Great questions! If only the FBI background check had looked into just one of these issues! Kavanaugh's lies under oath alone in previous confirmations hearings and this one should disbar him.
9
Note to Kavanaugh. Don't hang around with Clarence Thomas, to whom you are judicially joined. it will only remind us.
9
We have a Senate run by a liar and full of liars, we have a House run by a liar and full of liars, we now have a president that is a pathological liar supported by these liars. Why not start in on SCOTUS and make it a trifecta?
This country is in serious trouble. I'm an atheist, but for the love of god VOTE. Use the power the Founders gave us, the people. What has come to pass is because we take this gift for granted.
19
Sorry, but the trial/witch hunt is over . . . time to vote!
6
4th question: how the heck did you become a federal judge in the first place?
5th question: Shouldn't you be a president of a really bad christian university that has a good football program but is plagued by sexual assault issues?
18
Rage. I love this. Had Judge Kavanaugh politely denied the allegation of sexual assault, the Democrats would then wonder if this man had no sense of personal honor since his reputation was at stake. 'Any innocent person would've vehemently denied this attack and rigorously defended himself, at the very least, for the sake of his wife and family.' They would wonder aloud 'if he's too weak to stand up for himself, how can we expect him to defend our Constitution?' Please. This guy was never going to win Democrat support. They don't want a conservative Court. I get that. C'est la vie. And the notion of 'partisanship' coming from the NYT? This is where irony becomes burlesque.
7
Are there any Republicans left anywhere who woke up this morning feeling proud of what they've become. Their worst proclivities have been laid bare, the consolidation of money and power, always their REAL M.O. is now raw and naked. And while any thinking person should be sickened by ALL of this, most are left scratching their heads trying to find someone to blame...
5
what happened in1982 most likely cannot be known and anybody who accepts the nominee's story as gospel isn't using their brain to think this through.
however, last week's performance by the nominee is well known around the world and it was plain to see his demeanor displayed atrond the world that afternoon is not that of a jurist and doubly true for a Supreme Court jurist.
The third stool leg of democracy may very well be knocked over this weekend. Putin wins round three.
8
It looks like the Republicans will confirm him. Their position seems to be that this senate "process" can prove Kavanaugh is innocent of any sexual assault or indecent exposure, ignore his lies ... and we will all cheerily be mind-wiped.
It's not going to work that way -- there will be hell to pay.
The cray-cray here is thinking that confirming Kavanaugh ends it. If they do it, it's just the beginning.
For Kavanaugh its the beginning of the rest of his life -- in the public limelight where the majority of the public thinks he did assault Blasey, and a much larger fraction can plainly see he lied under oath.
For the court, it will now have two accused sexual assaulters on the court, and enormous public contempt.
13
This scandal is not going away, even with a successful vote to confirm Kavanaugh.
Given the hurry-up investigation by the FBI, with changing directions from the White House and Twitter and failure to talk to primary subjects, evidence of significant lies by Brett Kavanaugh under oath could easily surface after the fact of his nomination and lead to impeachment or resignation.
Whatever happens, I doubt Kavanaugh will want to spend much time in public after this, as there are a lot of Americans prepared to tell him what they think.
77
@Look Ahead Yes, the scandal does not go away even if he is confirmed. We have an opportunity to use this growing righteous anger against partisanship in judicial appointments. Change the incentives for partisan appointments by changing the results of an appointment, and eventually the partisan behavior will end. Make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
@Look Ahead
I agree. Kavanaugh will be a disaster for the Republicans whether or not he is confirmed.
Thank you for your words, Mr. Kristof.
1
A great column except for the bogus big lie that the Democrats -- specifically Sen. Feinstein -- hid Dr. Ford's letter until the last minute.
How does anyone "ambush" a nominee in a severely abbreviated and uninformed Advise and Consent process railroaded by the Republican illicit majority?
Sen. Feinstein respected Dr. Ford's hesitation to become a victim of GOP slander until: a) Democrats did due diligence on the allegation before putting it forward; b) holding it back if for any other reason Kavanaugh withdrew or wasn't approved by the Judicary Committee, saving him from the humiliation the Republicans ultimately are responsible for.
As Kavanaugh himself said, his nomination has been a total political sham -- engineered out of Republican panic that there's a change in management about to happen.
There's no blame to be assigned the Democrats for throwing sand in a machine that's being abused and misused for GOP's partisan zealotry. I only wish a Democrat would have responded to Sen Graham's hypocritical tirade allowed by Sen Grassley who would never have let a Democrat engage in such an outrageous screed.
They want to poison the wells of the Supreme Court with partisan hacks, replete with the threat of someone even worse if their fair-haired public service ad for beer and sexual abstinence isn't rubber-stamped for the high bench.
"Boofing" isn't flatulence. It's Republican farce.
6
Three questions posed for Nicholas Kristof.
1. Why was Dr. Blasey Ford’s tale never suspect, regardless of zero corroboration or her false and purposely vague recollection of details? A purposely misleading fabrication that is unable to be verified is just that, a convenient ruse without detail designed to delay a confirmation. This indicates Ms. Blasey Ford is not a victim, but instead a victimizer.
2. What motivated Senator Feinstein to hide this until the eleventh hour and again without media suspicion or questions despite her primary challenger providing her ample deception and reason for this duplicity?
3. Why have these Stalinist tactics, orchestrated by a Democrat party marching in lockstep to tyranny, gone unchallenged by a complicit media now determining guilt by accusation and political party affiliation regardless of veracity or corroboration?
Nicholas Kristoff, like his media cohorts, will never regain a shred of respect as your reputation is forever tarnished. Leftism and its ugliness will leave a permanent stain taking down the Democrat party with the collaborating media.
8
The non-responsive answer to a question posed.......
"I got into Yale. I got into Yale Law School" tells you everything you need to know about Kavanaugh's sense of entitlement.....
If that's all you need to do then there are hundred's of thousands with the same credentials......and better...they might
understand what the internal requirements are to be a judge,
never mind one on the Supreme Court......
Tell you the truth, the man didn't even give the impression of being a good, never mind smart Lawyer.....A smart lawyer would have been
forceful but measured.
No sense of Optics, sound,
8
"The answer, my friend, is blowing in the wind. The answer is blowing in the wind..."
1
Just like Caesar's wife, Supreme Court judges must be above suspicion.
I'm uneasy with not abiding by presumption of innocence, but Supreme Court judges are a special case.
1
Lack of empathy absolutely should be a disqualifier. A man displaying the emotional control of a toddler, with no empathy for others and people still think this is a temperament suited to a) any kind of power or b) impartial judgement? Yeah, no.
14
I appreciate this column for providing troubling questions related to Kavanaugh's fitness for his pending appointment to the Supreme Court. The question, "Do you have empathy for those who aren't so blessed as yourself?" is the most interesting in my view, for two reasons, offhand. First, how exactly is empathy per se assessed, and how does it precisely function in the carrying out of justice? Second, I frankly don't how Kavanaugh has been particularly "blessed" in his life through, presumably, the privilege he's experienced ... if indeed the inference in the question is about high privilege and, I suppose, the elitism that often goes it. In other words, do we know what is meant by the term "blessing?" Some have spoken about being possessed by possessions, and lost to themselves and everyone around them. That wouldn't be a blessing at all. For Kavanaugh, his "blessing" may well be a contextual blind spot in consideration of many social situations, and not an asset.
1
Retired Supreme Court Justice John Paul Stevens -- a lifelong Republican appointed to the Court by Gerald Ford -- has come out against Kavanaugh's nomination following his hostile testimony before the Senate:
“At that time, I thought he had the qualifications for the Supreme Court should he be selected. I’ve changed my views for reasons that have no relationship to his intellectual ability...I feel his performance in the hearings ultimately changed my mind...I think there’s merit to that criticism and I think the senators should really pay attention that."
13
Mr. Comey told us that this FBI--his FBI--would do a proper investigation. By all accounts this investigation was a quick and superficial affair. What happened? A number of credible accusations have been made. Every new day brings one or two more. At the hearing Dr. Blasey demonstrated probity and veracity. But the nature of the character of the nominee was on display for all to see. We have eyes, folks. What happened? Without a proper investigation, the FBI looks like a partisan arm of the Trump Republicans. And the court looks like a happy home for Republican partisan sexual predators and other sex offenders.
14
Of course, a “proper” investigation goes on forever. Not finding something simply means that they didn’t dig deep enough, we just KNOW that. At least it needs to last until after the elections.
3
The FBI investigation seems to yield a win-win for Trump. Not only does it give cover to the Republicans so they can vote to seat Kavanaugh, but it takes another step toward totally discrediting the Justice Department in the eyes of American citizens, which Trump has been trying to do for some time.
6
Sorry, but anyone who takes Julie Swetnick seriously should be ashamed of themselves. She's really not worth listening to, Mr. Kristof. Her recent TV interview is proof of that.
6
I had so very much respect from Kristof as a fair and relatively agnostic point of view ---- welcome to guilty until proven innocent ---- welcome to the hypocrisy of releasing Ford's confidential documents after withholding them until the 11th hour --
Another columnist to now avoid
5
You are, as usual, absolutely "spot on," Mr. Kristof! I, too, have issues with the lying and the attitude on display here. The belligerence and the decidedly partisan charges made by Mr. Kavanaugh clearly depict his inability to be an objective and fair judge. The sexual innuendo you've cited certainly added "salacious circus value" to last week's TV broadcast, and the president's highly inappropriate, boorish performance in Mississippi highlights just how low the Republicans are willing to go, but this is a life-long Supreme Court appointment under consideration, and Mr. Kavanaugh is NOT up to the caliber of this job.
7
You mean Justice Kavanaugh.
2
Why...really, why are so many surprised by anything the Deplorable GOP Evangelicals do for power -- especially anything regarding sex?
-->
And why are they so concerned with the sexual aspects and NOT THE PERJURY and PARTISAN HOSTILITY THE JUDGE SHOWED US
8
Fred, the Donald, and now BK all have one thing in common: they all look good on paper; but in reality they like to turn their spots into stripes, or at least put a paisty over them...!
The reason Lindsay Graham was so ticked off was because of the embarrassing calendar entries by Bart K that have come to light with sexual references and innuendo that many people may have not been aware of without consulting an “urban dictionary.”
I pity anyone who has to work along with BK because he has many deep seated partisan issues.
5
As I understand it, he denied that his friends were present at the time of the incident. She named his friends who were present before she and we were exposed to his calendar. HIS calendar supports her contention and disproves his. End of story to any reasonable person, just not to the right wing.
6
Unfortunately it looks like the answer to all your questions is, “It doesn’t matter.”
51
"1. Isn’t an itsy-bitsy lie still a lie?"
Not really, if you recall Bill Clinton's defenders during his impeachment. Remember how they excused his perjury because it was about sex? Who wouldn't lie about sex was the mantra - back then. And remember that the sex he was accused of was unwanted exposure to Paula Jones - the very same act alleged by Ms. Ramirez today.
It's easy for the left to claim today that what Clinton did was inexcusable. But when it counted back in the late '90s, most were silent or actually defended him.
1
"The best apology against false accusers is silence and sufferance, and honest deeds set against dishonest words." (John Milton)
Brett Kavanaugh has already tipped his hand: he has no honest deeds here, and he cannot stop spewing about what he has done.
And Christine Blasey Ford, and the rest of us, have already suffered in silence long enough.
5
Your three questions are not fair. They have little to do with lies, empathy and partisanship. They have everything to do with making partisan points.
Among other things, Julie Swetnick's allegations were not serious. After accusing Brett Kavanaugh and Mark Judge of spiking punch with drugs and alcohol and gang-raping women, she backed away from any claim to have seen that and now her only claim is that they were "handsy" and "aggressive".
I went to high school in America. It was a social pressure cooker. We were growing into being adults. No one should be held to account for what they did in high school based on 35-year-old memories and rumors.
4
For the sake of argument let's stipulate the facts of Ford's case. Feelings are mentioned below
What have we got:
1. There was a party and everyone was a little drunk;
2. Ford and some boys, possibly even Kavanaugh, went into a bedroom;
3. One of the boys pushed Ford on the bed and tried to made sexual advances to her, which she refused. There is no evidence of injury or ripped clothes or penetration;
4.The boy accepted her refusal and everyone left.
In a word, she said no and he accepted no.
All of this long before "no means no" became an accepted mantra.
So what is the problem here?
Her subjective report of her feelings is reasonably questionable because she is a trained psychologist who works with women for sex crimes cases, so she knows how to speak and act in such cases. So even the facts of her case show Kavanaugh in a reasonable light.
2
@JBDubow : Where did you get the idea that "she said no and he accepted no?" She testified that he put his hand over her mouth, making her fear that he would accidentally kill her. She got away when Mark Judge jumped onto them, not as a result of her attacker "accepting no." Besides the fact that your "facts" are not the ones Dr. Blasey Ford testified to, even if they were, you would still have the problem that Kavanaugh denied that anything at all happened, so you are saying it would be OK if he lied about that under oath to the Senate?
4
I foresee many arguments about an Associate Justice Kavanaugh needing to recuse himself on a host of cases before the Supreme Court given his testimony -- under oath -- regarding Dr. Blasey's accusations. The tarnish on the Supreme Court will continue.
6
Judge Kavanaugh: If you want to dispel the charge that you were an entitled, drunken adolescent committing serious boundary violations, you don't act like a extraordinarily entitled adolescent and commit serious boundary violations with US Senators in your "job interview" for the highest court.
It is beyond my comprehension how you did not in every way disqualify yourself for this position by your unhinged and, frankly, bratty behavior.
If I was your mother (and you weren't a man of 53, not a 16-year-old adolescent) you would be grounded and taught some serious lessons about respect and being a gentleman.
5
Why all the gnashing?
THE MAN LIED UNDER OATH!
Repeatedly.
Under past hearings and current.
End of story.
He is not a SCOTUS pick.
Jeez. He's a felon if we go by rule of law.
But for the highest court in the land and for the man ruling over 300 million souls...well make an exception.
The man lied under oath, repeatedly.
Everything else is distraction and machinations.
Toss this rotted fish back and cast out/chose again.
3
These are what is known as “leading questions”: that is, a question asked in such a way that it has only one possible answer. “Do you have empathy”? Seriously? What would you expect any accused in the dock to answer if this question was directed at them? “Yes, I do”. The prosecutor: “You are lying!”. “No, I don’t”. The prosecutor: “See, you are guilty!”. The KGB was really good at this kind of questioning. I am so disgusted by this witch-hunt with echoes of left- and right-wing totalitarianism that I am seriously considering contributing to the GOP instead of Democrats as I used to do. And this is all irrelevant to the question of whether Kavanuagh is the best pick for the Supreme Court. In my opinion, he is not. Not because he is guilty of sexual assault - since there is no proof of it, I am discounting the allegations - but because he seems not intelligent or even-handed enough. Unfortunately, articles like these only make him into a more sympathetic figure than he deserves to be.
1
How do you get the job if you scream at the interview that your new boss is trying to make you look like a fool? That is what Kavanaugh did at the hearing and he still may end up on the court. What happen to respect? Keep in mind this is not just any job it is a life time appointment. It is time for the republicans to go!
3
The entire right wing cabal, Kavanaugh included, has reached a new level of self acceptable depravity. There is no longer a line that can not be crossed in terms of integrity and credibility. They all seem to be happy wallowing with their obnoxiously vile King in a swamp of self pity in which anyone who challenges them or attempts to hold them to an acceptable level of human decency are flawed people.Alice in Wonderland anyone?
4
Well Nick, Kavanaugh could answer, the president lies all day long, so what's the big deal.
5
It will be interesting to see what happens to the Republicans if Kavanaugh gets onto the Supreme Court and Accuser #2 files a court case against Kavanaugh for wagging his junk in her face so long ago. There were witnesses to that event.
We might find ourselves in the unusual situation of an Associate Justice of the Supreme Court having been found guilty of sexual assault by a jury of his peers. Will the Republicans then claim that trial by jury is a liberal plot of the Clintons to take over America?
3
Brink of disaster. One Supreme Court judge can insure dictatorship forever. Think about it.
2
"Where the Supreme Court has made its worst mistakes, the problems have arisen often not from a lack of intelligence but from a failure of empathy. In Dred Scott and Plessy, justices did not appreciate what it meant to be black in America; in Korematsu, what it meant to be a Japanese-American facing internment; in Buck v. Bell, what it meant to be a marginalized woman.".....
