In the USA, Supreme Court judges have tenure for life (or until they choose to retire). They don’t retire at the age of 65 as they do here in India. So, once a person is appointed Justice of the Supreme Court of the United States, that person is one of just 9 who have massive powers to literally shape the course of the country's history. Brett Kavanaugh is nominated to become one of the nine judges of the SCOTUS and many are violently opposed to this. Here’s why:
Anthony Kennedy was the crucial swing vote for many of the decisions of the SCOTUS. In controversial decisions relating to religious liberty, reproductive rights, gun rights etc., each of the justices would often rule in accordance with their political affiliations and Kennedy was instrumental in breaking a 4-4 deadlock in many important cases.
Nominated by President Donald Trump, Brett Kavanaugh is likely to be the next justice of the SCOTUS. Kavanaugh is spoken of in glowing terms as a thoroughly nice guy: someone who coaches kids’ teams, does volunteer work and is a devoted family man. So what is the hitch?
Kennedy was instrumental in upholding Roe v Wade (the landmark judgement upholding women’s right to abortion), legalising same sex marriages, as well as overturning DC’s gun ban, upholding warrantless tapping and weakening campaign finance restrictions. So he was seen to rule on both sides of the political divide. Kavanaugh on the other hand is down the line conservative who will replace Kennedy and tilt the balance clearly in favour of the conservatives. Many are highly apprehensive that this could mean the overturning of several liberal precedents of the past and a possible erosion of women's rights, gay rights, weakening of anti-discriminatory and environment protection laws, curtailment of affirmative action, etc.
On 16 September 2018, a Palo Alto University professor, Christine Blasey Ford, came forward with an accusation against Kavanaugh. She alleged that he had tried to rape her at age 17 when they were both students. First the charge was made anonymously but when these were sought to be dismissed by Republicans, Ford came forward and revealed her identity.
Donald Trump Jr, son of the President posted this on Instagram to ridicule and trivialise the sexual assault accusation.
Kavanaugh has himself categorically denied that any such assault happened; his supporters have come out and dismissed the allegations as being false and motivated. 65 women known to Kavanaugh have signed a letter that states how he “has always treated women with decency and respect”. For her part, Ford has undergone a lie detector test and in the past has spoken about the assault and the resultant trauma with her therapist as well.
Those of Kavanaugh's supporters who feel that the assault could have happened, dismiss the incident as being of a different place and time; when sensibilities were different and therefore not to be taken as seriously as they would today. They feel that the incident was a result more of youthful high spirits rather than an attempt to rape; excusing it all away with an indulgent boys-will-be-boys mindset. Then of course there is the victim shaming angle that comes into the picture: why has she chosen to come forward now, after all these years, say all of those who want to try and cast suspicion upon and dismiss the accusation.
The fact is that a man’s personal integrity and probity are under the scanner now at a time when he is likely to be appointed to such an august office. His accuser may not have come forward before for several reasons and felt compelled to do so now, when there is so much at stake. Even if people feel that Kavanaugh’s life as a honest, principled and upstanding guy somehow exonerates him of past dis-deeds, there is still one question that no one seems interested in asking.
How good a judge is Kavanaugh likely to be? What are his credentials as a jurist? Is he likely to be a good judge who will rule in favour of the rights of people? Will he do justice? In my humble opinion those are the important questions to answer, because being a nice guy is not tantamount to being a good judge... also if one is guilty of sexual assault, one is guilty. For life. One does not become less guilty by virtue of lapsed time.
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