversy over an incident alleged to have happened in high school. A professor in California, Christine Blasey Ford, has come forward to say that Kavanaugh sexually assaulted her when he was 17 and she was 15 at a party. A vote on confirmation has been delayed, and both Kavanaugh and Blasey will testify before the Senate Judiciary Committee this coming Monday. It is a good thing that the vote was delayed so the matter could be addressed.
Along with a few dozen classmates, I signed a letter supporting Kavanaugh's nomination (you can see the letter here). I signed it after talking at length with another classmate who knew Kavanaugh well, and thought that it fairly expressed my views. In short, I voted for Hillary Clinton, and my side lost the election. Given that, I think we need to hope that a nominee is qualified, and can't fairly insist that the nominee conform to our views. After all, we lost the election. Losing control over Court choices comes with that.
At that time, of course, we didn't know about Christine Blasey Ford (though apparently Diane Feinstein did). That changes things, for me and others. The hearing on Monday will be important-- more important than anything that happened in the previous days of questioning.
The new development also may raise some of the issues I have studied in another context while looking at life without parole sentences for juveniles. My view has long been that juveniles are capable of change and that what they do should not have lifelong consequences. Now, I anticipate that the Republicans who argued for long mandatory sentences will articulate a sincere belief in the ability of young people to change. Will they be willing to apply that view to sentencing? I'm not the only one who is wondering, given this piece in the Atlantic, and this one in New York.
Let's revisit this next Tuesday, after the hearing...
Comments:
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I think there is an enormous difference between we shouldn't lock them up for life without parole and we should reward them with a Supreme Court seat they will hold for life. If the allegation against him is true, he should not be confirmed.
As well, your view on life without parole is predicated on there being some change, reformation in the character of the person. That means there is a difference between, "yes, I did this in my youth and I was wrong and I have changed" and a flat out denial.
As well, your view on life without parole is predicated on there being some change, reformation in the character of the person. That means there is a difference between, "yes, I did this in my youth and I was wrong and I have changed" and a flat out denial.
Don't let's get #MeToo fatigue. As a woman raped as a teen, I'm not very sympathetic to Mr. Kavanaugh.
# posted by 
: 10:22 AM
: 10:22 AM
I absolutely agree with Susan. Certainly those that you have defended have shown remorse and change.
Brent Kavanaugh has been present when disturbing deeds were being conceived. He conveniently looked away and now professes not to have been part of any of it. This is one more chance for him to deny any involvement and not be helpful to find the truth. We desperately need someone who will be brave enough to speak openly, directly and truthfully.
He is a far more clever man than we need right now. His deliberate opaqueness will never let us fully trust him.
Having no one but the two adversaries testify is a pretty clever political act and will guarantee his seat on the Supreme Court.
Pretty clever, pretty wrong for the country and the average honest citizen.
Brent Kavanaugh has been present when disturbing deeds were being conceived. He conveniently looked away and now professes not to have been part of any of it. This is one more chance for him to deny any involvement and not be helpful to find the truth. We desperately need someone who will be brave enough to speak openly, directly and truthfully.
He is a far more clever man than we need right now. His deliberate opaqueness will never let us fully trust him.
Having no one but the two adversaries testify is a pretty clever political act and will guarantee his seat on the Supreme Court.
Pretty clever, pretty wrong for the country and the average honest citizen.
Susan and Anon-- I don't disagree with either of you. I worry about the hearing next week, too; it will reveal how far we have advanced since the mistreatment of Anita Hill.
If the allegations are true, Brett Kavanaugh should not be confirmed. He should resign (or be impeached) from the DC Circuit and from coaching girls basketball. If the allegations are not true, he should be confirmed and those responsible for making false allegations should be held to account. That's what should happen. More likely, however, we will never know the truth. It may well be impossible to know. And inevitably folks will take the side that suits their preferred outcome, leaving the facts for someone else to deal with.
