Debate Magazine

The Accusations Against Kavanaugh Show He Shouldn't Be a Justice, but Not for the Harassment Aspect.

Posted on the 18 September 2018 by Doggone
OK, there was a question using a similar scenario to what Kavanaugh is facing given on a test during my legal education, which means that the legal issues here the should be obvious to a first year law student let alone someone who wants to be a supreme court justice.
The fact that Kavanaugh was 17 when this happened should be sending out shitloads of objections to this, but that would only be the beginning. I am amazed that all the profs who blog on this topic aren't going on about them. Clarence Thomas was Anita Hill's supervisor at the Department of Education and the EEOC, not a teenager: major difference.
I am not going to say what they are, but at least one of them is a constitutional issue. The fact that Kavanaugh isn't talking about it makes me worry about how good of a justice he would be.
The fact that this line of questioning Kavanaugh's ability to be a justice was allowed to see the light of day has me worried about the legal fraternity in the US.
So, while these allegations are serious, I don't think this is a fair line of questioning even if they are true. In fact, it makes me wonder how much of a case Kavanaugh's opponents have against him (other than his not having a basic knowledge of the law).
I think Kavanaugh's inability to address this basic issue of the law along with his poor knowledge of the law would be more than enough to deny him the nomination. But dragging an incident that happened 36 years ago is questionable even if true (hint hint).
This incident makes me worry about how far back opponents might go to destroy someone's political career. No one is going to be without some taint, but there may be a dearth of qualified candidates if the nomination process goes over someone's record with an electron microscope.
But the legal aspects and the defences they afford Kavanaugh in this situation are far more troubling to me in this process. The fact that a supreme court justice is unable to articulate them is even more troubling.


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