Let me count the ways.
Mueller is closing in, so Trump elevated Brett Kavanaugh above the other candidates for the Supreme Court to protect himself. Kavanaugh believes there can be no limit set on executive power: the president may not be indicted nor his greed restrained. As Nixon said, “When the President does it, that means it is not illegal.” Trump’s ambition and rapacity would be unfettered with no opposition from SCOTUS.
Almost 200 congressional Democrats filed a federal lawsuit last year charging that Trump was illegally profiteering from his businesses. That suit was just given a green light as was another, that Trump was violating the emoluments clause of the Constitution, filed by the attorneys general of Maryland and Washington, DC. Trump will soon need Kavanaugh to protect him from the sanctions of the co-equal branches of government.
Women, of course, stand to lose the most if Kavanaugh is confirmed. The judge is in favor of overturning Roe v. Wade, greatly hobbling a woman’s ability to determine whether and when to have children and therefore be able to make a life for herself without depending on husband or father.
The differences in opinion between the far right that wants to put women back in the kitchen and progressives who believe that society suffers when half the population is not able to contribute its talents to the common good are philosophical and tightly held. The place of religion, the rights of non-white citizens, immigration, gay marriage, traditions that glorify the antebellum South, all contribute to a rancorous divisiveness that alienates the two Americas as never before since the Civil War.
But we knew all that before the profoundly moving confrontation between the presentations of Dr. Christine Blasey Ford and Judge Kavanaugh. Thursday’s Senate hearing solidified the positions of both sides, though Dr. Ford impressed even the president and his sycophants with her careful, sincere and clearly difficult testimony. At the very least, Republicans knew it was politically expedient not to further alienate women, to admire her courage and acknowledge the pain she confessed before the entire country.
Then it was Kavanaugh’s turn. I understand the disappointment, the anger, of scrabbling to the peak of judicial accomplishment only to slip as you’re cresting the summit and plummet into an irretrievable abyss. Republicans felt Kavanaugh was justified in venting his rage, especially since he and they felt cheated and out-maneuvered.
Still, I was appalled at Kavanaugh’s complete loss of control and composure. This man who aspires to the pinnacle of his profession lapsed into a tantrum, belligerently lashing out and crying in the manner of a spoiled child whose promised toy was snatched from his hands. For a man in his position with so much at stake, as a prospective justice, he should certainly have exerted self-control.
Not bothering to hide or disguise his contempt for Democrats, for the hearing or for the U.S. senators who asked him questions that he clearly thought were beneath him, he failed a test of coolness under fire. He was rude. He sneered and snarled at Senators Amy Klobuchar (D-MN) and Dianne Feinstein (D-CA)— both women— and did not deign to answer their questions. He went so far as to throw their questions back at them, and when Feinstein pressed him, he broke his silence by saying he’d already answered the question and then again persisted in his non-answers.
He was about as partisan and petulant as a judge could be expected not to be:
“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, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups.”
To questions about his alleged behavior when drinking too much, Kavanaugh proudly threw out his academic achievements. He seems to think that his Ivy degrees will shield him from any accusations of impropriety. When Sen. Sheldon Whitehouse (D-RI) asked about a reference to drinking in his calendar, Kavanaugh deflected:
Senator, I was at the top of my class academically, busted my butt in school. Captain of the varsity basketball team. Got in Yale College. When I got into Yale College, got into Yale Law School. Worked my tail off.
Complete non sequitur. ‘I got into Yale’ isn’t a moral defense. But Kavanaugh tried it again when Sen. Mazie Hirono (D-HI) recalled that Kavanaugh’s roommate described him as “a notably heavy drinker, even by the standards of the time.” Kavanaugh’s response:
Senator, you were asking about college. I got into Yale Law School. That’s the number-one law school in the country. I had no connections there. I got there by busting my tail in college.”
What we witnessed was a manchild who is sure that he is entitled to the ultimate prize for his hard work, that he deserves the prize because of the Yale degrees on his CV. He couldn’t control his rage because he is convinced of being cheated of that prize, falsely and spitefully accused of a sexual assault he insists he couldn’t possibly have committed then or ever.
Dr. Ford is “100 percent” certain he was her attacker and Kavanaugh is also 100 percent sure that he wasn’t. But the reason that this isn’t a simple “he said, she said” is that Ford suffered a traumatic event “forever seared” into her memory. For her, it was a singular, extraordinary experience. I do believe in due process, so I can’t say he is guilty, but I also believe that it is entirely possible for a man, especially under the influence of alcohol, not to remember something that for him was unremarkable, a possibly common occurrence.
Brett Kavanaugh’s refusal to answer questions at a hearing that he says he requested, his contemptuous, condescending interaction with U.S. senators, his demeaning treatment of women and his inappropriate, raging belligerence are reasons enough not to elevate him to the Supreme Court.