For what it's worth, Sen. Feinstein's handling of these allegations has only fueled the partisan divide. Perhaps its true that her office sat on the allegations for more than two months in order to properly verify them, or maybe to respect Ms. Ford's request for confidentiality. But the timing of the very public FBI referral, after hours of sworn testimony and on the eve of confirmation, will strike many (myself included) as deeply cynical. That's not good for the alleged victim, the process, or the broader public discourse. If you thought any part of last week's hearings would be better summarized as disingenuous grandstanding, I suspect Monday's hearing will stand in a league of its own.
For what it's worth, Sen. Feinstein's handling of these allegations has only fueled the partisan divide. Perhaps its true that her office sat on the allegations for more than two months in order to properly verify them, or maybe to respect Ms. Ford's request for confidentiality. But the timing of the very public FBI referral, after hours of sworn testimony and on the eve of confirmation, will strike many (myself included) as deeply cynical. That's not good for the alleged victim, the process, or the broader public discourse. If you thought any part of last week's hearings would be better summarized as disingenuous grandstanding, I suspect Monday's hearing will stand in a league of its own.
So many layers here . . . I agree with CTL that I think Feinstein waited, or was persuaded to wait, to bring this accusation forward as a last-ditch effort to stall the process and, at the very least, to make it harder for Sen. Murkowski and Sen. Collins to vote for Kavanaugh. Part of me really hates the Dems' theater and maneuverings; a little bit of me is recognizing that when I've wished the Dems would play hardball, this is what hardball looks like.
I do hope there will be some investigation before what will be a discouraging, demoralizing public hearing on Monday (or whenever it may be).
And, if anything good comes from this--aside from the truth for both Blasey Ford and Kavanaugh--I hope it's change in policy toward juvenile defendants.
I do hope there will be some investigation before what will be a discouraging, demoralizing public hearing on Monday (or whenever it may be).
And, if anything good comes from this--aside from the truth for both Blasey Ford and Kavanaugh--I hope it's change in policy toward juvenile defendants.
I am recalling the hearing a few weeks ago. The political theater was all really in full force. The Ds asking questions about his rulings and judicial record and the Rs praising him as the next coming and an amazing father and family man. I have no doubt the R's were aware of this potential baggage during the initial public hearings. Apparently they heard everything they wanted to hear in the privacy of their respective offices when he came to visit.
The Rs will try to show that Brett Kavanaugh, the man, is not Brett Kavanaugh, the boy... That may be true, but admitting you were a participant and expressing remorse for your actions will show what kind of man he really is.
Even if his nomination goes to the full Senate (which it probably will) their may be a few more people after this incident who have inner doubts about his service on the highest court.
The Rs will try to show that Brett Kavanaugh, the man, is not Brett Kavanaugh, the boy... That may be true, but admitting you were a participant and expressing remorse for your actions will show what kind of man he really is.
Even if his nomination goes to the full Senate (which it probably will) their may be a few more people after this incident who have inner doubts about his service on the highest court.
Still thinking about the Kavanaugh nomination . . . Before the sexual-assault allegations, I was torn: on the one hand, I agree that you can't expect much when your side lost an election, and Kavanaugh is extremely well qualified. I don't like how partisan he has been in his career, but on balance, I have feared who Trump would nominate as his second-string if Kavanaugh were not confirmed.
On the other hand, even before the allegations, I've been troubled by one thing in his past: the line of questioning he proposed--which was carried out--for President Clinton's testimony in the Ken Starr investigation. Kavanaugh's attitude (to me) was moralistic and prurient, writing sexually explicit questions which only served to embarrass Monica Lewinsky even as he sought to humiliate Bill Clinton. Maybe this is unrelated to Christine Blasey Ford's allegations, but when I see him and hear him talk, all I can think about are those questions, and wonder what he really thinks about women.
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On the other hand, even before the allegations, I've been troubled by one thing in his past: the line of questioning he proposed--which was carried out--for President Clinton's testimony in the Ken Starr investigation. Kavanaugh's attitude (to me) was moralistic and prurient, writing sexually explicit questions which only served to embarrass Monica Lewinsky even as he sought to humiliate Bill Clinton. Maybe this is unrelated to Christine Blasey Ford's allegations, but when I see him and hear him talk, all I can think about are those questions, and wonder what he really thinks about women.
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