Monday, October 01, 2018

The Republicans Need to Recognize that Bret Kavanaugh is Not the Right Person for the Supreme Court

By P.S. White

With the accusations flying and the Republicans trying to deflect attacks on Trump’s Supreme Court nominee Bret Kavanaugh, there has been much in the way of contentious noise in Washington D.C. the last few weeks (apart from that coming regularly from an erratic White House).  Many among the GOP have claimed that Kavanaugh’s accusers are not credible and that coming forward at this time is politically motivated.  But they have gone so far into the weeds that they can’t see the most important issue here: the fact that the public in general have little confidence in Kavanaugh and that he should not be appointed to the Supreme Court.

The fact that several women have come forward with assault claims against Kavanaugh from as much as thirty years past certainly seems specious and obviously draws suspicion of political motivation (note that I am not doubting the claims, just commenting on the timing).  Of course, the Republicans blocked President Obama’s nominee claiming that such a nomination should not occur in an election year, so they played the game of politics themselves as recently as 2016.  The Supreme Court is the branch of government that should be most shielded from political jockeying, but sadly both parties have typically failed on that point.

While the accusations against Kavanaugh should definitely be addressed, it seems at this point that there is not a legal justification for forcing him to step down.  But that doesn’t mean that he should be confirmed for the Supreme Court, and this is where the Republicans need to do the right thing and cast their votes against him no matter what, if anything, the FBI investigation turns up.  Otherwise, his elevation to the highest court in the land will place a black mark on that institution for the length of his tenure which could be thirty years or more.

The public confidence in the Supreme Court, long considered one of the most stable and trusted branches of government, has already waned in recent years.  A recent Gallup Poll looking at our public institutions found that the confidence level dropped in 2018 after a slight resurgence last year, and that it has been on a downward trend for several years.  The current partisan struggles to get a controversial nominee appointed will likely drive that down even further.

The fact is that after the allegations as well as Kavanaugh’s unhinged response to them, it is unlikely that he will be considered a competent member of the most important court in the land beyond partisan supporters.  That base does not represent the country as a whole and it is important that the general public, not just the Republican loyal, have confidence in this man’s ability to carry out his responsibilities.

If the Republicans insist on sticking with Kavanaugh, it will almost certainly result in a backlash from women voters.  And the GOP is already trying to recover from its highly partisan, unpopular moves from the past year and a half such as corporate tax cuts, failure to support the AHA, hardline immigration policies, and generally poor representation of minorities (who make up a notable portion of the voting public).  They continue to pander to the white, mostly male, wealthy demographic, even though that group fails to represent the country in general.

The Republicans have made more than their share of missteps since the party secured control of the Executive and Legislative Branches in 2016, and they have a president who has become increasingly unhinged and proved quite an embarrassment to the party and the country.  Now they must decide on whether to nominate a man to the Supreme Court who has a checkered past and who has shown erratic behavior similar to that which mars the presidential administration.

A vote for Kavanaugh looks far too much like another partisan move that is in the best interests of the Republican Party, not the country.  It will almost certainly result in a backlash during the coming elections and could have long-term and far-reaching negative consequences to all Americans.  There are better candidates available, and the Republicans should understand that the best move for them at this point is to vote against Brett Kavanaugh when the time comes.

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