"I agree," we can imagine the every Sunday church-going Kavanaugh saying. He likely continues:
"Just like in Roe v Wade the Court didn't consider what it was like to be an unborn baby."
Watch out
3
The (lack of) empathy issue was in question when he dismissed Fred Guttenberg at one of the original hearings, the father of a young girl murdered at Parkland High School that offered his hand and introduced himself.
Maybe he didn't hear him, but the optics along with his calculated and apparently premeditated outburst on Thursday looked pretty bad for his humanity and empathy. I would say one of the most important qualities, aside from an understanding of the law, for a Justice.
3
As a judge, it's your job to listen to both sides of the story. What then drove you to intentionally not listen to Dr. Ford's testimony? And further, to proudly admit that you didn't?
3
The word that describes Trump, the Republicans and Kavanaugh to a T is 'winning'.
That's ALL they care about and none have empathy or concern for the collateral damages of their corrupt choices. None are concerned about what's right for the country, only what's right, right now and before the Nov vote. They can now brag about winning the SC seat after McConnell stole that honor away from Obama.
Mitch McConnell....isn't winning, he cheated. I saw in the NYTs that Mitch bragged about it too. Mitch bragged he could refuse to Obama's face, his choice for the SC.
Obama who won 2 potus terms, has a substantive legacy as president was blocked proudly by Mitch just so he could add to his own empty legacy. Mitch is so desperate to have a legacy that he ignored evidence that Kavanaugh is a LIAR but plowed thru to get him that seat. Mission accomplished...winning for the sake of winning.
That's all Trump and Mitch McConnell care about. As long as they are winning, it's ok to lie and let Kavanaugh get away with lying too.
The Republicans are liars so, why wouldn't they seat Kavanaugh, birds of a feather? They always intended to PLOW ahead, Mitch McConnell runs the show so, let the record reflect that Mitch McConnell plowed under the Truth to seat a LIAR on the SC.
Some legacy. How Mitch, Trump, Kavanaugh or the Republicans can be proud of this Sham of a nomination for the SC is beyond comprehension. They are all distorting reality.
3
I wish Senator Klobuchar had asked him, whether he'd had a drink before his testimony? Because only drunks are belligerent at job interviews.
4
Most countries have their lows and highs. Usually when one hits rock bottom, the only good news is that from that point on, the only way is up and things can only get better.
America hit rock bottom when 45 was elected, but then, instead of climbing out of that hole of moral and ethical political rot, you guys seem to be digging down, deeper every day. The circus around this judge’s nomination is truly appalling; people, in the millions, are dropping their moral compasses just to stick it to the Dems and have their ‘man’ get that coveted life long position. The man wouldn’t qualify for a job delivering pizza in any other context. He demonstrated his absolute unfitness for the job of judge.
The deeper the hole, the longer it will take to climb out...
4
Judge Kavanaugh will be confirmed. The FBI investigation turned out to be such a farce. When FBI's hands are tied, how can you conduct a real investigation. Republicans decided on the scope of the investigation and an absolute ridiculous time limit of 1 week. The FBI was made a scapegoat. Republicans just demanded the outcome they wanted. The entire drama was to create an illusion of righteousness, diligence and due process. They have brought another great American Institution down to dust. The hypocrite in Chief has been Senator Flake. What a smooth operator!
4
Dear Mr. Kristof -- as anyone should know, the Internet does not tell us what terms meant amongst a bunch of boys in Georgetown Prep in 1982. The Times and every other paper has been trying like crazy to find anyone who actually used any of the terms you talk about to see if they could contradict Kavanaugh's claims, and none has emerged. All they could come up with is a claim from someone outside the circle. Your claims of lying are unsupported.
The bad decisions you describe did not come about because of lack of "empathy" but a misreading of the law. "Empathy" has no place in deciding what the law means. "Empathy" means deciding a case in favor of someone you feel sorry for, not for whom the law says should prevail. If a wonderful poor person runs a red light and strikes the car of a terrible rich person, a judge cannot find in favor of the poor person because he feels sorry for them. Justice wears a blindfold because she is not supposed to rule in favor of someone based on who he or she is.
Finally, judges are supposed to be neutral and calm in deciding other people's cases. They are not required to be so when accused of serial gang rapes. There is a reason why no judge is allowed to preside over a case involving allegations against him.
2
As someone who has been sexually assaulted twice (and did not report either time) and as a woman, I believe Dr Ford. But I have to acknowledge that her accusation is not the same as proof. She remembers the assault. Kavanaugh says he does not remember such an incident. Perhaps they are both telling the truth. I would've grudgingly accepted Kavanaugh's nomination if during the hearing he had calmly admitted that he drank to excess in high school and college, that he treated women with disrespect during those years, that he was an immature young man, and he regrets any pain he caused. But he does not remember assaulting Dr Ford. Then ask the FBI to investigate fully. Instead, Kavanaugh lied, he behaved like a guilty man desperately trying to escape the hole he had dug himself into. Forget about the sexual assault--he is not fit to serve on the Supreme Court.
3
It’s like we’ve shoulder-tapped the sloppiest guy in the bar and nominated him for Supreme Court justice.
2
Forgive me if this is repetitive (I have not read the 700+ comments before mine) but the key for me is that Kavanaugh used words directed at the Democrats similar to "What goes around comes around!" Those words were clearly a partisan threat to take revenge upon the "other side" when he sits on the Supreme Court. No person should be permitted to sit as a Judge who has exhibited such vitriolic desire to "get even" which those who opposed his nomination. Those words disqualify him.
5
It's looking likely he will be confirmed, unless Murkowski and Flake vote no. Whether you see the process as fair or unfair to Kavanaugh, you can't dispute that he has little integrity, and no respect fo the Supreme Court. If he did, he would have withdrawn his name by now.
Unfortunately for this whole country, we may be stuck with this partisan cad on the Court. His new black robe will hang in honor by his frat paddle.
3
I would not have a problem with the FBI investigating my life, all of it.
Take as long as they like, as many people as they want to interview.
And I am available for as many questions as they want to ask.
Why can't Kavanaugh say the same?
4
My first question: Did Kavanaugh lie under oath in senate hearings about his drinking habits and history according to his friends? Second question: He proved himself as an extremely angry person. Without satisfactory ANGER MANAGEMENT therapy, should he be confirmed? Third question: He is an extremely right wing political hack. Any kind of fairness or neutrality in judgment can not be expected. Sean Hannity may be less partisan than him. Does this hyper partisan agenda driven person can be a SCOTUS? 46% Americans do not trust the Supreme Court. If Kavanaugh is confirmed, how much the SC will be tainted?
5
Great piece. Stunning that the republicans are using the discourse to wield their power in plain sight, both shaping the false alternate reality and moving it away from the key issues that surfaced during the hearing. It is an act of oppression. Confirming Kavanaugh now will be a betrayal that seeds disenfranchisement and despair. For the Evangelicals part, they will be complicit in placing the last nail in the coffin of Christian faith, and for any other believers involved they will sow the seeds of atheism. Where is humanism?
4
Well asked - but Senator Grassley has ruled you out of order and in contempt of Congress.
And by now, many of us are indeed in contempt of the Republicans on the Senate Judiciary Committee - with the possible exception of Jeff Flake.
And to think that I used to respect Senator Lindsey Graham.
3
Talk about getting down to the bare metal. Thoughtful, insightful piece by Mr. Kristof that framed the issue perfectly.
5
Little lies didn't matter to Trump building his entire resume. Brett Kavanaugh too got a free pass, right form his parents to friends to colleagues.
4
Thank you, Mr. Kristof, for such a fine display of reasoned argument, devoid of histrionics and hyperbole. Too bad the Republicans in the Senate are immune from the powers of reasoned persuasion.
4
I've been on several juries. The judge usually tells us if we find that a witness told any lie it casts doubt on his whole testimony. Dr. Ford didn't lie while testifying. Judge Kavanaugh did. I believe Dr.Ford.
6
she didn't lie because she didn't say anything
As he will be confirmed, it'll be interesting to see how history views him. Justice Thomas is possibly the quietest justice ever. I often wondered if he figured he'd gotten beyond multiple accusations by more than one woman and he was best to fade into the woodwork and do what he was born to do - be the most conservative person on the court. But Kavanaugh openly called it a Clinton payback. He was always going to be confirmed lacking physical evidence, so it had stayed calm then his history could have mirrored Thomas - where people don't respect him but most anger died down. Believe him or not, what he said means a ton of cases will put him in the spotlight as not being able to even pretend a lack of personal bias.
2
The circumstances that caused Mr. Kavanaugh's appearance before the committee to be focused on such a terrible accusation from years ago may or may not have been fair to him. But it wasn't the accusation that caused the majority of Americans to now be against his appointment.
If Mr. Kavanaugh had simply had the self-control and poise to act judicial, most people who are against his politics (which he's certainly made clear enough), might have accepted the inevitable with a certain amount of grace.
But Mr. Kavanaugh, even in his prepared statement, chose to go off the deep end. He said things that can't be taken back, and he treated senators with an arrogance and disrespect that can't be taken back. And, of course, he lied.
Leaving aside all accusations, he disqualified himself for the job.
If Mr. Kavanaugh now gets shoved onto the Supreme Court, the citizens of this nation will lose all respect for the process and for the court itself. Those who care foremost about the well-being of our country will not cause this to happen.
4
Kavanaugh and his nomination approval process is simply one more peg in the coffin of a deeply partisan court. The court simply no longer serves all the people of the United States. The process is severely flawed and no reasonable person trusts the Supreme Court as an impartial body. It is part of the joke that includes the governments lack of concern for voting rights, the appalling percentage of people who even bother to vote, the gerrymandered safe districts, minority presidents (i.e. the last two Republican ones) and the list continues to grow. Some day we may find the will to become a democratic country but Kavanaugh's hearing isn't getting us any closer.
1
It’s interesting that the one question that very few report on or talk about is Judge Kavanaugh’s actual judicial record and his work performance. I suppose that’s irrelevant in a world where everyone is interested in the controversy of the week.
4
@John - Sure let's talk about it, starting with all of the documents the Republicans have withheld. If his work is so sterling why hide it?
3
Could we please remember that the presumption of innocence refers primarily to situations in which the accused faces a punishment of some sort. If the accused is facing an unusual privilege, like being able to impose their opinions on the whole country via the Supreme Court, maybe the presumption of guilt is more applicable. Please, please, can we not confirm the nomination of this man who for sure has behaved with bizarre and violent prejudice on camera in front of much of the nation?
6
While I agree that he lied about numerous terms, the word boof/boofing did actually refer to flatulence where I grew up. It was generally used as a more polite alternative to fart/farting. I really don't know whether Kavanaugh was being truthful about this or not, especially in the context of the other terms he lied about, but thought it should be pointed at least in all fairness.
2
This is a powerful and persuasive column. The Republicans are once again using Trump's tactic of distraction--turning away from the damaging issues at hand and switching to a less damaging issue. As Kristof points out , we are not focusing on what might have happened three decades ago, but on what definitely did happen in the past few weeks: the "small lies" under oath, the lack of empathy, and the obvious loud , crying rage demonstrating a lack of judicial temperment. All this was publicly seen and happened now, with the mature Kavanaugh. What I would have added to the lack of empathy was the painful case of the pregnant teen-ager who crossed the border into America to get an abortion. Legally she was entitled to one, but Judge Kavanaugh sought to impose a Merrick-Garland type of delay to deny her one. This teen-ager , from my reading, seems to have been entirely alone in her facing the judicial system. No mercy or compassion from this judge.
10
The key thing is the Judge has an exemplary record as a judge and as an adult. He is a fair, balanced and extremely well respected judge. Any childhood escapades from any of us should be forgiven with the passage of decades.
If Feinstein hadn’t cunningly sat on this for months we could have perhaps seen less turmoil and more facts. Shame on her.
7
@Joe Yoh That mostly makes sense - the covering the mouth and assault part is the problem with that thought.
@Joe Yoh - Wrong. Look at his appalling pervy behavior during the Clinton debacle and his flimsy excuse for his bad behavior.
Look at his recent lies under oath.
btw, sexual assault isn't a childish escapade.
To assess Judge Kavanaugh's "judicial temperament," one should look not to his appearance before the Senate Judiciary Committee in the character of the accused (what the British call the "prisoner in the dock"), but rather to his service since 2006 as a judge of the U.S. Court of Appeals for the D.C. Circuit. Has his "independence, integrity and impartiality" there been questioned these past 12 years?
I'm a Democrat who would prefer a less conservative justice for the Supreme Court. I want the Democrats to prevail fairly, but not to win ugly, by foisting unproven accusations and snarky interrogations.
8
The only real issue now is Kavanaugh's present truthfulness. An investigation which fails to question him or his accuser is farce. The Democrats wanted the FBI to investigate but were outsmarted again by the Republicans. who managed to limit the investigation.
4
Clearly Brett Kavanaugh is no Soloman but, perhaps,
he can claim some judicial honor by stepping away
from this nomination...
5
624 comments by the time I read this, and not a single one of them matters, just as this opinion piece or what I'm typing matters. This is partisan politics at its best and those in the loss column have one option: VOTE. Maybe the next three SCOTUS appointments will be on the other side then those in the win column today will be in the loss column. Sorry, but it's just the way it is. Eloquently stated and on-point opinions mean no longer matter, if they ever did.
6
Best commentary on the situation that I've read. By a mile.
2
The answers are as clear as day to most people who are willing to be honest with themselves. Yes, the outcome is probably to be expected, although I am disappointed in Flake for being wishy-washy. His was a political calculus, not an ethical one.
One thing though, I don’t think my outrage will be diminished by an FBI finding one way or the other. I do believe Dr. Ford, although I also believe that Kavanaugh could have blacked out and not remembered what he did. I think that very likely. But his display, his demeanor, his subtle lying, especially to small items of crude behavior that many young men have exhibited leads me to believe that he hasn’t learned from his mistakes. Small lies matter. They always matter and are more important when considering someone for a judicial spot. He lied, he knows it, we know it.
The temper tantrum he threw and the vicious attacks at a ‘conspiratorial’ left also shows me that he lacks the quality to be impartial.
He is my age. I went to college with men like this. They were in my Fraternity. They behaved no differently. The drunkenness, the crass comments about women, the self-indulgence, the entitlement were all on display for the world to see. He is still part of that world.
Dr. Ford was brave beyond anything I can imagine. I am disappointed in my gender, in the misogyny that is so prevalent in this world, and the 2nd class treatment of women. It is appalling.
13
This guy shouldn't be eligible for a driver's license, much less a seat on the SCOTUS. Let him come back to the Senate after he's taken anger-management classes, and meantime let the FBI--or the DMV-- investigate him properly.
6
Certain politicians now believe, they will have free rein to do whatever they want on gerrymandering, voter suppression, anti-labor decisions, but they are not taking into consideration the role of John Roberts. Roberts may have the integrity and patriotism to want the public to retain some respect for the Supreme Court. He may also not want to go down personally as a flunky for political hacks. The vote to confirm Kavanaugh will not be the end of the chaos. What will happen when and if more credible accusations become public? We may yet see the resignation of a Supreme Court judge in disgrace.
1
This wasn't a trial. It was a job interview. If I was looking to hire someone and they acted as Mr Kavanaugh did (crying, blaming others, lying (very provable lies like the drinking age in 1982) I wouldn't hire them to mop the floor. He is unfit for the highest court of the land.
6
The alleged empathy Mr. Kristoff high-mindedly invokes is a patronizing display that fails to cover up the actual motivation, i.e., revenge for blocking Merrick Garland. Yes, sexual harrassment and abuse are serious issues but Democrats only care about it when there's political ground to be gained. On the bright side, you win high praise for this tacit transparency.
3
All true but he's going to be confirmed anyway. USA has reached a new low and will continue this path for decades unless voters wake up. Unfortunate.
5
How can high school be salient for evaluating a Supreme Court nominee? Juvenile criminal records are sealed for a reason. FBI background checks start at 18 for a reason. Parsing yearbook entries? Seriously?
Whatever he did as a youth (and the only thing we know for sure is that he was often drunk) he clearly did a "straighten up and fly right" soon thereafter. That is why praise for him as an adult is so widespread (universal?) among those who have worked with him.
The place to test for partisanship is not when his life was self-destructing in front of him, but by examining the cases that he handled and by talking to those who worked with/against him during those many years. By that test, he passes triumphantly and that is what matters.
6
Larry,
The man lied under oath. Repeatedly.
Previously and current.
