Brett Kavanaugh and the revenge of the Democrats
Much of Democrats' Supreme Court fury is about the assault allegations leveled against Brett Kavanaugh. But that's not all there is to it.
Democrats are furious in the wake of Christine Blasey Ford's accusations of sexual assault against Supreme Court nominee Brett Kavanaugh. Plenty of that fury is grounded in Ford's claim that Kavanaugh tried to rape her while both were high school students in the 1980s.
But it's not all about that. At least some of the Democratic intensity on this issue can be explained by history.
If Kavanaugh is confirmed, he will join Clarence Thomas and Neil Gorsuch on the Supreme Court. For many liberals, that adds insult to injury. Thomas narrowly won Senate approval in the early '90s after Anita Hill testified that he had sexually harassed her when they worked together. Gorsuch filled a seat left vacant for a year after the death of Antonin Scalia, with Senate Republicans blocking Barack Obama's nomination of Merrick Garland.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Democrats are still angry over both of these incidents. And the desire to avenge Hill and Garland is strong.
"This time around, our senators have a chance to demonstrate that things really have changed since 1991," wrote Vanity Fair's Jill Filopovic after decrying "the brutally sexist and racist interrogation of Anita Hill."
"In my opinion, if Hill's story had been handled properly earlier in the process, and she had been given time to prepare to testify, Thomas would not today be the senior associate justice on the Supreme Court," argued Timothy Phelps, the reporter who broke Hill's accusations against Thomas. "But who can blame Ford for not wanting to go public after what happened to Hill?"
Hill herself took to the pages of The New York Times to weigh in on the Kavanaugh imbroglio. "There is no way to redo 1991, but there are ways to do better," she began, concluding, "In 2018, our senators must get it right."
Other liberals have noted that rejecting Kavanaugh — regardless of the veracity of Ford's specific claims — would consign him to a fate no worse than Garland's.
"The penalty that Kavanaugh is facing here, in the wake of allegation of attempted rape, is not getting a Supreme Court seat," tweeted commentator Chris Hayes. "It's literally the same penalty already imposed on [Merrick] Garland for the crime of … being nominated by a Democrat."
"If the Senate declines to promote Brett Kavanaugh, he will end up exactly where Merrick Garland did after his SCOTUS appointment — back as a judge on the D.C. Circuit," concurred Hayes' MSNBC colleague Ari Melber.
Phelps contended that "confirmation is a political process where the interests of the country are more important than the rights of any individual." He quoted Sen. Robert Byrd, the late West Virginia Democrat who also had an imperfect past, as saying, "If there is a doubt, I say resolve it in the interests of our country, its future. Let's not have a cloud of doubt for someone who will be on the court for many years."
Of course, most Senate Democrats were already ready to oppose Kavanaugh for the "crime" of being nominated by a president of the wrong party — or, to put it more charitably, for subscribing to a judicial philosophy with which they disagree, as most nominees of the opposition party do. That is their right, just as Republicans had the prerogative to balk at Garland for the same reason.
Suggesting that this is no more significant than the Senate implicitly endorsing the conclusion that a Supreme Court nominee is an attempted rapist seems a stretch. The preponderance of evidence would still matter here, whatever injustices were arguably done to Hill or Garland.
But there is no question that the forces at work here are much bigger than the facts surrounding this nomination. In the #MeToo era, many women have experiences similar to Ford's. They have also seen female accusers, sometimes themselves included, treated with undue skepticism and disrespect.
Listening to Democratic Sens. Kirsten Gillibrand and Mazie Hirono talk about Ford's charges against Kavanaugh, it is clear that they are driven as much by the broader issue of men mistreating women as the details of this particular case.
"I just want to say to the men of this country: Just shut up and step up. Do the right thing for a change," Hirono declared. "Not only do women like Dr. Ford, who bravely comes forward, need to be heard, but they need to be believed."
Given the extent of the sexual harassment and worse we know has occurred in this country, such a reaction is understandable and perhaps inevitable. Whether it is the best way to ensure the just resolution of the Kavanaugh-Ford matter remains to be seen.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
W. James Antle III is the politics editor of the Washington Examiner, the former editor of The American Conservative, and author of Devouring Freedom: Can Big Government Ever Be Stopped?.
-
Why Bhutan hopes tourists will put a smile back on its face
Under The Radar The 'kingdom of happiness' is facing economic problems and unprecedented emigration
By Chas Newkey-Burden, The Week UK Published
-
7 beautiful towns to visit in Switzerland during the holidays
The Week Recommends Find bliss in these charming Swiss locales that blend the traditional with the modern
By Catherine Garcia, The Week US Published
-
The Week contest: Werewolf bill
Puzzles and Quizzes
By The Week US Published
-
US election: who the billionaires are backing
The Explainer More have endorsed Kamala Harris than Donald Trump, but among the 'ultra-rich' the split is more even
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published
-
1 of 6 'Trump Train' drivers liable in Biden bus blockade
Speed Read Only one of the accused was found liable in the case concerning the deliberate slowing of a 2020 Biden campaign bus
By Peter Weber, The Week US Published
-
How could J.D. Vance impact the special relationship?
Today's Big Question Trump's hawkish pick for VP said UK is the first 'truly Islamist country' with a nuclear weapon
By Harriet Marsden, The Week UK Published
-
Biden, Trump urge calm after assassination attempt
Speed Reads A 20-year-old gunman grazed Trump's ear and fatally shot a rally attendee on Saturday
By Peter Weber, The Week US Published