Kavanaugh Unfit for the Court

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Kavanaugh Unfit for the Court

Alissa Cottom

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Preceding the acceptance of Brett Kavanaugh as a US Supreme Court justice there was a massive controversy concerning his past. Kavanaugh has had allegations of sexual assault from his high school and college years brought against him. The main assertion is that of Kavanaugh sexually assaulting Christine Blasey Ford. This is proposed to have taken place in the 1980s during a party where Ford states that Kavanaugh and herself were intoxicated. There have been other women who have come out following Ford making similar claims and corroborating the likelihood of Kavanaugh to have done something to this nature. In contrast to the support for Ford, there have been others coming out to defend Kavanaugh and state that they do not recall seeing him at said party or ever acting in such a manner. This allegation has been investigated by the FBI, and Kavanaugh and Ford both attended a Senate hearing where they gave public statements and answered questions to the Senate in order to aid them in deciding the validity of the claims. There are many interesting and very important details about this case that this article will not be going over but people may read a news piece that is more informative about the situation (I suggest checking out the article that one of our staff members wrote here).

Brett Kavanaugh is not fit to be a justice on the US Supreme Court. The actions of Kavanaugh regarding Mrs. Ford’s allegations and the public response to his nomination have shown that he is unable to handle the public attention and scrutiny he will inevitably be subjected to in his position, unable to pass fair and impartial verdicts due to his own political bias, and is too controversial among the people to be an acceptable justice on the court.

The first reason Kavanaugh should not be a judge is that his presence on the Supreme Court will cost the court public trust and support. For a Supreme Court justice to be even merely under suspicion of something as foul as sexual assault gives the people an air of uncertainty regarding the ability of the Court to rule on cases. The Supreme Court has the job of deciding the meaning of the constitution. If justices can not be trusted to be ethical in their actions they can not be trusted to be ethical in their decisions. In order to preserve the merit of the Court it is necessary that Kavanaugh step down from the position.

The second reason he should not be a judge is because he has not shown he can behave in a reasonable and professional manner when under pressure. One finds this minor statement to question Kavanaugh’s rationale, “I demanded a hearing for the very next day. Unfortunately, it took the committee 10 days to get to this hearing. In those 10 long days, as was predictable, and as I predicted, my family and my name have been totally and permanently destroyed by vicious and false additional accusations,” Kavanaugh proclaimed. The demand of an immediate hearing by Kavanaugh is inherently unreasonable. It’s especially strange that this demand was made by someone who has worked in the justice system for so long,

Because he of all people should understand that time needs to be given to allow preparation for both sides in order for a fair assessment to be given to a claim of this severity. 10 days is very reasonable and necessary so that the Senate could prepare questions and so Mrs. Ford could prepare her opening statement and confer with her attorney.

The final reason as to why Kavanaugh should not be a US Supreme Court judge is merely because Kavanaugh and the vote are extremely politically motivated. Public opinion is just so split, and this split is most evident when giving attention to political orientations. A POLITICO/Morning Consult poll showed that Democratic voters oppose his confirmation 70 percent to 15 percent while Republican voters support his conformation to 73 percent to 13 percent. ”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,” Kavanaugh professed. Instead of this confirmation being about whether or not he is able to effectively take the position of an unbiased and fair judge, it has become a rivalry between the Democratic and Republican party.We cannot allow a judge on the US Supreme Court based on political party because it is unconstitutional. The constitution does everything in its power to ensure that the court is not politically biased, such as judges serving life terms to avoid political motivations tarnishing the actions of the court. The constitution also outlines that it can only be amended by a ⅔ vote of both houses of Congress and ¾ of states approval. With this in mind, why is it that we are able to give someone the power to interpret the meaning of the constitution and essentially change the application of the constitution with an extremely tight vote of 50-48?

Overall the most worrying part is not just this specific situation, but the situation of the entire political scene being poisoned by extreme partisanship and party polarization. The process of Kavanaugh’s nomination and the following Senate hearings had a frustratingly predictable public response. Due to President Trump’s political alignment, many people immediately passed judgement and drew conclusions about whether Kavanaugh was or wasn’t fit for his position. The majority of the opinions about Kavanaugh can be mostly boiled down to hated by members of the Democratic party but endorsed and defended by members of the Republican party. When we look to how the Senate voted on Kavanaugh’s confirmation (one senator was not present and one withheld her vote due to the aforementioned senator’s absence), only one senator did not vote with his party, Democratic party Senator Joe Manchin III of West Virginia. Otherwise members of the Democratic party voted against Kavanaugh and members of the Republican party voted for him 50-48. The most recent confirmation for a judge that was that tight was the approval of Clarence Thomas in 1991 with the vote of 52-48, still with a larger margin of approval. Politics have increasingly devolved into a competition between the Democratic party and the Republican party and the gap between the ideologies of these parties continues to grow to the point where the majority of people, who aren’t strongly identified to one party or the other, are alienated from political discussion and labeled as “fence riders” or “indecisive”. Now it has grown to the point where even the US Supreme Court has become politically motivated. What is needed to remedy this is Vote. Independents who don’t strongly identify with either party have felt they shouldn’t vote. This results in radical voters and radical government officials. Right now our officials reflect out voting population, and if more moderate citizens register and vote we will get a more moderate government that benefits the majority instead of one end of the political spectrum or the other.