He failed a simple job interview.
Lying under oath to congress makes him a felon.
We seem to have a different understanding of triumph.
Jeez. If their is this much consternation by the citizens of America, then he doesn't belong on the SCOTUS, which is supposed to be impartial and equal for every American.
Toss this lying felon back and chose another.
It's not this hard.
2
This is all just politics with no wrong or right. However history shows the GOP Senators is more tolerant of SC picks and will vote across the aisle more. Also history shows SC picks that picked by the right have a higher degree of crossing the political aisle.
1
It appears that the judge will be confirmed in just a few days. This will be the final nail in American institutions. The citizen's faith in them will have been completely destroyed.
What's next for this country is uncertain. But all empires fail eventually. I strongly suspect we've entered the ending phase of ours. In fact, the country I grew up in is already gone. It's totally unrecognizable, by comparison.
7
On the SCOTUS, comportment and neutrality are critical. While we have temporally accepted overtly political rulings (Bush v. Gore), we are always hoping for objective, just, rulings.
Judge Kavanaugh's comportment was demonstrably beneath the bar set for lifetime membership in our nation's highest court. Moreover, his partisan attacks on democrats were difficult to interpret as anything remotely objective. His approval would be ill-advised.
7
Mr. Kristof, a nice try for the “second wave”. As a commentator of a certain stature, you wouldn’t get your hands dirty in “the first wave”, which is all about using unsubstantiated allegations to claim that Judge Kavanaugh is a rapist.
The second wave is softer; it all about refusing to own to drinking in high school, getting angry about accusations that are effectively destroying his life, and calling out political partisans who gladly partake in tarnishing his reputation, which of course can itself be called partisanship.
Not only that it’s all flimsy, but you have to admit that we wouldn’t be talking about any of this without the “first wave”, the uncorroborated accusations that you don’t want to get your hands dirty with. If you did not drink in high school, congratulations. If you could keep your zen when your reputation and your life’s work (like teaching law courses at Harvard) is destroyed in the most public way possible, congratulations but I don’t believe it. You will have to prove it to us - the burden of proof is on the accused. Try that and see how you feel.
5
" 'Half a truth is often a good lie.' - Benjamin Franklin"
5
Thank you, Nick for not editorializing with the photo of BT. The photos the paper have been using are cruel in other articles.
@Mary Travers - Kavanaugh knew he was being photographed. If he wanted better photos he could have behaved with a bit more dignity.
1
Fourth Question: If your reputation has been permanently ruined, how can you be an effective Supreme Court Justice?
132
@Rusty Carr Um, eh? Ruined by false allegations. Is that the new standards. If the GOP or Democrats don't like an appointment, all they have to do is raise the specter of impropriety and you lose your ability to be an effective judge?
C'mon.
@Rusty Carr
Ask Clarence Thomas. Then again his approval rating actually went UP after the Anita Hill circus left town.
I guarantee you that two weeks before the 2020 presidential election that not even 20% of Americans will be able to name four members of the SCOTUS.
There will be other sideshows taking center stage.
@Rusty Carr
This is now my favorite question the democrats should have asked him at the Ford hearing.
Evidently 1,700 (and still counting) law professors around the country believed that the conduct exhibited by Kavanaugh in Senate Judiciary Hearings have disqualified him for a position on the US. Supreme Court.
Surely the Federalist Society can come up with a better candidate than Kavanaugh!
Bring back the 60 vote threshold to help ensure that we do not get zealots of either stripe on the U.S. Supreme Court!
11
"We understand that you feel ambushed by Senate Democrats, and you have a point: Democrats should have raised the allegations made by Christine Blasey Ford earlier."
Maybe if Mitch McConnel and the other republicans had not been in such a rush to get Kavanaugh on the SC as quickly as possible, there would have been time to handle this whole matter in an appropriate way. But McConnel decided to make the SC process a power-play back with Garland, so these are the fruits of that poisoned vine.
9
I feel awful for dr. Ford having to go through her trauma at least twice, this last time in public. But she has done our country a great service in allowing us to see the real Judge Kavanaugh - dishonest, vindictive, bitter, partisan and totally disqualifying himself for the high position of Supreme Court Justice. I don't doubt his intelligence, but I highly suspect his wisdom in applying it. The answer to all your questions and more should be no. No confirmation.
7
I had been (past tense) a Democrat since becoming a US citizen in 1990. I did not vote for Trump. But I changes my affiliation because I believe the democratic Party has become morally and intellectually corrupt to the core. I watched all the hearings and testimonies. From the start it was clear that the statements "Dr. Ford's testimony is credible" and "Kavanaugh is innocent until proven guilty" are mutually exclusive. It is a fundamental principle in our great justice system that it is the accuser who has to prove beyond doubts his/her accusations, so the chorus "we believe Dr. Ford, hence Kavanaugh is guilty" is beyond reprehensible. I want each and everyone to put him/herself in Kavanaugh's shoes, sitting there, watching how life long achievements and career are being trashed to the sewer, to read that even before the FBI investigation is complete, Harvard no longer needs his teaching. That students brain washed by the left are allowed to file a complaint stating the his very existence in the classroom is a sexual harassment. How shameful, but typical of the degradation of our campuses orchestrated by the left. So now that it has become clear that no corroborative testimony exists, that this was from the start a shameful smear aimed at destroying the life of Kavanaugh for political purposes, now he has a temperament. Is Kavanaugh the ideal choice, may be not, but he should be confirmed tomorrow. The midterm elections will be different than anyone has expected.
33
@Yehuda Israeli How, exactly, is it clear that "no corroborative testimony" exists? It may or may not exist, I'll give you that, but we will never know because the Senate refused to allow any. Talking to two people in a hearing room is not an investigation, and the FBI investigation was an investigation in name only, since they could not actually investigate Judge Kavanaugh's misstatements.
As for brainwashed students, there are plenty of conservative judges out there. Where did they go to school?
1
@Yehuda Israeli
"So now that it has become clear that no corroborative testimony exists.."
This is absolutely not true. Scores of people came forward to offer corroborative testimony as to Brett Kavanaugh's behavior in high school & college. But the Trump administration did not permit the FBI to interview any of these people. It was a Potemkin investigation.
4
@Yehuda Israeli
If the subject of Mr. Kristof's piece had been whether Judge Kavanaugh had been proven beyond a reasonable doubt (not the standard of proof in this matter, by the way), your views would have been to the point. However, Mr. Kristoff was addressing point by point the obvious lying Judge Kavanaugh engaged in and his display of injudicious temperament. neither of which you decided to address. I am also disappointed that you did offer any substance to your allegation that you stopped supporting the Democrats because they are "morally and intellectual corruption." But maybe I should be more understanding in light of the fact that so many on the rightwing media never bother to support their arguments with specific facts.
3
Thank you for this, the truth and nothing but. The Republicans are determined to put this man on the Supreme Court. I would prefer someone less biased but I guess I'm in the minority. It's a sad day, when partisanship reaches the Supreme Court.
4
Here is how we know Kavanaugh is lying:
http://www.currentaffairs.org/2018/09/how-we-know-kavanaugh-is-lying
5
The fact that you have your own (perverse) definitions of booting and a Devil's Triangle says more about you, Kristof, than Kavanaugh.
1
Nicholas Kristof, you used to have some moral weight out there. You no longer do.
Once you handed your column over to the manipulated daughter of Mia Farrow in order to savage Woody Allen - a man cleared by two independent state investigations - your moral weight dropped to zero.
Let me suggest some real questions rather than your mamby-pamby foolishness:
1. Yes or no, do you recall the drinking age in Maryland rising from 18 to 21?
2. Yes or no, do you recall attending a gathering on or about July 1, 1982 in which you drank beers at residence of Tim Gaudette's mother?
3. Yes or no, do you recall the presence of Chris Garrett?
4. Yes or no, do you recall the presence of any females at the gathering in question?
5. Yes or no, does the residence contain a stairway?
6. If Chris Garrett confirmed that he brought a date or female companion with him that night, would he be lying?
7. Yes or no, did you brag to friends that you could get drunker than they could since you did not own a car and wouldn't have to drive?
8. Yes or no, do you recall making fun of the song, Physical by Olivia Newton-John?
9. Yes or no, do you recall telling friends that if that song came on the radio, you would grab the next girl you saw and "get physical?"
10. Yes or no, do you recall hearing that song on July 1, 1982?
1
A judge once said:
"To be a good judge and a good umpire, it’s important to have the proper demeanor. Really important, I think. To walk in the others’ shoes, whether it be the other litigants, the litigants in the case, the other judges. To understand them. To keep our emotions in check. To be calm amidst the storm. On the bench, to put it in the vernacular, don’t be a jerk. I think that’s important. To be a good umpire and a good judge, don’t be a jerk. In your opinions, to demonstrate civility—I think that’s important as well. To show, to help display, that you are trying to make the decision impartially and dispassionately based on the law and not based on your emotions. That we’re not the bigger than the game…There’s a danger of arrogance, as for umpires and referees, but also for judges. And I would say that danger grows the more time you’re on the bench. As one of my colleagues puts it, you become more like yourself—and that can be a problem."
The judge who said this in 2015 should now look himself in the mirror, decide if he meant those words, and withdraw himself from consideration for the supreme court.
2
Your biased column implies his "rage and partisanship" disqualifies him. His rage was expressed not while acting as a judge, but as a human accused of crimes he says he didn't do. So, if I called you a sexual predator who is fascinated with sexual exploitation of young girls, as evidenced by numerous of your columns, in public in front of your family, would you calmly smile and say, Yes, Senator, I am a Republican white male and therefore should be assumed to be a drunk, lying rapist.
1
@No - If he was so upset about it why didn't he want an investigation to be conducted? An innocent person would welcome the chance to clear themselves.
2
@No
A normal human falsely accused would be calm rather than enraged. They would point out, without the sarcasm and sniping, that being a jerk in high school does not mean he assaulted anyone.
He would be relieved that the accuser named his own best friend as a witness to the non-event, and insist the friend come in and testify. An innocent person would invite a full investigation.
1
http://www.currentaffairs.org/2018/09/how-we-know-kavanaugh-is-lying
It is difficult to gauge Mr. Kristof without knowing more about his high school background. For that matter, he should make full disclosure about his habits in primary school. Was he good at sharing toys - or was he selfish? Does this selfishness affect his writing now? Can he empathize with others?
Did Mr. Kristof ever tell a lie when asked by his parents who'd spilled the milk on the kitchen floor?
When Mr. Kristof play Little League baseball, did he show partisanship by ONLY cheering good plays by his own team, blindly ignoring good plays by the other team?
It looks like we can celebrate on Saturday morning and hopefully soon after the Supreme Court can send those illegals living in sanctuary states like New Jersey home. Nicholas article is journalism at its worst I think when he just assumes some differences of opinion on the jurist's High School yearbook and really who cares that he didn't know the exact date the drinking age was moved back-who cares?.
So we will have a surly, bumptious, wounded Pat Buchanan cum sex scandal baggage and a ton of lies on the Court. Great. Making America Great Again...
John Roberts must be just thrilled: he gets the reliable fifth vote, but a heavily tarnished Court in the bargain. And "The Roberts Court" in history. My sympathy is limited.
1
Nick, we were all teenagers once, so don't you know that they don't always mean things literally and often make ironic references or inside jokes? Please tell us, is a Renate Alumnius one who made a sexual conquest, or one who wanted to but was rebuffed? Right, you don't know. But good thing the Senate is trying to get to the bottom of it.
Exactly how many anti Kavanaugh pieces can this paper produce? He must be the most evil judge in this country to incur such rath.look at his judicial record. What do you disagree with? This emotional crazy rage has no basis.
1
To me, the most telling difference between nominee Brett Kavanaugh and Dr Blasey-Ford is this.
For him it was all entitlement and me-me-me. I'm a good guy, I'm a Yale hero, I didn't do anything bad, not ever. Forget your Q's. I deserve to be on SCOTUS, not held up with all this hassle. It's my destiny.
In contrast, consider how Dr B-F described it. A big footballer's body crushing her lungs and his hand over her mouth. Fearing for her life - yet it wasn't "I thought I'd die" but rather "I thought Brett might accidentally kill me".
Even in recall, Dr B-F isn't thinking of herself, but the booze-addled other. To me, that's empathy. With "accidentally" her one word says it all.
9
Is there anyway to to put the Trumps' clever crimes in a graphic format that ordinary Americans can read and understand? These issues are complex. They require some understanding of math, tax law, and in particular the combination of tax and inheritance laws.
The Trump characters are easily cartoonable: Smoky eyed Ivanka, brash Dashing Donald, Evil Genie Fred Sr., Oblivious Federal Judge Maryanne - but she's such a nice lady!!!! ha, ha, ha. The Senior Mrs. Trump whatever her name was - esqually "oblivious" - who let her husband order steak for her when they ate out.
Please quit under-rating Donald Sr.'s intelligence. He is evil, not dumb.
This needs political cartooning and a healthy dose of Gary Trudeau like insight.
2
Trump cheats on taxes and laughs at the little people who pay theirs. He mocks sexual assault survivors and enjoys applause from the deplorables.
Republicans steal Supreme Court seats and accuse Democrats of partisanship. They throw stones but have no pure heart.
Kavanaugh lies under oath, lies to the American people, lies to his wife and children. He lies to priests to obtain absolution for his lies.
Here's my three questions:
Will your Catholic God grant you reconciliation when you don't ask forgiveness from those you harmed?
How about when you show no remorse?
How about when you continue to lie Brett?
3
Someone just shared this link in the comments following an article on the "Washington Post":
https://www.durbin.senate.gov/imo/media/doc/Letter%20to%20Chairman%20Gra...
It's Senator Durbin's letter.
the FBI is being reigned in. They won’t interview Ford or Kavanaugh. It’s all a total farce. Read!
https://whatthefuckjusthappenedtoday.com/
1
It is no wonder the country is divided as we know different facts. The NY Times, for example, commonly fails to inform it's readers about anything that disrupts it's preferred narrative like the one they are pushing about how we should always "trust women" and, in particular Ms Blasey Ford.
They are not informing you that Ms Blasey's former boyfriend filed a sworn statement claiming that Ms Ford outright lied several times during her testimony and he cited dates and people involved to back up his claims. He relays that Ms Blasey not only flew regularly without fear including in small private planes but that she never showed any evidence of claustrophobia and , most importantly, that she helped coach a good friend on how to take a polygraph and pass and how to stay calm while taking one. This directly contradicts Ms Blasey's sworn testimony when she swore twice that she had never done exactly that.
Oh, and he also testified that she tried to defraud him of $600 by continuing to use his credit card after they broke up and he had to threaten to get the fraud authorities involved before she admitted she had and agreed to pay him back. Of course you people who depend upon the lefty media for your news likely won't know about this because you aren't meant to ever doubt what they want you to believe!
Believe women?? Not that one!
If you want to know the truth you have to read far more than the NY Times or watch CNN. They only tell you half of the story.
2
@Steve W
I believe the Times had an article covering this yesterday.
the fbi background check, like the senate hearing last thursday, is a sham. they were not given free rein to do a full investigation. the gop is enabling sexual assault. what message are they sending young teenagers aspiring to become supreme court judges ? You can drink 100 kegs of beer when you are underage if you are a boy, and you can assault girls under the influence, and if you are a girl, you should be very very scared because nobody is going to protect you. Not the GOP senators and congressmen(enablers of sex assault) or the president(a sex predator himself). Even the Supreme Court may have an accused rapist on it's bench soon.
4
I'm shocked that Kavanaugh still has support after the air-tight testimony of his victim. He assulted a woman sexually! He's a monster.
If this guy is confirmed I think we can consider the country over. Done. I won't support the laws of the land anymore, not if they're made by bad people.
Another question; "Why do you love yourself so much that you will damage your country by being a stain on the Supreme Court. (Please remember, you will never be there long enough to 'Opinion" your way out of the hole you dug for yourself.)
3
Perhaps this column should be posted as a comment to Bret Stephens column.
Lies and whimpers, accusations hurled at interviewers, tears and spittle flying. That lands you a sit on SCOTUS? Unfathomable.
