A Nation Divided: the Nomination and Accusations against Judge Brett Kavanaugh

Kavanaugh’s nomination as a Supreme Court Justice looks likely in the face of sexual assault allegations against him, but has the potential to drive divisions deep into the US public.

Key Actors:

• Judge Brett Kavanaugh: Trump’s pick for the US Supreme Court; accused of sexual assault
• Dr. Christine Blasey Ford: main accuser of Brett Kavanaugh
• US Senate Judiciary Committee: group of 22 senators responsible for approving Supreme Court Nominees before s/he faces the entire Senate

Judge Brett Kavanaugh’s Supreme Court nomination has been contentious ever since early July, when President Trump announced his intention to make Kavanaugh a new Justice after former Justice Anthony Kennedy announced his retirement. However, his appointment has been left hanging by recent accusations of sexual assault, leaving senators struggling to reconcile the stories of assault and his subsequent denial.

Who is Brett Kavanaugh?

Judge Brett Kavanaugh is Trump’s pick for the newly-vacated spot in the US Supreme Court. The Supreme Court is the final judge of all laws passed by the President and Congress, including landmark decisions such as Roe v. Wade, the law that decriminalized abortion.

What worries many about Kavanaugh’s nomination is the disruption of the delicate power balance in the nine-person Supreme Court. For years, the court maintained a general ideological neutrality with the centrist Anthony Kennedy balancing the four liberals and four conservatives. However, Kavanaugh is far from a centrist. Opponents claim his staunch Conservative views will give Republicans a clear 5-4 advantage in the Supreme Court for decades (Supreme Court Justices serve til death or retirement).

What are the Accusations?

Brett Kavanaugh has been accused of sexual misconduct or assault by three women – Deborah Ramirez, Julie Swetnick and Christine Blasey Ford. Ramirez accused Kavanaugh of exposing himself to her during university, while Swetnick reportedly witnessed Kavanaugh participating in gang rape and verbal abuse at university parties.

However, the most prolific accusations come from Dr. Blasey, who accuses Kavanaugh of attempted rape at a university house party during 1982. Letters written by Dr. Blasey to Senator Dianne Feinstein (D-California) surfaced on September 14th, detailing her story of attempted assault by Kavanaugh.

Dr. Blasey’s accusations have delayed Kavanaugh’s scheduled hearings in front of the Senate Judiciary Committee (see key actors). On September 27th, Dr. Blasey and Judge Kavanaugh testified in front of the Senate Judiciary Committee, both giving extremely emotional testimonies. In questioning, Dr. Blasey asserted she was “100% sure” that Kavanaugh assaulted him, while Kavanaugh angrily decried this statement, saying “I am innocent.” The rest of the hearing proceeded in a similarly emotional fashion.

What’s the aftermath?

In the Senate Judiciary Committee’s subsequent hearing and vote, a 11-10 vote strictly along Democrat-Republican lines resulted in a decision to send Kavanaugh’s nomination to the full Senate. The one abstaining vote was Senator Jeff Flake (R-Arizona). Once seen as the swing vote which could’ve stalled Kavanaugh’s nomination in a 11-11 vote, he instead stated that Kavanaugh should be treated innocent until proof is provided (even though this isn’t a criminal case) and asked for one extra week for the FBI to investigate. The Committee has yet to make their decision to grant his wish.

Reactions

Conservatives across the US are lauding Kavanaugh’s testimony as standing up to the liberal order, which they see as threatening their values. They believe that Kavanaugh should be treated as innocent until proven guilty, and many support Kavanaugh’s angry reaction towards Dr. Blasey’s accusations. Many echo Kavanaugh’s sentiments of a Democratic “character assassination” against him as a last-ditch attempt to block his nomination.

Liberals predictably argue that Kavanaugh’s nomination should be stopped in light of these developments. They support Dr. Ford’s bravery in stepping forward and sharing the truth. Many sexual assault victims sympathize with Dr. Blasey’s 36-year long silence on the matter. Now, with the rise of the #MeToo and #TimesUp movement, is the best time for Dr. Blasey to come forward to accuse a powerful man with the potential of sitting on the Supreme Court, the definitive benchmark of US morality and legality.

The case of Kavanaugh has the very real potential to divide an ever-more partisan America. The choices of senators in the coming weeks will leave decades-long effects on US politics and could dramatically shift the nation to the right. Regardless of the result, neither party will forget this prolonged and painful incident in the years to come.

Bibliography

“Brett Kavanaugh: Senate Committee Due to Vote on Nominee.” BBC News, BBC, 28 Sept. 2018, www.bbc.com/news/amp/world-us-canada-45674139.

Cummings, William. “What We Know about the Sexual Misconduct Allegations against Brett Kavanaugh.” USA Today, Gannett Satellite Information Network, 25 Sept. 2018, www.usatoday.com/story/news/politics/2018/09/24/brett-kavanaugh-allegations-what-we-know-supreme-court/1408474002/.

Gebelhoff, Robert. “Opinion | No One Should Want Their Party to Control the Supreme Court.” The Washington Post, WP Company, 28 June 2018, www.washingtonpost.com/blogs/post-partisan/wp/2018/06/28/no-one-should-want-their-party-to-control-the-supreme-court/?utm_term=.eca7f1615b36.

Hauser, Christine. “The Women Who Have Accused Brett Kavanaugh.” The New York Times, The New York Times, 26 Sept. 2018, www.nytimes.com/2018/09/26/us/politics/brett-kavanaugh-accusers-women.html.

Kelly, Erin, and Jessica Estepa. “Brett Kavanaugh: A Timeline of Allegations against the Supreme Court Nominee.” USA Today, Gannett Satellite Information Network, 28 Sept. 2018, www.usatoday.com/story/news/politics/onpolitics/2018/09/24/brett-kavanaugh-allegations-timeline-supreme-court/1408073002/.

“Read the Letter Christine Blasey Ford Sent Accusing Brett Kavanaugh of Sexual Misconduct.” CNN, Cable News Network, 17 Sept. 2018, www.cnn.com/2018/09/16/politics/blasey-ford-kavanaugh-letter-feinstein/index.html.

Wolf, Richard, and Eliza Collins. “What Just Happened? Here’s a Breakdown of the Brett Kavanaugh Vote and What Happens Next.” USA Today, Gannett Satellite Information Network, 28 Sept. 2018, www.usatoday.com/story/news/politics/2018/09/28/brett-kavanaugh-heres-breakdown-fridays-confusing-senate-hearing/1457114002/.

Zurcher, Anthony. “Christine Blasey Ford and Brett Kavanaugh Hearing: What We Learned.” BBC News, BBC, 27 Sept. 2018, www.bbc.com/news/world-us-canada-45660297.