Kavanaugh accusations aren’t like Anita Hill vs. Clarence Thomas. They are far more concerning
As fervor builds over the Kavanaugh accusations, could this latest development derail the Supreme Court nominee’s path to confirmation?
With new and negative information coming to light concerning Supreme Court nominee Brett Kavanaugh, several outlets are comparing this development to the Thomas/Hill hearings. While both situations have a certain he said/she said scenario, the Kavanaugh accusation is far more concerning.
While the Thomas/Hill story occurred far before the #MeToo movement, this current allegation against Judge Kavanaugh needs to be addressed by the Judiciary Committee. But, will it be?
Dr. Christine Blasey Ford alleges that Judge Kavanaugh sexually assaulted her at a party in the 1980s. According to The Washington Post, she has taken a polygraph test that indicated she was truthful in her statement. There is a call now for Dr. Ford to testify in front of the Senate Judiciary Committee about this allegation.
Judge Kavanaugh has rebuffed the allegations. In an issued statement, he denies the claims levied against him. Even after Dr. Ford’s identity was revealed, Judge Kavanaugh re-issued his original denial statement.
WASHINGTON, DC – SEPTEMBER 6: Supreme Court nominee Judge Brett Kavanaugh holds a copy of the Constitution as he testifies before the Senate Judiciary Committee on the third day of his Supreme Court confirmation hearing on Capitol Hill September 6, 2018 in Washington, DC. Kavanaugh was nominated by President Donald Trump to fill the vacancy on the court left by retiring Associate Justice Anthony Kennedy. (Photo by Drew Angerer/Getty Images)
Multiple scenarios are possible at this point, following the accusation by Ford and denial by Kavanaugh. The Judiciary Committee could hold private sessions with both parties, the parties could testify publicly in front of the committee or nothing could be done at all. Given today’s current climate, it seems unlikely that this issue could go unaddressed.
As of this post, both parties are willing to meet or testify with the Judiciary Committee. The exact manner of that testimony or meeting is uncertain. Between the potential Judiciary Committee confidence vote on Thursday and the volatility of this issue, any action needs to be swift.
As for the similarities between Ford and Kavanaugh and the Clarence Thomas/Anita Hill hearings, timing is at the top of the list. In 1991, President George H. W. Bush’s Supreme Court nominee Clarence Thomas was all but finished with Senate hearings and there’d been little opposition to his nomination. That is until a private interview by the FBI with Anita Hill was leaked, hearings were reopened, and Hill had to publicly testify.
While there might be timing similarities, the accusations by Ford to Kavanaugh are different and more concerning.
During the Thomas confirmation hearings, Anita Hill testified that she was sexually harassed by Judge Thomas while they worked together. Sexual harassment is reprehensible and should not be tolerated. Even before the #MeToo movement, this type of behavior was met with disdain.
Although not as actively enforced as it is today, people have lost jobs, been shunned and otherwise chastised for this type of behavior. While Judge Thomas was confirmed, this charge has become part of his and Hill’s legacy.
Although the Thomas/Hill situation is horrible, the Kavanaugh allegations are more worrisome. Dr. Ford has accused Judge Kavanaugh of a sexual assault, which is a crime. Although the statute of limitations on this potential crime has long passed, it would have been a criminal offense. Does anyone truly want a man sitting on the Supreme Court who has been accused of a crime?
Granted this allegation is strictly that, an allegation. There are no facts testified to under oath. We have one woman’s story and one man’s denial. If both parties testify under oath in front of the Judiciary Committee, the situation changes.
If Judge Kavanaugh testifies under oath and lies during his testimony, that scenario would prevent him from becoming part of the Supreme Court of the United States. The bickering, posturing and other political maneuvers would end. If he doesn’t testify under oath on this issue, it stands as an allegation and a denial.
Given today’s political climate as well as cultural contempt for disparaging acts against women, this accusation cannot be swept under the rug. As SCOTUS potentially could weigh in on many women’s issues in the near future, the Senate should not disregard this allegation.
I personally doubt Kavanaugh will withdraw his name from consideration. To date, the Supreme Court has seen 161 nominations with only 12 of those being fully rejected. Other unsuccessful nominates were withdrawn or had confirmations postponed. Will Kavanaugh join the lost of unsuccessful or make his way to the highest court in the United States?
Whether he is rejected or confirmed, this confirmation hearing will certainly make history.