156
Here is the mystery for me. If I were in the Senate, I would have judged this judge as unfit for the SCOTUS appointment. On the basis of the accusations, to some extent. Moreover, on the basis of his performance; on the basis of his past employment as a GOP henchman, a political operative; on the basis of concern for his potential problems with alcohol. I would look in my bathroom mirror and know that I must vote my heart, so that tomorrow and the next day I would still like and respect the person I see in my mirror. I would risk political estrangement, a loss in the next election, excessive public scrutiny-- all of it. I would not be willing to lose myself. What is wrong with 100% of the GOP senators, that they will vote for this guy? Is there no face in their mirrors? Have they no soul or sense of history, or concern for justice? Have they long ago lost their own sense of self, so that now no decision of conscience matters to them at all? What sad, empty shells of human beings they must be.
4
Judge Kavanaugh even parts his hair on the right! I’m just sayin’.
2
Nick. What do you make of Ford’s lies?
1) second front door installed in 2008 not 2012 and it was used for a private office which is common in Palo Alto
2) fear of flying
3) lack of experience w polygraph
1
Let's be honest. We all know the main ingredient that allows this republican party to exist, is religious fanaticism about abortion, and fear of gay equality and dark skinned people. This judge has indicated he would destroy Roe and also protect the crimes of the president. That's what really matters.
And never forget the stolen seat of Merrick Garlin.
3
Three question for NYT readers:
1. Are women inherently more believable than men when the testimony of one is weighed against the testimony of another, or is it time to retire the #believewomen hashtag?
2. Absent actual rape, child abuse, or murder, should the criminal actions of a youth bar that youth from high public service if the person's adult life for 35 years has been exemplary?
3. Who are we to judge the demeanor of a judge who feels false accused of a crime that could shatter his life, his family, and his relationship with his children, if his entire record on the bench in terms of demeanor is exemplary?
7
The lying and temperament make him unsuited to the SCOTUS. He should be impeached as soon as possible.
2
Kristof misleadingly smears Kavanaugh as a "liar" based on his own interpretation of several high school year book references which have unclear meanings to almost all Americans.
When Kristof is purposely misleading in one instance, he loses his credibility.
If Kristof , Barrack Obama, or Martin Luther King was accused by U.S. Senators during a Congressional hearing of being a ring leader of serial gang rapists in high school, their understandable reaction would be rage and furious denial.
To claim that the "rage" is a character flaw is the utmost in hypocrisy.
6
More questions.
Before Kavanaugh prepared his speech, did he discuss with a senior Republican whether he should be combative?
Did Dr. Ford attend a party of older boys, alcohol and parents absent before this one? If so, did some have sex there?
1
Some years ago many were hoodwinked regarding another inappropriate choice for the Supreme Court who used wild talk of "High tech lynching" "uppity Black man" and "Circus" to mask his deep belief in his entitlement and his anger about having his pornography fetish left out to dry for the whole country to witness. We have now a very different but in many ways a very similar Supreme Court justice candidate who feels so entitled that he acted out at a congressional hearing in ways that were totally shameful for any officer of the court let alone a person who aspires to the nation's highest court. As W once said Fool me once shame on you - fool me twice , we won't get fooled again!
4
We have been told many times that Judge Kavanaugh is a "bad" drunk. Nasty, belligerent and mean, or at least he was in high school and college. In his most recent hearing in the Senate Judge Kavanaugh was nasty, belligerent , mean, partisan and threatening. Has Judge Kavanaugh grown into a high level functioning alcoholic? Perhaps three additional questions that might be asked of Judge Kavanaugh are:
Are you an alcoholic?
Did you consume alcohol on the morning of your recent Senate hearing.
Were you drunk at that hearing?
3
@TJG - Agree absolutely with your questions. But I have serious doubts that we would get a straight answer. Kavanaugh seems incapable of those.
Remember the old question Kristoff do you still beat your wife??? Do you still use prostitutes like at that bachelor party in the 80s?
I heard you do and remember seeing you but can’t give you a place a date a witness or any corroborating evidence. But I feel like I know you did it so that’s enough to keep you from doing your investigative journalism no matter how long ago and accomplished you have become.
Would that upset you if those charges were made about you? Would it upset you if the NYT made you spend time money and reputation to publicly defend and disprove those charges? ( and how do you disprove a bachelor party you don’t remember and can’t get any specifics from your accuser?) Then if you got upset about it would it be even more maddening that your ire at the whole process based on unfounded accusations was used as evidence that your demeanor may not let you conduct safe interviews etc.
The whole charade here is Kavanaugh guilty until to proven innocent ... and even then not one Democrat will vote for him and not one leftie will consider him a legit justice.
1
@P L - Can you not grasp that there is a difference between being upset and angry and lying when asked reasonable questions, treating sitting Senators (the representatives of we, the people) with contempt and snark, and asserting with no evidence claims of revenge plots, dark money and other partisan accusations?
2
No black robe for you Bart.
2
I read this again because I was impressed by the courteous way in which Nicholas Kristof stated what most of us have condensed to one sentence:
Throw the bum out.
2
Three questions for Ford: How many beer parties did you attend in high school? How many "one beer"-assaults do you remember ascending a narrow(?) staircase? And how many guys did you sleep with before your senior year?
Hey, if she can remember only "one beer" at a unknow party, on an unknown day, in an unknown year, right?
1
Two films should be mandatory watching for every
United States Senator before the final vote:
" Witness for the Prosecution " - 1957
[ Marlene Dietrich, Tyrone Power and Charles Laughton ! ]
Just who is telling the truth - the most convincing witness ?
and
"Advice and Consent" - 1962
[ Charles Laughton, Gene Tierney and Henry Fonda ! ! ]
Confirmation Hearings,
Possible Perjury,
A possible Tie Vote in the Senate,
and a Sex Scandal to Boot !!!
Can it be that not even the
most convincing witness tells the
"Whole Truth and Nothing but the Truth"
and a Nominee before the Senate
might commit perjury ?
While the Media stirs itself up into a Frenzy
in order to make More Money.
While the voices of Moderate Americans
are ignored...
1
@John Brown
I know I make too many comments
but come on now, the above should have
been a NYT Pick.
Who else wrote anything as apt ?
1
Kavanaugh is twice disqualified. He's disqualified once in the past if even a whisper of the allegations are true. He's disqualified again in the present for his performance before Congress. I only hope the FBI takes the time to demonstrate his falsehood irrefutably. The question of course is whether any of it will matter in the Senate.
Republicans have painted themselves into a pretty tight corner with Kavanaugh. When sexual misconduct came up, the GOP should have punted. However, Republicans have the problem of Trump. In Trump's mind, the fight over Kavanaugh is another variation on Hitler and Stalingrad. He'll doom an entire army over a matter of personal image.
Now McConnell is boxed-in by time. He either needs to confirm Kavanaugh, win the mid-terms, or advance a lame-duck nominee. All of those choices sound like really bad options in my opinion. The fact of the matter: McConnell should have stood up to Trump earlier. Republicans would have their judicial victory by now. Cowards that they are though, the GOP are still cowed by the Trumpian base. I hope they suffer a defeat worse than the 6th Wehrmacht as a result.
1
Thank you for putting in calm, rational language that which is making mine unfit to print.
1
Well said. Thank you.
2
And the question is WHY all of the lies?
Since they all are about his drinking and his attitudes to females and sex, there only a few possible answers:
1 - He knows he's guilty of attacking Dr. Ford as described.
2 - He's afraid that he might have attacked her, but is was too drunk to remember.
3 - He himself believes that the truth would paint a portrait of exactly the kind of drunken jerk that would indeed attack a girl with his bro and laugh about it.
His lies show that he KNOWS he's culpable and that any of three possibilities are disqualifying.
3
All very reasonable, intelligent, empathetic and truthful, Mr Kristoff. Which is precisely while the Republicans and their partisan hack, Kavanaugh the Kompromised, will have none of it. The GOP not only lacks those four qualities, they reject them and revel in their rejection. Mitch McConnell, the racist traitor who epitomises the shameless GOP, has almost single-handedly destroyed our democracy.
4
To the Congressional republicans:
"A lie ain't a side of the story. It's just a lie."
---from the TV series "The Wire"
3
@J. Tamble
I may have to finally take a look at that show.
Not to mention that this lightweight frat boy NEVER argued a case as an attorney before the Repubs spent three years trying to cram him on to the federal court in the early 2000s. What is his secret. A legacy admission to Yale, finishing in the top half of his class and getting admitted through cronies to Yale Law, then lying and cheating his way through Repub political hack ranks. This lightweight faux jurist isn't qualified to be dog catcher in cat town much less where he's at today. He must bring a heckuva lot of beer and baseball tickets to the party.
2
Oh stop. You don't like the decisions you think he will make. As a result, you'll hold him to standards you would not hold a Democrat. Who is this passage from your paper about? "Mr. ...., who died on Tuesday at 77, was remembered as a public servant, a sailor, a statesman, a raconteur and a generous friend and family man. " That would be Teddy "I think I left a girl in my car" Kennedy. Maybe Judge Kavenaugh, even if he drank a beer in college, can aspire to an obit like that?
4
Question 4. Why are you coming undone from questions 1-3?
108
@NM
:-)
1
Trump publicly exhorted Kavanaugh to yell and cry and disrespect his questioners - but apparently neither of them understood that Kavanaugh's lying does not make him look innocent. His lying - about facts clearly in evidence - is when many of us decided he was guilty.
4
The Georgetown Prep yearbook entry of Brett Kavanaugh’s friend and classmate Donald Urgo, documented "Killer Qs and 151”.
https://twitter.com/riotwomennn/status/1046746437818740741/photo/1
The Q’s may mean quaaludes and the 151 a reference to Bacardi 151, which is 75% alcohol.
This may be how the Kavanaugh and accomplices took advantage of girls at their parties.
Too bad that the FBI seems to just be an appendage of Trump and is not doing a real investigation. If they were this is one more thing they should look into.
1
one question for Democrat leaders: if this wasnt a calculated political hit, why did you wait to reveal these allegations for six weeks if not to exploit the perfect timing of the news for political gains?
4
@Todd - There were some valid reasons for this coming when it did. But even if it were true that the timing was based on political calculation, the question still remains: is the original allegation valid or not? Do the subsequent allegations have any validity? Was the FBI background check reopened and carried out appropriately and adequately upon emergence of the accusations? Did the party controlling the hearing make an effort to question witnesses, such as Mark Judge, who might have been able to clarify whether Dr. Ford's allegation was valid or could conceivably been correct? Why was a prosecutor called in to question both key figures? Why was that prosecutor ignored once she asked a question that was relevant to our understanding of what could have happened? And, finally, did Kavanaugh lie, snark, bluster, and otherwise behave in a manner unbefitting a Supreme Court justice during his hearing?
3
I so totally agree that Kavenaugh should not be confirmed to the Supreme Court. Please please please
3
Republicans are pushing so hard for Judge Kavanaugh to be seated on the SC because they need him for Gamble V United States, No. 17-646. This is the Separate Sovereigns exception to double jeopardy.
4
I have a 4th & 5th question: Who bankrolled your debt payoffs so soon after your nomination and what are they expecting from it?
3
Right on all counts. Good article.
6
I've raised four children. My second born went through a not atypical period of lying. One memorable episode involved him lying on the floor when he was about 3 years of age and refusing to get up because his legs wouldn't work. Kavanaugh's indignation was almost identical to my son's when my wife and I didn't believe him. Dr. Ford, by comparison, was courteous and forthright throughout.
I believe Dr. Ford's testimony.
6
These are important comments , but on a minor note I would like to comment on why Brian Merrit made his hostile comments on Christine Blassey Ford.
Brian Merrit sells multi million dollar houses in Hawaii. His current average listing is about $2,200,000. No doubt his comments increases his traffic and hence house sales. I assume he had a lawyer review if his exaggerations and misstatements.
2
So simple, so true, and such a disgrace for the GOP. Come on, America -- three strikes and you're out. And there was no need to get to the ultimate truth of the allegations of sexual misconduct to make the case.
4
He sounded like the ranting, raving, unhinged, lying lunatic we already have in our WH when he started talking about a Clinton conspiracy. The deep state must be a shared mental health issue as in 'aberration from the norm'.
One unhinged, ranting, raving, lying lunatic in power is more than enough, and we are working him out the door and possibly into prison, we don't need another one on our Supreme Court no less!
6
Amen Nicholas Kristof, and then some.
4
This is absolutely brilliant. It simply states the problem with what we DO know, instead of falsely framing the issue as about "credibility" and "who to believe?!?" about what we can't possible know.
We do not need to believe Dr. Ford's testimony, albeit one of the most bone-chillingly truth ringing attestations I've seen in a government/political setting (I feel the same way about Anita Hill).
WE just need to look at Kavanaugh himself; his writings and statements under oath have been wildly inappropriate (see ABA re. judicial temperament), inconsistent and obviously false. Forget his accusers! Focus on what he has shown us in his brief time as a appointee- and please do not subject us to more of his surprisingly partisan and inconsistent approach/judgment.
5
@Maria - Yes. What I find frightening is all the people, including another NYT columnist, Bret Stephens, who deny that Kavanaugh told blatant lies during his hearing and who excuse his truly disgusting behavior during the hearing on the basis of his "justifiable" and "natural" anger.
Shouldn't we be able expect that someone appointed to one of the highest, most important, and most prestigious positions in this country would be sufficiently in command of himself, no matter the circumstances, that he would not behave with contempt for sitting senators, not tell obvious lies in giving testimony, not make accusations of well-fund revenge plots, not make wild claims of how his suffering?
2
There has not been one famous male vindicated of charges of a sexual nature from multiple sources. Clinton. Ailes. Cosby. Weinstein. Not one.
Kavanaugh: how can a guy who obviously drank so much refuse to acknowledge he may not remember some actions? How can he pretend not to know what those obvious salacious yearbook references meant? How can he have joined a fraternity at Yale that was so infamous for just such things that it was thrown off the campus for 5 years?
The answers are simple.
He is a pathological liar, at the very least. A drunk, probably. And, more likely than not, a sexual predator.
Clarence Thomas. Donald Trump. Brett Kavanaugh--- and the actions of Republican Senators during this hearing. How ANY woman even could consider voting for the Republican Party is a great mystery.
6
While I believe the NYT is more factual than, say, Fox News, it is no less partisan. It's readers are the mirror image of Fox's viewers, and there is not a thing Trump could do that they would agree with. It's like listening to an endlessly arguing couple. America is exhausting.
4
@AG - So being "more factual" is irrelevant, is that it?
1
The reason Kavanaugh had to tell “small lies” about his binge drinking is that it relates directly to the central complaints.
If he became aggressive and belligerent when drunk and had blackouts, he may have assaulted women and not have a clear memory of what transpired.
The encounter Christine Blasey Ford describes is a Devil’s Triangle (threesome). She recalls that Brett Kavanaugh and Mark Judge were staggering drunk. Judge claims he cannot recall the incident but freely describes his blackout drinking and memory loss in “Wasted.”
Thrusting his genitals into Debra Ramirez’ face during a drinking game at Yale may be another incident that is foggy for Kavanaugh due to his excessive drinking.
Yale psychiatrists say there is evidence that Kavanaugh may suffer from an alcohol disorder. Like Mark Judge, he should own up to it and get help.
His lies, intemperate behavior, paranoia, partisanship, and out of control performance at the last hearing disqualify him for further consideration as a justice on the US Supreme Court.
I am still waiting for his apology to Amy Klobuchar, the Democratic Senators and the American public.
4
@Alice In Wonderland - I believe he did apologize to Senator Klobuchar. I'm not sure that the apology was either sincere or sufficient.
1
BK is simply not in the same league as RBG.
3
As the efforts to corroborate the serious accusations of sexual assault against Judge Kavanaugh have collapsed, the partisan/ideological opposition to his confirmation have focused on male teenage inanities that are not relevant to--much less dispositive of--the original accusations. The web offers other meanings, but none prove that Judge Kavanaugh lied, even "teensy-weensily." Neither do the earlier tortured efforts to argue he lied about his knowledge of "enhanced interrogation."
The call for empathy is in fact usually a call for judicial policy-making, which as Roe has shown, cuts off all reasoned debate and majority-based consensus on controversial policies. Constitutionalists like Kavanaugh (or Gorsuch, who got by as #4) have not given evidence of lack of empathy or understanding to harm and injustice, just to making rather than interpreting law that should come from the people's elected legislators and executive.
As to temperament, the pervasive evidence and testimony of colleagues of varied political stripes--on the bench, who have argued before him, who have clerked for him--and even from the left-leaning ABA, have judged Kavanaugh well-qualified and not criticized his judicial temperament. While Justice Thomas' condemnation of unquestionably partisan efforts by Judiciary Committee Democrat members and staff to smear him was more contained and, yes, dignified, Kavanaugh's response was to tell the truth, a truth that would understandably make anyone angry.
