The rush to judgment in confirming Brett Kavanaugh to the Supreme Court seems to be hurtling toward its conclusion. The Senate Judiciary Committee seems firmly committed to having an up or down vote on confirmation this coming Monday. And thus we have the very real prospect that an accused sexual assaulter may very well be dispensing justice from the highest court in the land.
Make no mistake about it, this determined stampede toward stacking the Supreme Court with the fifth intransigent conservative justice has nothing whatsoever to do with the pursuit of justice or the prevention of the Court's veering off into a Far Left interpretation of the law. This has everything to do with establishing a Republican political agenda in this country through judicial fiat. That's why Mitch McConnell held a Supreme Court seat vacant for over a year, gambling that the Republican candidate for President would win the 2016 Presidential election and then be placed into the position of being able to appoint an Antonin Scalia clone to fill that seat. So just forget the assumption that the Senate Judiciary Committee is engaged in a search for the truth. These hearings are, and always have been intended as a rubber stamp for the Republican Party's political platform.
Okay, that being the case, one can very well ask the question, "What's wrong with that?". I have stated on several occasions that elections have consequences. In the case of nominating candidates to the Supreme Court, this means that a patently unqualified President of the United States can place his mark on our Supreme Court for a generation or more. It is unfortunate, but that is one of the gambles of democracy.
Will confirming Brett Kavanaugh to the Supreme Court lead to bad decisions and even worse public policy? The answer to that question is obvious. Then, you may ask, how can a self-proclaimed liberal simply accede to that prospect or possibility? The reason is that I take the long view of the changes that a Trump Court will bring about. I fundamentally believe that the majority of the American people oppose the most radical elements of the Republican political agenda. More to the point, when that agenda becomes the law of the land through the mechanism of the Supreme Court, Republicans will then own the consequences.
Take the issue of Roe v. Wade. In spite of Judge Kavanaugh's stated assertion that he believes Roe v. Wade is established law, it is not beyond the realm of the possible that a Justice Kavanaugh will rule to overturn Roe. What happens then? America will revert back to the way things were pre-Roe. Women all across this country will be put in the position of having to realize that as a result of the actions of the eleven men on the Judiciary Committee and the five men on the Supreme Court that their freedom to choose will be taken away from them. All because of the actions of five men in judicial robes. And to a certain extent, the women who voted for Trump in the last election will come to the realization that they have only themselves to blame.
Democrats have waged Presidential campaigns for years warning women that their freedom to choose was at stake. For the most part, a large swath of women chose to ignore those warnings. They clung to the mistaken hope that they would be spared life under a Republican mandate. In 2016, women ran out of miracles as Republicans took the White House, the Senate, and the House of Representatives. This moment was highly preventable. We knew what was at stake but we turned the reins of power over to Donald Trump anyway.
The question is, how will women react to life under a Trump Supreme Court, a Supreme Court that was put into place by the Republican Party. As I said before, elections have consequences. The corollary to that old cliché is that governing also has its consequences. Yes, Republicans won the election in 2016 and one of their first actions was to set about changing the face of the American judicial system, which was their right as a result of winning the 2016 elections. But when they come before the American people again to renew that mandate they will have to live with the consequences of what they have done governmentally and judicially. Let's just hope the American voting public has learned its lesson and votes accordingly.
Filed under: Politics