Friends, my latest article analyzes the recent bombshell developments in the Brett Kavanaugh confirmation battle. How should Republicans respond to the Christine Blasey Ford allegations? Will Kavanaugh ultimately prevail and join the Supreme Court? Read on and find out!
In Defense of Brett Kavanaugh,
Republicans Shouldn't Descend to Democrats' Level
With some glee,
Democrats are celebrating what they presume is the demise of
President Trump's nominee to be the next Justice of the Supreme
Court, Brett Kavanaugh. The allegations made against Kavanaugh by
Professor Christine Blasey Ford are indeed serious, but in the end
they will fail to deflect Kavanaugh from his path towards
confirmation. Kavanaugh will soon be on the court – and Republicans
should, in the meantime, avoiding overreacting to the political
gamesmanship in which Democrats are engaged, and most of all they
should not smear Professor Ford, whose motives are ultimately as
unknowable as the events which transpired on that fateful day in
1982.
In
opposing the Kavanaugh nomination, leftists and Democrats have shown
a willingness to use inflated rhetoric, false and misleading claims,
ruthless character assassination, and disingenuous tactics of delay
and obfuscation. In short, liberals seem to believe that the
complexion of the Supreme Court is so important that they should stop
at nothing
to defeat the nomination of Kavanaugh. The way in which Democratic
Senators talked down to Kavanaugh and twisted his record and his past
remarks during his confirmation hearings was a new low point for
decorum and respect in the United States Congress. Commentators have
been saying for a long time that Americans' commitment to democratic
norms and civil discourse has eroded to a dangerous degree, and the
fight over Kavanaugh has been an obvious case in point. Democrats
spoke early in the process of their desire to “bork” Kavanaugh
(referring to their successful campaign to defeat Reagan's pick for
the high court, Robert Bork, in 1987), but in truth Brett Kavanaugh
has been handled much more roughly than Bork ever was. He has been
put through the proverbial ringer.
The latest
Democratic efforts to derail Kavanaugh, by weaponizing a vague and
unverifiable claim of sexual assault from his teenage years, is a
fitting capstone to what has been a truly grueling and repugnant
confirmation process. The question now becomes, though, will
Republicans respond in kind? Will they, fearing for their grip on the
Supreme Court if Kavanaugh is defeated and Democrats take control of
the Senate in 2019, overreact and lash out at Professor Ford? Will
they attempt to discredit Ford by questioning her motives, her
veracity, or even her sanity? My view is that this would be a serious
mistake, as well unfair to Ford herself.
Talking heads in
the media, and millions of Americans sitting in their living rooms,
will naturally want to get to the bottom of what, if anything,
happened between Brett Kavanaugh and Christine Blasey Ford 36 years
ago. The truth, unfortunately, is that we can scrutinize their claims
as much as we like, but we will never know the answer. A polygraph
test cannot resolve the issue, because such tests are unreliable, and
in addition recollections can be wrong, even if sincere.
In
the end, therefore, Senators, and the American people, will face a
simple question: should Brett Kavanaugh's sterling record and
reputation be ignored, because he might
have behaved improperly towards Professor Ford, or is he, in the best
traditions of American justice, innocent until proven guilty, and
therefore deserving of confirmation? Much as some in the #MeToo
movement might wish it were otherwise, this is still a country of
laws, and one in which evidence matters. One cannot destroy a man
simply by accusing him of wrongdoing. The election of President Trump
in 2016 proved that, beyond any shadow of a doubt.
Republicans
and conservatives, therefore, should have confidence that, going
forward, Brett Kavanaugh, unless he suddenly admits guilt in the Ford
matter, will be
our next Supreme Court Justice. Frankly, the motives, veracity, and
sanity of Professor Ford are irrelevant. Even if she were the most
credible witness in the history of Senate hearings, her performance,
no matter how compelling, should not be – cannot be – sufficient
to end the career of Brett Kavanaugh. It is only facts
that can accomplish that, not suppositions or posturing, and in this
case the facts – the evidence – supporting the allegations are
very thin indeed. Thus, we must in all fairness conclude that
Kavanaugh is innocent.
On the other
hand, Republicans face real danger. If they were to treat Professor
Ford with, well, the same savagery and contempt that has been
inflicted on Brett Kavanaugh, there is a possibility that public
sympathy for the Judge would evaporate, and the whole affair could
turn into an ugly mess.
No, Republicans
must be the adults in the room. They must treat Judge Kavanaugh, and
his accuser, with the sort of fairness, circumspection, and respect
that has eluded their Democratic colleagues throughout the process.
Republican Senators thus far have shown every indication that they
intend to do exactly that: they will act responsibly and judiciously,
and they will show sensitivity to Professor Ford and allow her to
keep her dignity. Americans will thus be left in no doubt about which
party is acting in good faith.
The entire
bare-knuckles campaign to defeat the nomination of Brett Kavanaugh
can be likened to a leftist tantrum, characterized by vitriol as well
as futility. The numbers in the Senate, after all, are with
Republicans, and thus the truth has always been that, as long as
Republicans keep their cool and close ranks to support a solid
conservative nominee, nothing and no one can prevent them from
confirming a good man like Brett Kavanaugh.
Democrats can
fume all they like, but we won in 2016, and we will win again in the
next few weeks, as we make Brett Kavanaugh a Justice of the Supreme
Court, and, in the process, tilt the Court even further to the
(responsible) right.