2
@Scott Michael
You are quite correct sir, the call for empathy is aboslutely about judicial policy making. It had been clear for quite some time that since "progressives" cannot get their ideas validated and implemented through the democratic process of lawmaking, they have depended on "empathetic" judges to achieve their desired outcomes. That's why this confirmation process is so nasty. The progs know that without fuzzy headed reasoning from activist judges their preferred policies are doomed; hence the all out assault on Judge Kavanaugh.
Why hasn’t the NY Times done more investigation into the details of Christine Blasey-Ford’s testimony? At this point, I have only seen second rate media organizations look into this, but even they seem to be able to corroborate details in her story. We know that the FBI, under Trump’s direction, will not dig deep enough. I have to believe the the NY Times could help sort this out. (Even Inside Edition seemed to be able to find Timmy’s house and match the layout to Dr. Ford’s testimony: https://www.google.com/amp/s/www.insideedition.com/maryland-house-where-... )
2
Let's put Christine Blasey through law school. She has infinitely more of a judicial temperament and a fairness streak than this loudmouth lout of a "judge," because he has none. She would make a fine Supreme Court Justice.
3
My question is this: Where were his parents? Where were the parents of all of these guys? I too was educated in the prep school setting. We had three boys' schools and one girls' school. 1964/1968. I dated boys from all of the schools. Four were the best guys ever. I married one, and spoke to another yesterday. Only one was a jerk. I got away from him. There were were many wealthy families, lots of drinking and pot in some groups, but gang rape was not on our weekend of things to do! IRONY. THE BRIGHTEST GIRL IN OUR CLASS OF 68 WOMEN WENT ON TO YALE LAW AND SPENT 15 yrs as a professor there.
3
@Mary Where were her parents?
Unfit. These three questions paint why, even if they are but a scratch of the surface of this damaged man.
3
Judge Kavanaugh took a page out of Clarence Thomas’ 1991 playbook to use during his testimony. He couldn’t use the “high-tech lynching” attack but he was overflowing with righteous indignation. He was a victim of a left wing conspiracy and he was calling in all his right wing political markers in an effort to get confirmed. Kavanaugh seems not to understand that little white lies under oath are disqualifying. The president lies every day and gets away with it so why can’t he?
Kavanaugh cannot have any empathy for women if he’s opposed to Roe vs. Wade. Would he object to a woman who wanted to end a pregnancy caused by a rapist or by a close family member? Would he deny a woman that basic and very personal right and decision to decide what to do after a traumatic and unwanted sexual encounter?
Kavanaugh was over the top in his mockery of Democratic Senators whose duty it was to question him, just as it would be his duty to weigh both sides of a case in his own courtroom. He was dismissive, combative and disrespectful to his questioners who only wanted to get to the truth of his own previous statements.
Proverbs 29:11 says, “a fool gives full vent to his anger, but a wise man keeps himself under control.” Kavanaugh’s behavior at his testimony shows that out of his own mouth came his judgment.
2
The die has been cast. The Rubicon has been crossed. It's a done deal. Now there's nothing but sound and fury signifying nothing. With Kavanaugh's appointment, we're in for thirty years of backward evolution toward a second Dark Ages. However, in the near future, they will program the human mind in a computer using a "survival" algorithm as a base, which will provide irrefutable proof as to how we have tricked this survival program with our ridiculous beliefs about what is supposed to survive - creating minds programmed de facto for destruction. When this is learned, we will begin the long trek back to reason and sanity.
See RevolutionOfReason.com
1
Much too late for your 3 questions to Judge Brett Kavanaugh, Nick Kristof! If by some unforeseen chance Kavanaugh, totally unfit to be a judge much less a Supreme Court Justice -- is not confirmed in the coming days, it will be a miracle like Democracy casting bread on waters.
3
Sorry, success is too close for failure to be an option. The qickie investigation will give any fence-sitting Senator the cover to approve Kavanaugh for the Supreme Court. At that point the fragile legitimacy of the court breaks and the SCOTUS becomes just an extension of the GOP. For Republicans, it is worth any price. They may take a hit in the short term, but with cover from the SCOTUS, they will be able to rebuild stronger than ever. Get ready for minority rule for years, decades, to come.
1
For the Senators who say they want to concentrate on Kavanaugh, the man, not the high school boy, they have to include the lying and partisan vitriol as part of evaluating Kavanaugh, the man. If those same Senators turn around and vote for his confirmation, and he become a SC Justice—it will be one more victory for Trump to turn the US into a tinpot country.
4
Kavanaugh didn't watch Dr. Ford's testimony, not because he couldn't be bothered but because he knows she's telling the truth and he couldn't risk anything throwing off his well-rehearsed performance. Luckily for us he cannot disguise who he really is. Millions of us know his type and hope that he gets help and that his wife and daughters are safe.
4
I am sick and tired of the “elections have consequences “ argument with regard to Supreme Court nominations. In 2015/16, McConnell and the Republicans proved that elections (i.e. the will of the millions who voted for President Obama), mean absolutely nothing...
3
Republican senators are convinced that if they vote no on Judge Kavanaugh, it will be their last term in the Senate. Conversely the same can be argued for Democrats voting yes.
If this is not the best argument for term limits along with getting rid of the dead wood in there for years, I don't know what is.
1
"But ultimately what perhaps damaged you most was not the unproven allegations of assaults decades ago, but your own lies and partisanship just last week." I decided to forgive Senator Feinstein for hiding the accuser's letter and conspiring to delay the hearings. I forgave Senators Booker and Harris for disturbing the hearings along with Mr. Soros' team of screaming demonstrators. I forgave Senator Hirono for demanding that all men shut up. I forgave Justice Kavanaugh's multiple accusers and their media enables for seeking to destroy a good man's name. I even forgave the media for taunting the Justice's wife and children with insults and slander. I wonder why you, Mr. Kristof, can't forgive the good justice for having lost his composure. Why can't you forgive him for having mistaken the meaning of adolescent slang used 40 years ago in a school year book? I don't know your feelings, sir, but I do wonder why so many Americans so gleefully await the destruction of a fellow citizen.
2
@David
Maybe it is teh distance but here we know him and see him and are not fooled by him.
You seem to have forgiven a lot of things that did not happen or did not require forgiveness. Maybe your perceptions are wrong?
4
@David: Mistaken meanings of his slang? No, that's called lying, and under oath, too. Mr. Soros' screaming demonstrators? Uh, no. He's not a good man, and he is unfit to be on any court from what I can see. I disagree with everything you present to be facts.
2
With regards to the assault, one was clearly lying, and one clearly wasn't. An innocent man does not whine, cry, scream, and yell, but a guilty child does.
He clearly has had a problem with drinking, and he clearly lied about it.
He clearly has treated women not in his "class" as objects to be used and discarded.
Take notice republican women who just can't seem to wrap your heads around just how wrong that is, it's time to think for yourselves.
If you live in a world where this is normal, it's time to get out.
If your life of trading your soul for some financial security has left you devoid of empathy and without common sense, it's time to get out.
Act now. Save yourself.
4
@Disinterested Party
If you need to unwind from the grueling work of achieving scholarly goals in prep school by becoming a self-described “loud obnoxious drunk,” then clearly you don’t belong in prep school.
3
If this liar is confirmed, as seems more likely than not with Mitch McConnell in full threatened mode and Susan Collins an easy pushover as usual (let's take a look at that in 2020, Maine), he should be investigated more thoroughly at the earliest opportunity. That might come very soon!
The Republicans force these damaged and divisive goods known at "Bart" (the "Boof") Kavanaugh upon the nation at their peril. These investigations will not end on Wednesday. They will just begin.
Vote on November 6 to keep democracy alive!
2
Dear NK,
Wow, that was well said. Thank you.
3
And possibly the worst question: Judge Kavanaugh, in the highly unlikely event that you read this piece, are you able to learn empathy, an appreciation for others’ difficulties, or how you yourself fit in with ordinary American life?
I venture to say “no”.
2
Lying about "Devils Triangle" isn't some small thing. It is directly relevant to the allegations about two boys, one girl.
6
@solon Really??? Where did you get this interpretation? Something you did?
If Judge Kavanaugh had any integrity at all he would demand a thorough FBI investigation to clear his name and would chastise Trump for his boorish bullying and his unprofessional behavior. Apparently Judge Kavanaugh does not have any integrity and rather seems to have adopted Trump’s belligerent and outrageous behavior. Brett Kavanaugh does not belong on the Supreme Court!
2
I fail to understand how Kavanaugh can be considerd a "a first-rate .... judge" when he lied under oath many times during earlier confirmation hearings. He was a liar then and is a liar now, disqualifying behavior at any time which negates any sense that he could be "first-rate".
4
@CB He's considered first-rate only by people who have low standards. For me and many millions of others, Ruth Bader Ginsburg is a true example of first-rate. Let's hold everyone to that standard - not just black men and women - and see how much our country improves.
3
There is one very big question here: Does Kavanaugh, and if not Kavanaugh, the GOP, recognize that now, no matter what happens, if Kavanaugh is confirmed he, like Thomas, will be remembered for the ugliness of his confirmation hearings? He will be remembered for his theatrics during the second part of the hearings. When a case similar to one like the accusations made about him comes before the court no one will believe he's impartial.
The question for Kavanaugh and the GOP is how much damage control/lying/self delusional behavior are they willing to indulge in to get what they want? Are they willing to put a liar on the Supreme Court? We have one: Thomas. We don't need another.
One last question: if Thomas was not a conservative would this be going on if the accusations had come up? And would the GOP confirm him. Methinks the answer is a loud no.
1
A lie is a lie is a lie.
5
How about very serious but completely unsubstantiated accusations that destroy a person’s life ? Any thoughts ? A lie is a lie ?
1
@Gimme A. Break
It is not at all unusual in cases of sexual assault for there to be a lack of corroborating evidence. Review the Larry Nasser case, where the doctor assaulted hundreds of young gymnasts, and there was no corroborating testimony, because he, like most offenders, committed those acts in private.
Any thought? Give us all a break.
I want to ask the woman in your hometown whether she feels that women who never drank, who never had premarital sex nor ever cheated on their husbands, who always lived by the high standards they set for themselves--are still the guilty ones in her eyes when they get raped or assaulted. Because I can guarantee her that living the good upright Mormon life is not a protection against the worst of men.
Like the one who grabbed me and held me underwater and tried to drown me at the pool because I wouldn't give his come-ons and then trash talking the time of day.
Sorry, but that's 100% on him.
5
Amen.
1
Amen
1
Questions for Judge Kavanaugh:
1. Do you understand attacking Democrats and claiming your are a victim of the Clintons' revenge does not reflect appropriate judicial temperament?
2. Why did you struggle to give even a single straight answer?
3. There are collaborated reports you drank heavily in high school and college. Why did you lie about it?
4. Why lie about matters easily checked--such as the sexual terms in your yearbook that you now assign different meanings?
5. If you claim to not know Dr. Ford, how is it she went out with your close friend, whose name is on your calendar 13 times?
6. Did you conspire with GOP operative Ed Whelan and staffers in the offices of Senators Grassley and Hatch to find an alternative male classmate to blame for attempted rape?
2
I appreciate that it’s embarrassing to be pressed to explain juvenile humor, but it takes only a moment online for anyone to see that “boofing” refers to anal sex or rectal infusions of alcohol or drugs, that a “devil’s triangle” is sex involving two men and a woman, that the drinking age in Maryland was raised to 21 when you were still 17. And the boast about being a “Renate alumnius”? Come on. We were all teenagers once.
——
I just wanted to see if I could get this paragraph past the NYT censors, because I am pretty sure it would have been blocked if I had even posted these words a few weeks ago. But here we are.
The real obscenity is not the words, but that Republicans want to put this lying partisan hack on the court for the express purpose of over turning Roe.
7
@AReader
You rock!
Whether Dr. Ford's accusations against Kavanaugh are proven or not , this man is utterly unqualified for a seat on the Supreme Court.He is a partisan and the embodiment of an elitist with disdain for anyone who would challenge his "entitlement" to what he deigns to be his by sheer arrogance.
Having attended a similar Jesuit prep school myself, I knew many like this man, members of exclusive cliques of the sports stars and the sons of the masters of the universe.The breaking of rules,the cars,girls and drinking was what they lived for.It was easy: someone's parents were always in Aspen or the Caribbean and there was always an available house or apartment for illicit parties. The yearbook entries were foolish to try and sanitize as they were well known euphemisms of the period.
Most damning to Kavanaugh had to be that same arrogance and disdain for his questioners which was hardly disguised. The conspiracy theories, the blaming on a "Clinton revenge" and his blatant partisanship remarks are hardly qualities of a Supreme Court justice.Mr. Kavanaugh assumed he was going to be pushed through due to his grooming by the federalist society so the sudden surprise of his past showing became inconcievable to him.
2
@Edward Calabrese
I applaud your cogent expression of common sense.
I will be happy to answer on behalf of Judge Kavanaugh:
1. No, not all "lies" are the same. Even if you believe that I lied about the interpretation of some cryptic remark from my high school yearbook, it has nothing to do with the charge against me or my fitness to be a judge. The yearbook is just a distraction to embarrass me. If I had provided false exculpatory testimony, that would have been damning. For example, if I had falsely claimed I was at a game at the time and place of the assault, that would have been evidence of guilt, but I never did so.
2. Yes, I am empathetic towards those who are less fortunate than me. My refusal to condemn a woman who has falsely accused me of attempted rape, recognizing that, though she is wrong, she has suffered at some point in her life, clearly demonstrated my empathy. Your suggestion that a sexual assault that I did not commit is evidence of a lack of empathy is just evidence of your bias.
3. If I committed attempted rape, I should not be a judge, much less a justice, and we need not discuss my temperament. If I did not commit attempted rape, but am the victim of a Democratic Party smear in front of the whole world, then my reaction is justified, even measured, and we need not discuss my temperament. I never sexually assaulted anyone at any time. You are changing the subject to temperament, because you at least suspect I am right, because Dr. Ford's story has often changed, lacks critical details, and is implausible.
4
@Charles
All deflection focused on the allegation of sex assault andnot the question asked.
BTW yes it does natter that he lied about the meanings of teh entries in his yearbook and all the rest of his lies. He is 53 if he still can't speak openly about that stuff he is unfit. On a list of possible reasons for that choice to lie about these thing every one of them disqualifies him.
1
Nicholas Kristof, you had me at “Isn’t an itsy-bitsy lie still a lie?” Thank you for your Wise Mind.
2
Rabid-dog level hatred for the Clintons, openly expressed on national television sealed the deal for Republicans. At that moment they knew they had their guy and come hell, high water, or Armageddon, they will seat him.
2
Lie detector tests are not admissible in a court of law however the FBI administers them to candidates attempting to enter its ranks and depends on them heavily. Why not have the FBI administer lie detector tests to Mrs Ford and Judge Kavanaugh and let the Senate digest those results.
2
Judge Kavanaugh snarled and gesticulated, invoked left wing conspiracies, dredged up a Clinton revenge theory and certainly displayed a temperament not befitting a Supreme Court Justice. He also demonstrated an air of entitlement. As a judge, certainly he has presided over cases in which a defendant felt anger at what may have been an unfair or fallacious charge. He should have humility to be experiencing what they must experience every day in court rooms across this country, particularly knowing that he is innocent of Dr Blasey Ford's allegations. If he had expressed that humility he would have shown himself to be a more sympathetic and perhaps worthy candidate for the job. Instead, he spewed an anger that comes from a place where people like him, privileged and entitled, cannot bear the injustice of being accused, especially if they feel wrongly accused. If he cannot feel empathy for those who appear before him, he does not belong on our Supreme Court.
5
oh, but Judge Kavanagh CAN feel empathy for at least some of those who appear before him: the weathy and well connected, Christian conservatives, the President.
clearly, he would NOT be able to dredge up much empathy for the Clintons, for Democrats at large, for minorities, for the recipients of social welfare benefits, for antheists, for women.
a person so biased in advance and so political and priveledged in outlook has no place sitting on the Supreme Court for the rest of his life, no matter what the Federalist Society says.
but, of course, his confirmation would be another festher in Mitch McConnell's conservative cap, and a possible lifeline for President Trump should one of the myriad cases pending against him come before the Court.
I wonder what odds the bookies are laying on Kavanagh this week?
