Still as Supreme?
Judge Brett M. Kavanaugh was confirmed to the Supreme Court on by one of the slimmest margins in American history. The Kavanaugh confirmation, which occurred against the backdrop of midterms where control of Congress is at stake, gave Republicans what they believe is momentum to ensure that they keep their slim Senate majority. Judge Kavanaugh's confirmation was the attainment of President Trump's campaign promise to ensure a Conservative majority on the Supreme Court.
To simply say that Judge Kavanaugh's confirmation was controversial would be a gross understatement. He was confirmed by a 50-48 Senate majority that voted almost entirely along party lines. This was expected by the public. What was not expected, was that the hearings that began as a debate over Judge Kavanaugh's controversial judicial policy, would eventually descend to a mock trial concerning serious allegations of sexual harassment.
The last minute disclosure of Professor Christine Blasey Ford's sexual assault allegations against Judge Kavanaugh threatened to imperil his confirmation.
Earlier in the summer, Christine Blasey Ford wrote a confidential letter to a senior Democratic lawmaker in which she detailed her sexual assault allegations against then Supreme Court nominee Brett M. Kavanaugh. Professor Ford alleged that Judge Kavanaugh had sexually assaulted her at a party while they were in high school. Judge Kavanaugh vehemently denied the allegations and her testimony could not be corroborated by other witnesses. The FBI re-opened its background investigation into the judge to specifically look into allegations of sexual misconduct. The brief probe, which was limited in scope, wrapped up before the Senate-imposed one week deadline. Given this, Judge Kavanaugh's confirmation will have a significant impact on the fabric of the nation's culture and the public's perception of the Supreme Court.
The # MeToo movement may have brought the issue of workplace sexual harassment into the public's eye, however, Judge Kavanaugh's confirmation process highlighted the need to institute proper procedures to investigate allegations of sexual assault against government figures. It also emphasized the polarization of American politics. Sexual harassment allegations should be examined and investigated through a bipartisan lens. Republicans are more inclined to believe allegations against Democrats or Liberals. Similarly, a Liberal is more likely to believe criminal allegations against Conservatives.
The Justice system should be perceived by the public as unbiased entity that is committed to upholding the laws of the United States without consideration to politics. In particular, the Supreme Court is now perceived to be just as biased or partisan as Congress. It no longer remains the shining institution solely devoted to the cause of justice above the political fray. Although several factors have contributed to this perception, the confirmation of Justice Kavanaugh only served to cast more doubt on the Judiciary’s future neutrality.