1
As important as this appointment is, there is something more dangerous happening here. Just as Trump and his party are setting citizen against immigrant, conservative against liberal, and white against minority, they are also fueling a gender war. It's all division and strife, all the time. We are at each other's throats on every conceivable ethnic, economic, and geographic division. And this is exactly the way they want it. Because while we scream at one another in the streets, they're in our homes and banks and business robbing us blind -- both of our hard-earned money and our civil rights. If we don't find a way to hang together, we will, most assuredly, hang separately.
7
I want to know how many of you have husbands, fathers, brothers. or sons? If they were accused of something as heinous as this and are truly innocent, I wonder how they would react. Let's take an example from Matt Damon. Although he was happy to portray Judge Kavanaugh as a serial rapist on SNL, when asked in an interview what he would do if a woman accused him of inappropriate behavior towards a woman, he said he would go "nuclear!" As he said quite eloquently, he worked his entire career to build the reputation he has and no one is going to destroy it without a fight. Judge Kavanaugh states he is innocent. None of us were there and the people Ms. Ford claims verify her story, have done just the opposite and refuted it. Judge Kavanaugh is passionate in his defense of these accusations. If this were my spouse I would expect him to act the same.
4
You and the 10 Democrats on the senate judiciary committee failed to ask Kavanagh the most critical and, to me , most obvious question: Judge Kavanaugh, did you have a beverage containing alcohol before appearing before us today? Please answer, this is a yes or no question! If he answered no, he should have been asked to take a breathalyzer test.
As I watched the Judge's testimony I felt as if I were sitting at a bar watching someone who has had too much to drink. The swings between rage and sloppy sentimentality were what we all have seen in movies and in life as well.
6
@Michael Feldman He definitely has a drinking disorder.
Mr. Kristof you mentioned "...the unproven allegations of assaults decades ago...." While I know that issue is not the point of your piece, it's wrong to characterize Dr. Ford's testimony as unproven. A single witness' testimony, if believed, is sufficient evidence to convict a person beyond a reasonable doubt in a criminal court. It happens all the time all around the country in sexual assault cases, in robbery cases and many others. In the context of a judicial committee hearing Dr. Ford's testimony is proven by any standard. The question is did Judge Kavanaugh raise a doubt as to its veracity.
1
kavanaugh came across as a political operative because that is what he is and has been his whole career. He has never held a real job, just a hack for the right wing. He should be removed from the dc circuit, not elevated to the supreme court.
5
Answers: A LIE is a LIE, and lying to Congress is a crime. The rich, and entitled, have almost never experienced such trauma, and so if it didn't happen to them, it didn't happen, or it's not important. We are supposed to have co-equal branches of government, with total absence of personal bias. This is no longer the case with our mostly untrustworthy Supreme Court, which will no longer have any concern for the citizens of this country. All the extremists have been bought.
7
Much too late for your three questions to Judge Brett Kavanaugh, Nick Kristof! If by some unforeseen chance Kavanaugh -- totally unfit to be a judge much less a Supreme Court Justice -- is not confirmed in the coming days, it will be a miracle like Democracy casting bread on waters.
2
This is all that matters. Kavanaugh has disqualified himself with his testimony.
3
The temperment issue is another "pants on fire" lie. They would never have stood for such a partisan display from a more liberal" candidate for any reason. This highlights their complete lack of integrity.
2
While the allegations of sexual misconduct and excessive drinking have attracted the most attention--they are literally "sexy" and easy for anyone, pro or con, to understand--I am far more concerned about Judge Kavanagh's ideology and would like to see more coverage of that.
Here are my questions for the White House team (whoever is actually in charge, since it's clearly not the muddleheaded, disengaged president):
1. There are literally hundreds of experienced conservative judges out there. Why Kavanagh and all his behavioral baggage?
2. What is the rush to get him confirmed NOW, with midterm elections only a few weeks away?
3. What ideological positions does Kavanagh hold that would be convenient for your administration?
4. Can a man who has been a protegé of the Federalist Society and a Republican legal strategist for his whole career be unbiased?
5
During Kavanaugh’s appearance last week he managed to insult women, Democrats ,the Senate and all the rest of us whom he presumed were too stupid to understand his juvenile yearbook entries.He was particularly disdainful of Democratic members of the Senate.The Judicial, Legislative and Executive branches are all supposed to be co-equal and If decorum is maintained do not disdain or disrespect each other.Strict order is mandated in a courtroom- the Judge threw order to the wind and came to berate and blast.His anger and sadness could have been expressed in a firmer and more dignified manner.
177
@Janet Michael
His anger is one of the main things that disqualifies him. No innocent person could be angry at all about Dr Ford's allegations. Since that anger was very real we have to ask what exactly is it about? None of the answers to that question will remove the disqualifying fact of the anger itself and how he expressed it.
2
Ever notice that the measured Kavanaugh hone in on the remarks of Booker? It's never Durbin or Whitehouse or Leahy. It's always Booker. I wonder why....
1
they're not aways as dumb as they make themselves out to be: most of the members of the Committee are of the past, on the way out. Kavanagh and Booker, decades younger, are of the present and, at least potentially, of the future.
and, of course, to a person of Judge Kavanagh's distinguished background, Booker presents the unforgivable faux pas of being uppity.
It is time to acknowledge the possibility that Trump and Kavanaugh are where they are because the GOP doesn't believe in equality of justice, opportunity or security.
The wink wink nudge nudge know what I mean is way over the top to this Canadian.
Trump and Kavanaugh are known to be professional liars. I believe the vast majority of Republicans know that if they answered honestly blue America would understand that their America is not Republican America.
For Republican America lying is never disqualifying and for most of Republican Americans rape is not disqualifying either, it is simply the conservative belief that the weak serve at the pleasure of the strong. What is so frightening to Americans of the simple truth? What is it about the presence of Trump in the Oval Office that you don't understand? Trump is present in the Oval Office because he is entitled to be in the Oval Office. He has none of the virtues of empathy and compassion that most might think are vital for a President. He is a tyrant with no thought to anyone. Everyone knows who he is and everyone knows Kavanaugh will divide what is left of the USA and everyone knows Kavanaugh will be confirmed because there is no question that Kavanaugh isn't the perfect judge to be put on the court and his guilt or innocence doesn't change anything.
1
@Memphrie et Moi
I will console my wife, I will give thanks for being in Canada. I will say the prayer for the dead for a country I once loved.
I will take no pleasure in having been correct about there is no more United States of America. My father told me when Reagan was elected that there was no way forward into the future for your country.
There has been a clear shift in the narrative regarding Judge Kavanaugh since the Senate hearing with Dr. Ford. The media (specifically the NYT) has shifted far away from sexual assault allegations, which have been shown to thoroughly lack corroboration, and towards the buzzwords of the week - "partisanship" and "temperament".
With this shift it's clear that the sexual assault allegations and investigation were never about truth or about sexual assault in general. They were about preventing Judge Kavanaugh's nomination in any way possible. Since uncorroborated allegations have proven to be unsuccessful, we've shifted to "temperament".
Nevermind the fact that Judge Kavanaugh has been in the majority of 98% of cases he has decided (a real, actual fact) or the fact that the ABA overwhelmingly found him to have neutral judicial temperament, the fact that he passionately defended his name and reputation against what appears more and more each day to be baseless accusations is now "disqualifying" .
The left, facing the reality that they can no longer use SCOTUS to push their agenda, now face the difficult task of convincing the American people that their ideas are good through the means of passing laws and amending the Constitution.
Shame on the Democrats and shame on Dianne Feinstein.
3
Right on, Nicholas Kristof, in your questions, but, as we have already witnessed, if you were a Democratic senator on the judiciary committee and had asked him to answer your queries, he would have sneered, asked you if you had ever blacked out, asked you what you like to drink, and otherwise acted belligerently.
In a court of law, Kavanaugh would not be allowed to talk over the judge, interrupt the judge, act arrogantly toward the judge, smirk or laugh out loud at the judge, yet Kavanaugh displayed all of these disrespectful behaviors towards our elected senators.
Kavanaugh is guilty of contempt of court. He cannot be a justice if he cannot show judicial behavior.
5
In the end, it doesn't matter to the nomination process if Brett Kavanaugh actually did sexually assault Dr. Basley Ford 36 years ago--though, of course, for other reasons it matters very much.
Dr. Kavanaugh's presentation and demeanor during his testimony should be disqualifying. And it would be disqualifying even if the subject was not sexual assault, because Kavanaugh revealed a lack of empathy, a tendency towards paranoia and tin-hat conspiracy belief, and an anger management problem that was not countered by anything that could be construed as a proper judicial temperament or balance.
After all, he is being considered for a position of great power and influence, for which the overwhelming job requirement is a fair and impartial ability to evaluate legal arguments and distinguish fact from opinion and hearsay. His testimony did not show he possesses this currently, if he ever did (I don't know the extent of the records for the confirmation hearings for the position he currently holds). And he has shown evidence that he may have a number of preconceived biases that would preclude exercising the function of the job he interviews for.
(I am alive to the argument that he may have been encouraged by Trump or other supporters to put this face forward recently after his previous appearances at hearings had been pretty milquetoast. But thinking that this approach last week was a good idea is just another strike against him.)
11
Mr. Kristoff, I had to look up a few of the cases you referenced and Buck v Bell made me shudder. The point of the law should be to protect the rights of people from harm. Judge Kavanaugh may not have sided with Holmes and that court in Buck v Bell, but I do fear that Kavanaugh does not see the law as tool to protect people.
9
Somebody needs to make sure Bret Stephens reads this column.
Nice work, Nicholas.
12
Well said and convincing. Unfortunately I am not Brett Kavanaugh.
1
A powerful and perceptive column that summarizes the inchoate unease about Judge Kavanaugh well. It also suggests a more troubling portrait. I once heard a definition of a psychopath as someone who when you peel off all the layers like an onion has nothing there.
The easy lies were blatant and arrogant ones. The questioning of the Democratic senators was obvious deflection. The self-righteous outrage was all me, me, me, as though no one else--certainly no victim -- existed. He cited witness statements from articles as though he was scoring debate points. How dare anyone question or critique my perfect Yale self!!! The paranoia, rage and partisanship was again poor rich little me.
Sadly these are also Trump personality traits as are all the little lies wrapped around the big lies and ambitions.
The only silver lining is that we witnessed true courage in Dr. Blasey's account. She reached deep into America's soul and found and freed the long buried pain of thousands of victims. She validated their suffering and trauma, and they shared with others or reached out for help. This was a cauldron, an ordeal, but perhaps also a cleansing.
Republicans failed their trial, showed their pettiness and cruelty and disregard for anything but raw partisan male power, with a lack of empathy or humanity. Kavanaugh is theirs, warts and all. He will never be trusted, never respected. Their legacy is a tainted Supreme Court and Senate.
14
While Kavanaugh may well be guilty of sexual assault, perjury, hypocrisy, disgraceful disrespect for members of the legislative branch and engaging in partisan politics (to name just a few), perhaps his greatest offense lies in believing that he is above the law that he is bound by oath, honor and integrity to uphold.
How funny that he disingenuously blamed everyone but himself for the predicament he found himself in since he feels himself entitled to sit on the bench of the highest court in the land simply because of where he went to school and where he stood in his class.
How ironic that he used Hillary Clinton as an example of the very same
entitlement that he has practiced during his entire personal and professional life.
How sad that he will become a Justice of the court due to the shenanigans committed by a farcical kangaroo court holding a sham investigation worthy of a banana republic and led by a totally amoral president whose guilt on a variety of deeply serious crimes affecting the future of this country will all soon come to light.
Vote.
Sad
9
Unfortunately, despite these truths the GOP will still vote for him
4
If Republican senators seat Kavanaugh it will be the second time they have made a mockery of advise and consent. Kavanaugh disqualified himself last week with his testimony, and the Republicans should send him packing and move on to someone who can serve without the taint of injudiciousness and self-righteous entitlement that he has exhibited.
11
@Citizen-of-the-World He should fit right in with Justice Ginsburg then.
An interview that never happened .... "Judge Kavanaugh, have you ever had blackouts after drinking?" "Senator, what is a blackout? "Judge I'm not sure I can define that but let's say a loss of memory." "Senator If I did how would I know? I guess I'd just get up and shower go to work and never know it had happened." "Well Judge, has anyone ever remarked on you not recalling things?" "Senator, not that I remember," (Laughter).
2
Republican Strategist Rick Wilson said it best:
"Everything Trump Touches Dies"
Kavanaugh should have known better than to accept this nomination. It has killed his reputation. It will likely kill his marriage. And it will kill whatever legacy he might have hoped to pass down.
Tragic.
3
Trump is destroying us.
Why are we letting him do it?
7
I really appreciate this Opinion piece! Thanks much! It is so
heartening to read the truth amidst all the corrupt and
diabolical rhetoric being smashed in our faces.
5
The attempts to sugar coat his adolescent behavior and the facts of what transpired at that party are concerning enough as the years don't erase the type of horror, shame and humiliation vividly recalled by Dr. Ford making her credibility much more likely than that of Judge Kavanaugh. In addition, and of great concern, was his performance before the Senate committee - the Trump modus operandi - attacking, sniveling, lying and raging. An arrogant, entitled and partisan rant, one that in and of itself should raise clear doubt of his character and fitness to sit in a position where he would have the responsibility and ability to alter the face of history and adversely impact the lives of decades of Americans.
2
Great piece- now we all need to forward it to Senators Collins, Corker, Flake, Manchin & Murkowski.
4
If all eligible poor people of all colors do not show up at the polls in November, including in the midwest and south, regardless of the inconvenience and rudeness and difficulty thrust upon them, then they will be sealing their fate, because cutting taxes to rich people and rich corporations will leave no money to help the needy, even to help them stay healthy so they can work their way up the ladder of opportunity. Wise up, you minimum wage workers!!! Your future is in your hands.
4
As always, another wonderful, common sense piece from Nicholas Kristof! Although I do believe her, and am embarrassed for Karma-naugh for his behavior in front of the judiciary committee, (what a spoiled man!) I'd have an itsy-bitsy quantity of respect if he would just quietly and respectfully step aside and remove himself completely. It's time to man up, Brett!
4
We're going to stop this confirmation! It is a promise!
One question for doctor of psychology Ford: If you are 100%+ sure Brett Kavanaugh is the youth who Assaulted you 36 years ago, then “why do you not file a criminal complaint against him in the county D.A.’s office? “
You have a stable of lawyers and you , or someone, spent a lot of time, money and effort on this allegation to include testifying within miles of the alleged incident recently. Why have you avoided prosecuting Brett if this incident has caused you so much grief and fear of flying, double doors, claustrophobic anxiety, marriage problems, and so on. Very odd that, very odd!
3
@Moe Def There will be no answers forthcoming to this question. I have been asking it for days now.
@Moe Def
Millions upon millions of women, all over the world, know why we don't -- and can't -- file criminal complaints against our attackers. If you men don't know, it's no surprise to us.
1
I am sorry that Judge Kavanaugh's life is being held up to scrutiny in a way that would make many of us angry and defensive. But he accepted the nomination to the Supreme Court and - presumably - all that that entails.
He chose to put himself in the spotlight. He cannot shift blame on to others that the spotlight revealed some major character flaws hitherto concealed - his lamentable lack of judgement, his tendency to lie, his temper and his tendency to paranoid outbursts under pressure.
If he had conducted himself with the maturity, gravity and dignity commensurate with the office he seeks, he would not be in the situation in which he now finds himself.
He needs to take responsibility for his own conduct during the hearing as the major contributor to the worsening situation.
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I largely agree, but we also must examine the nature of this thing. It’s really much larger than his performance. It’s about how we treat people, and In that sense I think there are some (democratic) senators that have a lot to answer for.
5
@Penn wish you would be more specific here as to what the Democratic Senators have to answer for. I really only know that Ford requested her name be kept confidential and I believe that until she was willing/forced ( not by Feinstein but probably by one of her friends leaking her info to the press) I don’t believe Feinstein could have shared this. It was and is obvious that Grassley and the GOP wanted to rush this through. They didn’t have to. They held another seat open for a year. They made a point of withholding 90% of Ks documents, ignored the lies he told about getting stolen emails, and tried to keep non-confidential material confidential.
1
Well said, responsibility that the Commander in Chief also never assumes. This man, K., has shown to be unfit not only because of past behaviors that might say something about his character, but because he chose to lie, attack, loose his impartiality, etc. He showed no respect for the office he has been nominated to occupy, but also to the process of confirmation or to a peer institution like the Senate, not to mention women! He should have packed his bags when this issue arose, however like the man in the White House chose to fight instead, but also chose not to assume the consequences of that confrontation. He is a disgrace to the office he will most probably occupy, and frankly has also shown to be a little man like the one who nominated him. This is how faith in institutions, and respect for them is eroded.
1
One of the first articles that hints at what Kavanaugh is doing throughout his testimony, committing perjury. However, one of the strongest indicators of this was missed; the fact that he "worked his tail off" to get into Yale and had "no connections" to the prestigious Law School. It would have been an interesting response if one of the senators on the committee asked Kavanaugh if he knew who his grandfather was, or how he was able to achieve legacy status.
Additionally, the second question to Kavanaugh seems a bit off. While I agree that lack of empathy should not be reason for disqualification, it certainly should not be in question whether or not he has "empathy for those who aren't as blessed as [himself]." He is incapable of feeling empathy towards those less privileged, which was evident during his testimony where he was treated, at least by Democrats, as a normal citizen subject to the consequences of the law, which was clearly an unfamiliar, uncomfortable and rage evoking feeling for Kavanaugh.
4
Mr. Kristoff, you nailed it. Thank you.
4
I have no idea what happened back in the eighties but Kavanaugh's temperament and behavior at the hearing was simply not befitting of any judge.... let alone one for the United States Supreme Court.
It's as simple as that.
6
here, here. the most obvious points are that first, it is republicans that have delayed this nomination. and second that should this confirmation fail, that it will fail at the hands of republicans and will lead to a likely more conservative yet hopefully more judicial nominee. why would any partisan aspire to accomplish that? I would add that claims that your family has been "destroyed"by this process, shows a near myopic point of view to what destruction of a family really looks like. there is still time to grow up bart, and it starts with looking at why so many people who have known you are willing to trash you in the media.
3
Having been groomed into being the entitled one who is asking questions, not having to answer them, his squirming and anger at the situation he is put in betrayed his disdain for those in front of him in his own court.
1
I think Trump ordering the FBI to investigate the Kavanaugh issues is ridiculous. Even though Comey says it can be done, can it be done well..?? It appears to be a weak move by Trump to support his nominee so that he can claim that the FBI looked into the case. Nothing will come of it but a poor show by Trump like his regaling of the accuser to his brainwashed masses.
This issue is only going to put women off who have been raped or abused when they come up against the most powerful politicians in the land of Freedom..America.
What a joke..!!
The tragedy of it all is that a woman to whom the rape issue relates happened over 30 years ago would be subject to memory problems especially under duress of the assembled and the eyes of the world.
I can't remember if I bought rump or sirloin at the supermarket yesterday, or was it the day before..!!
I have nothing but pity for the accuser, and the track record of the President of the United States of America when it comes to women, taxes, lies and just plain lack of dignity speaks for itself.
Democracy has slipped up and has to be cleaned up before it becomes the joke of the East.
Stan Chun
Wellington. NZ
4 Oct. 2018.
3
Great questions! I have one more:
4. Do you regret, maybe a tiny bit, that instead of following Trump's "School of Deny, Deny, Deny" you would have gone to the Senate and say something like that in high school and college you were a heavy drinker and maybe "blacked out" sometimes?
Now it is not only about sexual assaults, it about perjury, character and, your ability (or lack of it) to be an impartial judge. Nobody did this to you. It is your own making.
3
Judge Kavanaugh should be removed from the bench he now occupies . Not for anything that happened over thirty years ago, but for his demeanor and behavior at his congressional "job interview. As Kristof argues hear, he was clearly lying...so, like our president, he is a liar and unfit for the position he now holds...never mind an appointment to the SCOTUS.
4
I’ve been a civil litigator for the last 23 years, and I can’t recall a single example of a party to a dispute offering such a torrent of absolutely transparent, feeble lies. Boofing. Devil’s triangle. Beach Week Ralph Club. Renate Alumnus. The fact that this nonsense is coming from a sitting Circuit Court judge is astonishing and terrifying.
Forget confirmation. Forget impeachment from his current position. Judge Kavanaugh should feel lucky if he avoids an indictment for perjury.
11
Judge Kavanaugh is a case study in (White) Entitlement. He is agrieved by any one questioning the self evident truths by which he has lived his life 1) Boorish behaviour is ok 2) Using other people for amusement is ok 3)Getting caught is ok - as there will be no consequences 4) Lying is ok 5)Smarts trump civility 6) Succeeding at any cost (to little people) is ok.
In all probability we will have a Justice Kavanaugh later this week who will in all probability jeopardize women's and worker's and LGBTQ rights. In his agrieved and entitled world where actions don't have consequences this will be ok.
6
A lie, rather little or big, is a lie. It is not "the truth." A lie is not an innocent mistake, as in misremembering one's brand of toothpaste.
The oath, sworn to by JUDGE Kavanaugh, requires one to tell "the truth, the whole truth and nothing but the truth." Telling a lie violates the vow to tell "nothing but the truth."
JUDGE Kavanaugh (also a law professor) knows about administering that oath in his courtroom. Which lies does he tolerate?
JUDGE Kavanaugh is accused of attempted rape (and associated kidnapping). Based on the deliberately limited F.B.I. investigation, serious professional agents should be embarrassed and willing to protest such restrictions.
It appears if JUDGE Kavanaugh were accused of rape or murder, his Senatorial advocates would give him a free pass right on up to the Supreme Court.
Only Senators Flake, Collins, Murkowski (and perhaps a few other Republicans) stand as the "beautiful wall" against end run progress of JUDGE Kavanaugh onto the Supreme Couirt of the Untied States.
We who have endured a rigged "opportunity to be heard" know how disgusting and disgraceful it can be.
Should those Senators compromise all sense of decency, ethics and fairness, voters must send a message, loud and clear supporting "the truth, the whole truth and nothing but the truth."
So help them, God. It must be so.
Doug Giebel, Big Sandy, Montana
4
Nicolas Kristof, I don't owe you answers to your questions as I have just undergone a Show Trial that would have made Beria proud, but I will humor you: 1. I admit I do not remember if I had three beers or four beers that night after the UB40 concert, or I may be mis-remembering the teenage meaning of "Boof" or "Fffff." I can tell you that I have been a judge for a dozen years on one of the most important judicial tribunals in the country, the United States Court of Appeals for the D.C. Circuit. In that office, I have issued over 300 opinions, which have been broadly admired for their craftsmanship and heavily relied on by the Supreme Court and other federal courts. 2. Yes, you can sometimes coast for years on the privileges, relationships, and opportunities you’ve gained through your connections or your education, but I have given back by supporting my church, volunteering at soup kitchens, and coaching youth basketball. Please don't persecute me because I am what you call "a privileged white male." 3. I have been accused of orchestrating GANG RAPES when a teenager and for some reason you believe my anger derives not from such accusations but from some abstract idea of white-male powerlessness? You have fallen into an argument built on a narrative of bigotry. Yes, men with my background have done bad things in the past, and since I fit the stereotype, I am a symbol of some type of national collective guilt; which is absurd.
42
@Hank Thomas Kavanaugh hardly shoulders any "national collective guilt" - he shrugs off shame, responsibility, and guilt as he might a fly.
He is not believable.
2
@Hank Thomas, You obviously did not watch the hearing. If you did and you wrote your comment anyway, you are not aware of the temperament required for judges, and especially for the temperament required for the highest judges in our land.
1
@Hank Thomas Once again, the judge doesn’t answer the questions,merely deflects to his purity and accomplishments . The questions were about honesty, empathy and temperament, all of which he appears to lack.
2
"What happened to the pledge to drain the swamp?"
"Oh, it's getting bigger every day, and is at the doorstep of the Supreme Court."
"What's to be done?"
"Still looking for Hillary's e-mails."
3
Yes. No. That's who he is.
1
A related thought. Given election have consequences, can we please amend the process so the American people elect the president, or secede from those who do not agree?
3
@Ricardo The electoral college exists for a reason. You may as well eliminate federalism, tear up the constitution, eliminate states, and install a centralized government if this were to happen.
Inside Edition went to Timmy's house. The reporter could not get in, but the neighbor's house has the same floor plan. It matched Dr. Ford's description. So, now thanks to Kavanaugh's calendar, we have the date and the place.
The man cannot be a Supreme Court justice.
Call Congress: 202-224-3121
5
Thanks you, Mr. Kristof, for writing this.
3
The funny thing is if he was a senator, he wouldn't vote for himself! His own speech on judicial temperament and non partisanship required of a judge would disqualify him!
Don't blame the Democrats for dragging his name thru mud. If they had given Garland a hearing, this would have never come to pass. And if the court could work with 8 for more than a year, why are Republicans complaining about timing? They have a whole year to fill that seat!
5
Sure, ask the questions. Say that Comey said small lies matter. Ask if he has empathy. Don't you get that these people just don't care?
Kavanaugh doesn't care - he just wants the job and hasn't had the decency to step aside after all this ugliness.
The GOP doesn't care. They'd confirm him if there were four eyewitnesses to the attempted rape.
The president's base doesn't care. They laugh as he mocks the survivor of attempted rape.
We're beyond appeals to people's decency. That makes so many op-eds difficult to read these days. You're preaching to the choir, and looking really out of touch. Nice thought, though.
6
Dear Mr. Kristof--
I always appreciate your columns, but this is one of your best. Your discussion of his rage is insightful. He does not seem like a person of character and integrity. And especially if he is telling the truth and he did not assault Dr. Ford, he sure doesn't act like a real innocent adult would. I believe most adults in the world of Federal Judges would be shamed by the garbage in his high school yearbook and the drinking and bad behavior described during his high school years. Why isn't he embarrassed by that bad behavior, those disgusting year book comments, and the idea that someone could have accused him of attempted rape? Why isn't he apologizing for the bad behavior that makes Dr. Ford's testimony seem eminently believable?
Most judges I know, and as a practicing lawyer, I know several, would have been mortified to have that kind of past and would have started out with a general apology to the president, the public and to their families for being such a jerk as a kid. But Judge Kavanaugh can only whine to us that he has been a hero to many young women and he deserves better than this. (Compensating for something?) But then the judges I know are elected to 6 year terms and if this kind of garbage came out about them, they'd be voted out. Judge Kavanaugh has gotten himself appointed to a lifetime position and wants a raise to another. Chickens coming home to roost--hard to be totally sympathetic.
5
He has in his record huge lies. Leahy sent him a letter concerning his lie at his last confirmation hearing about the documents stolen from the Democratic staff of the judicial committee by Manny Miranda.
He lied under oath about involvement in the illegal wiretapping an torture policies in the Bush administration, and his involvement in the nominations of Judges Haynes, Pryor and Pickering.
We do not even need to add all these lies about drinking and sex.
Perjury. What did the Republicans have to say about Clinton lying about sex under oath again?
6
There is no rage.
There is man defending his honor and future against serious allegations that are not backed up by evidence!
CBF claimed others were there and they all refute her claims.
She can't remember where or when ??
The Democratic Senators question him for hours on his HS yearbook & drinking beers.
Please.....this is ridiculous!
3
@Peter We must have a different definition of rage in my household and in every professional setting I’ve been a part of.
2
The die has been cast. The Rubicon has been crossed. It's a done deal. Now there's nothing but sound and fury signifying nothing. With Kavanaugh's appointment, we're in for thirty years of backward evolution toward a second Dark Ages. However, in the near future, they will program the human mind in a computer using a "survival" algorithm as a base, which will provide irrefutable proof as to how we have tricked this survival program with our ridiculous beliefs about what is supposed to survive - creating minds programmed de facto for destruction. When this is learned, we will begin the long trek back to reason and sanity.
See RevolutionOfReason.com
2
Beautiful summary of what is at issue in the Kavanaugh affair. It's just misleading to frame it as three questions. It's three reasons why Kavanaugh should not be elevated to the Court even if he didn't sexually molest anyone in the 1980s, and even if someone with his qualifications and judicial philosophy should be confirmed if nominated. Reasons (not questions): he's a liar, he lacks empathy, and he's a partisan hack.
So much of this is absurd. Remember, even if no hearing had ever been held, no Dr. Ford had descended onto the stage in the eleventh hour, and no extended background check had been conducted by the FBI, not one Democrat on the Committee would have voted for Kavanaugh anyway. The best full Senate vote he could have hoped for was 52-48. So very little has changed in the wake of a great deal of nonsense.
None of this has been not about truth, judicial temperament, or character, or any of the other charges spooled out at the last minute, but has simply been a series of attacks to delay the vote and continue to work on the three or four undecided votes. It's a political war, that's fine, I can understand that. Any kind of allegation is fair game. It's the sanctimonious posturing while attempting to gut the guy that is harder to take.
37
@Frunobulax What's at issue here transcends partisanship. It is the basic functioning of the court system. If a member of the highest court in the land brazenly lies under oath before the Senate Judiciary Committee and the nation and the Senate just yawns and says that is just fine, our judicial system will unravel. Institutions are extremely hard to build up and easy to tear down, reverence for them is a precious commodity that we need to protect.
266
Delay the vote? Where was a timetable written in stone? Why is that even relevant? The Republicans are happy to delay Supreme Court confirmations, and did it to great effect just a few years ago.
83
@Frunobulax
It was "eleventh hour" only because the Republicans rushed the appointment through without time for proper vetting
47
The recusal problem is quite interesting when you consider the Chief Justice. I don't think that CJ Roberts cannot require Kavanaugh to recuse himself, but allowing him to participate will destroy the reputation of the Supreme Court and consequently Roberts' legacy. And Roberts is smart enough to understand this.
The only option I could come up with is to tell Kavanaugh to recuse himself or Roberts will nullify Kavanaugh by siding with the opposing side.... and stating that in his opinion. Roberts has to be hoping that Kavanaugh is not confirmed.
134
@Bill young that's an interesting thought...I wonder if the sitting justices are ever asked about their thoughts on a nominee. For example, would someone ask CJR (in confidence) if he believes Kavanaugh should withdraw?
22
@Bill young I've also been wondering about the other justices. Regardless of Kavanaugh's qualifications, I suspect his behavior has given them major headaches.
6
@Bill young Recusal is an interesting option, but one most people can have little influence on. But this is not the time to give up hope for a less partisan world. The more people think about the possibility of a Justice Kavanaugh, the more options are raised. Recusal requests, voting, impeachment, and SANCing. Let me explain the last one. The goal of SANCing is to reduce the incentives for partisanship by reducing its rewards. Change the incentives by changing the results, and eventually the behavior will change. We must work to reduce the benefits of partisanship in judicial appointments in every legal way we can. To help do this, we can make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
27
It seems fair to conclude that the weaponization of politics has led to the weaponization of the Supreme Court. Gone is any pretense of judicial independence, let alone the brilliance of jurists. Instead, we have politicians and, apparently, judges with anger management problems. God forbid we let them drive.
224
@Quoth The Raven Then let's make the driving less attractive for them. If we do, they'll stop eventually. Change the incentives by changing the results, and at some point the partisan behavior will end. We can and must work to reduce the benefits of partisanship in judicial appointments in every legal way. To help do this, make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
Great piece. And pretty spot on. This is less about what occurred between Kavanaugh and Ford many years ago and more about how he conducted himself in this hearing. I find it appalling that he was so busy preparing his own remarks that he did not take the time to listen to what Dr. Ford, a woman who has been significantly traumatised by her alleged interaction with him in the 80's. To me, that insinuates that he just doesn't care.
IMO, he is applying for a lifetime appointment to the Supreme Court and he should expect his life to be held under a microscope during his confirmation. It is to be expected that there will be questions and the potential for people he has wronged in his past to come forward. That is no excuse for the display of outright partisanship and lack of judicial decorum we witnessed last week.
His testimony is an example of everything that is wrong with our government. When Jeff Flake was asked if he would have called for an investigation on this if he was up for re-election, he answered that there was "not a chance, there is no value in reaching across the aisle" because "there is no currency for that anymore".
And that is the biggest disservice to the American people possible. Politicians seem to forget that most Americans share similar values and where we differ we are often driven further apart by the political rhetoric of the moment.
301
According to witnesses, he did actually view at least some of Ford's testimony. So that's yet another lie on his part.
@Karen
According to this report, Kavanaugh lied about not watching Ford’s testimony:
http://theweek.com/speedreads/798713/did-kavanaugh-lie-under-oath-about-...
He lies about a lot of stuff, huh?
Hey goof his life has been held under a microscope 6 prior fbi investigations. And to use his ire at what he believes to be and what truly are accusations based on feelings and no proof witnesses or corroborating evidence and certainly full of holes is a complete lack of justice. You and the Democrats have him guilty in the court of public opinion and if a tape came out exonerating him it would not change a single democratic vote or a lefties opinion. So the whole charade is to denigrate this man publicly and then say well with all that... true or not ...he is not fit for office.
Trump should not be president. At least half the Republican Senators should not be Senators. Brett Kavanaugh should not be on the Supreme Court. If the American people do not vote in the midterms who feel like I do all of the above will not be true. Democracy will not have failed us we will have failed Democracy and will have what we deserve for a long time to come.
4
Temperament is an important issue. But so is political hostility. I believe Judge Kavanaugh honestly expressing his belief this was the revenge of the Clintons did the nation a favor by revealing how partisan his is, as well as how partisan probably most other in the Federal Society, such as sitting Judge Clarence Thomas , are. I find it unlikely without such deep-seated political hostility, that a profoundly corrupt ruling such as Citizens United, which concerned a Hilary Clinton documentary, would have happened.
If you watch a Federalist Society Conference, they attempt to cover up their extreme pro corporation biases. Corporations are where the legal money is an the raw unchecked power of Corporations is what Citizens United authorizing secret money is buying.
So what does a conservative court really mean besides over turning Roe v Wade: anything that gives the corporations more power and money over the rest of us. Such as continued attacks on unions, worker rights, class action lawsuits, product liability, , control over the Truth such as attacks on Universities, massive more pollution, and further support corrupt business practices. As said, attacks anything that interferes with big Corporate money and power.
156
All we have left is our vote, and they even try to take that away. We must use it before we lose it.
6
@cover-story My feeling about the men who debate abortion is that thy are a none feeling bunch of very ignorant people. A man is necessary for “laying the keel” of a pregnancy but from there on, it is the females decisions on how the pregnancy progresses. It is her that eats god food, does not drink alcohol, takes her proper vitamins. So, basically she is in charge of the pregnancy. Therefore, if SHE feels that the pregnancy should not proceed, it is her right to have an abortion, not a judge on any level of government. At the same time, NO judge should be in the position to remove that right of the female. WRP
@cover-story
COULD NEVER UNDERSTAND THE SUPREME COURT RULING
OF CITIZENS UNITED.
HOWEVER, LIKE BIG POWERFUL CORPORATIONS,
UNIONS ARE NOT ADVERSE TO POWER AND MONEY EITHER.
I OFTEN WONDER HOW MUCH OF THAT POWER AND MONEY
IS REALLY USED TO BENEFIT THE AMERICAN WORKER.
AND ABOUT JUDGE KAVANAUGH'S TEMPERMENT:
IT REALLY CONCERNS ME - NO MATTER HOW QUALIFIED
HE IS TO SIT ON THE SUPREME COURT.
FURTHER, JUST LIKE WE DESPERATELY NEED MORE BALANCE IN BOTH HOUSES OF CONGRESS, WE NEED BALANCE IN THE SUPREME COURT AS WELL.
BALANCE IN BOTH THOSE ARMS OF OUR GOVERNMENT IS WHAT TRULY SERVES AND REPRESENTS BEST THE MAJORITY OF AMERICANS.
If Brett Kavanaugh "felt ambushed" two weeks ago, Dr. Ford has felt the consequences of being ambushed for 36 years. Basic empathy would have required Judge Kavanaugh to acknowledge that fact, even if he is convinced that he had nothing to do with the ambush. Instead, his presentation was all about his own heroic suffering.
10
From my living room seat, I saw a man clearly becoming unhinged under modestly assertive questioning by the Democratic senators. Kavanaugh's reactions, defiant, evasive, defensive and dismissive revealed a very troubled soul. On substance, he opened a Pandora's box of potential perjury.
If this were a job interview - wait, it was! - how could his employer hire a man who lacks such self-control and basic respect for his superiors and peers?
The appropriate response should be, "While we appreciate your background for this position, we decided to go in another direction."
1028
@Norm Levin
Right on!! This is not a man I would hire to work for me regardless of what he did or did not do many years ago. I don't see how he can be an impartial judge after going through this debacle.
57
@Norm Levin Bravo, well said!
3
@Norm Levin And to think that he may be confirmed as justice of the SCOTUS. Pitiful really pitiful. God forbid.
I am glad you brought up empathy. Lack of empathy is one of the things that really concerns me about the right. I have participated in a site that promotes dialogue between those of all political persuasions. I have had some very informative conversations with Trump supporters and learned a lot about where they are coming from. And in most cases I can empathize with them, in the sense that I understand how they feel based on their experiences and what information they are being fed by the right wing media. I strongly disagree with them, but I do understand. But our conversations broke down when they refused to even try to empathize with why I was so afraid of what is happening in this country. This is my speculation, but it seemed that they were afraid that any acknowledgement of where I was coming from would endanger their worldview, which has become part of their identity. It is important to remember that lack of empathy has been behind much evil over the course of history. I hope that when (and I hope that it is not "if") those of us who do feel empathy for those who are not well off, do regain power, that we can remember to feel empathy even for those who are now arrayed against us.
180
@dj sims
On the left you have: high emotional EQ, empathy, understanding of nuances
On the right you have: low emotional EQ, a prioritization of rules, black/white thinking.
@dj sims THIS!
@dj sims
There is reasearch to show that empathy may be genetic, and selfishness as well. We need a fair balance between the 2 sides of that spectrum as a species in order to survive as a species (reasons for that have been written about in various places) .Our current political discourse is pitting the 2 sides against each other and it is like a big see-saw that is in danger of throwing us off.That is why Justin Kennedy was so key, he was in the middle of the spectrum. I would not want a blatantly leftist court any more than I want a right wing court, I want this next justice to be a moderate.
(But it won’t be. I don’t want BK because he failed the nomination process IMO, however I know the next nominee will also be right wing and we will have no recourse as they are unlikely to have this baggage).
I'll say it again, Judge Kavanaugh made the case for denying him a seat on the Supreme Court last Thursday. He personally provided enough evidence for any senator to vote no. I am sorry his life is unravelling on a national stage. You don't have to look back on 36 years just start at last Thursday. Ask yourself if this is the kind of person who is ready for a lifetime appointment or any appointment to sit as a judge.
If your answer is yes, you weren't watching the hearing with an open mind.
801
@richard wiesner: The Peter Principle comes to mind. Brett Kavanaugh had the world on a platter as a (lifetime) Judge on the DC Circuit Court of Appeals, yet he reached too far when he accepted nomination to the Supreme Court. He should have said Vielen Dank, but I’ll stay in my current job. In doing so, his marriage, family and public reputation would have survived intact.
71
@Jonny207 Agreed. He should have 'stayed' in his safe spot on DC Circuit. He knows he perjured himself during that confirmation hearing. Instead he 'gambled' and tried out for the next level, bolstered by the idea that the fix was in. He may have opportunistically made a back channel to Trump through the law firm of Kasowitz, Benson, and Torres.
He's already lost his Harvard teaching gig, the respect of many of his peers, and it doesn't look too good for coaching girl's basketball. (I might feel sorry for him, but he was ruthless and merciless with Lewinsky and Clinton, and as Mr. Kristof pointed out Kavanaugh was instrumental in some of the darkest political policies of my lifetime, including torture).
I am very worried that he will be confirmed. I hope that there are more senators of good conscience that will come forward. The Supreme Court of the United States of America deserves better.
1
@Jonny207 As it is, he should be removed from the DC Circuit Court of Appeals. Why should anyone's fate depend on the "judgment" of this brutal, paranoid, sniveling liar under oath?
Kristoff nails the problems here. They go way beyond Dr. Ford's charges & they have continued to occur - as recently as last week.
1
Add to the list - Are you sore you didn’t watch Dr. Ford’s testimony at the hearings ? Hard to believe.
1
Sure not sore , though ....
Aren’t nominees supposed to answer these questions during “the process”. I’m afraid we are being setup. Imagine next week when he’s a sitting justice, and 30 years from now? Makes me sick. The sickness is with the republican congressmen and women especially who are all too spineless to vote their conscience in favor of re-election. I think we should offer them a fat private sector job, so the country can move on. I’m imaging jobsforgoplosers.com where all those cash rich corporations can hire those who get ambushed from the right. Facebook will be looking for some experienced political operatives soon to save the company from going under-no doubt in Brett SCOTUS lifetime.
1
I have no questions for Kavanaugh. He answered them all last Thursday during his little show in front of the entire world. He shouldn't be any where near the bench much less a justice on the Supreme Court. My only question is: Why isn't this obvious to everyone.
1
I really needed this column. The country needs this column. I am so frustrated that the question of Kavanaugh's suitability to sit on the court seems now to hinge entirely on proving or disproving Dr. Blasey's allegations. Completely regardless of whether her claims are true or not, Kavanaugh has shown himself to be a liar and a bitter partisan. I defy anyone to make a sincere case that such a person should be permitted a seat on the United States Supreme Court.
1
Kavanaugh showed a great lack of integrity by even accepting a nomination via Trump.
I’m so glad you’re back. Thank you for this perfect letter! We will see which will prevail: reason, logic, and doing what is right or continued lies and live-and-let-die manipulations.
1
@Caro
Thanks for putting my sentiments into print. It saved me time.
The only change I'd make: I intend to work to ensure that reason, logic and doing what is right prevail.
Thanks again for writing.
2
What I took away from the testimony last week was this. I listened to the Hearings on the radio, so I only had the voices of both Blasey-Ford and Kavanaugh, not their appearances.
Blasey-Ford's voice sounded like a 15 year old girl who had been traumatized by a sexual assault.
When children suffer abuse so severe that it traumatizes them, some area of their being freezes and does not mature. In this case, it would appear that the result of Blasey-Ford's trauma of being sexually abused was her voice not maturing.
What Kavanaugh's voice sounded like was that of an angry bully who thinks he should not be treated in any manner that he deems an insult to his status being questioned. He believed he was entitled to do the questioning. More importantly he sounded as if he had no respect for the process, for the Democrats on the Committee or anyone he deemed to be beneath him. His ranting and raving added to the thought that this man has no right to be placed on the Supreme Court.
My opinion was based on listening to their voices, not watching them.
Voices and body language tells a lot about a person.
Later on that night I saw the news reports on PBS. The visuals only served to convince me that Kavanugh, for sure, does not have what it takes to serve on the Supreme Court. Body language speaks volumes, as does a voice.
And Lindsey Graham and Orin Hatch further proved the point.
Are the Republicans and especially Mitch McConnell so desperate that they need to ram this vote?
6
Yes, they are desperate—for this particular vote. Trump needs this vote, and soon.
My daughter pointed out to me this morning that there was a telling moment at the beginning of his statement. When speaking about his daughter's ability to show grace by praying for Dr. Ford, he seemed SURPRISED by the sentiment.
Such a good point.
If your first instinct is to be a jerk (what comes around goes around), then yeah, mercy, empathy and understanding are going to surprise you.
Every. Single. Time.
1
Here are the answers to your three questions:
1) He lied in his original hearing before he was placed into his current position on the bench. He got away with "little lies" then, so why should we be surprised that he's decided to lie again?
2) Empathy for "those not so blessed"? No one has ever claimed he was emphatic before, so why would we ask that of him now? Being a judge does not require empathy, it requires knowledge of the law and a commitment to holding others to it's requirements.
3) True, he has failed to adhere to the Bar Associations behavioral demands on those who hold judicial positions, and many have noted his lack of judicial temperament, and his inappropriate responses to those who have been doing their jobs by questioning his qualifications for a lifetime appointment to the Supreme Court. The more important question is, if he can no longer be a member of the Bar, exactly where will he go to get drunk and puke when he feels the need to?
I have a question or two for Judge Kavanaugh too.
Does a crime that happened years ago cease to matter ethically and morally just because it ceased to matter legally? Can a person get a pass without showing an ounce of self reflection or introspection? Even if their job will require the wisdom of Solomon?
How do you defend/explain that you have changed from the person who casually admitted in your yearbook to using other people - mostly for entertainment - in high school? Please remember to add in a bit about the salacious way you used Monica Lewinsky in written testimony during the Clinton impeachment era, an impeachment that rested on the concept of lying under oath about a sexual relationship. In your essay, please remember to show examples of "irony" and "poetic justice."
And why has no one commented on the death threats made against Dr. Ford, or the totally disrespectful response Judge Kavanaugh gave to the questioner at the hearing when he asked her about her use of alcohol? Both are incredibly disrespectful-- and would be whether the recipient was male or female.
1
Judge must be impartial.
A very example of a partisan (class) judicial power: Brazil.
2
Great thought provoking report. Unfortunately it only solidifies the already sensible viewer that still retains empathy & does everything to thwart bias and paranoia. If we learned anything is that trumps outrageous behavior is not only accepted it is encouraged. His example of unconstrained anger and bias and the lack of consequences have allowed the inner voice of the devil to be let loose. His GOP started out uncertain how to proceed but quickly realized Trump controls their constituents. it was a moment in history where they decided their own job was more important than the integrity of the constitution. they went all in at the moment they endorsed Moore for Senate. We now have a Putin type dictator with a politburo willing to do any task necessary to please the dictator.
2
Thank you for this thoughtful article. I am less troubled by any boorish (even criminal) acts Judge Kavanaugh may have committed as a teenager than I am about the obvious partisanship, dishonesty and lack of integrity on display last week. Kavanaugh appears guilty of dishonesty at best, and perjury at worst. He has shown himself to be a rank partisan and will never be able to rule dispassionately from the bench. He is, simply, unfit to be appointed to the Supreme Court.
If it walks like a duck, and quacks like a duck...
Kavanaugh sounded like a political operative last week because he _is_ a political operative. Why else would the records of his service in the G.W. Bush White House be selected for release by the Bush Presidential Library curator and not by the U.S. Federal Government archivist? Why else would he, red-faced with rage, take that potshot at "the Clintons"? (And might he meant to include Chelsea too as a revenge-seeker?)
If Kavanaugh's judicial philosophy was not enough for a principled vote against confirmation, the petulant aggrieved posturing of this self-centered elitist with a chip on his shoulder larger than his sense of entitlement displayed last week ought to be.
Call your senators, especially if either is standing for re-election next month.
1
Kavanaugh has got to go, and any right-minded onlooker knows that that's true. But for those of us who long since arrived at the obvious truth, there is reason to take exception with the view that small lies are disqualifying.
Most of us lie fairly often, whether to resolve disputes that don't much matter, to avoid issues that are highly personal, or just because there isn't enough time in the day. The suggestion that we must all tell the truth all of the time lacks common sense.
White lies don't matter. And those who disagree are just holier than thou. And those who cite Comey regarding when to speak out are making an obvious mistake in judgment.
@michjas Yet, those white lies you mention that do happen casually on occasion throughout the course of the a normal are not being made under oath, with preparation beforehand, before a senate committee, to be confirmed for lifetime position as a Supreme Court Justice of the United States. There is a vast difference between what you propose can be easily dismissed as something that everyone does now and than and what Judge Kavanaugh did.
1
Nicholas is absolutely correct. It may be reasonable to disregard Dr.Ford’s uncorroberated allegation of sexual assault. Drinkiing to excess in high school and at Yale seemed to be the lifestyle of Judge K and his buddies.Perhaps this could be forgiven. BUT the insolence and disrespect and lies big and small before the Senate Justice Committee change the equation. Kavanaugh is not worthy of appointment to SCOTUS. End of story.
3
Small lies? What about his claim that his high school beer drinking was legal? He repeated that at the hearing even though after his Fox interview it was widely reported that the MD legal drinking age was 21. Thus it was both a lie and a remarkable show of contempt for the law from a lawyer, judge, and potential Supreme.
1
These questions are profoundly important to people on the spectrum of neurotypical human emotions who are able to think critically and compassionately about the world. We need to hear Kavanaugh's responses to the questions.
But posing these questions to people like Kavanaugh who are on the sociopath spectrum (especially of affluenza origins) is like feeding a beast. They are deficient in -- or completely lacking -- higher emotions like empathy, regret, shame, remorse, guilt. You'll never get a straight or real answer from them.
Therefore, questioning about integrity/ morality/ ethics/ empathy becomes information that is weaponized by people like Trump, McConnell, and Kavanaugh, because it provides them with a primer of what's important to neurotypicals. It gives them talking points that they can twist into deliberate misinterpretions, reverse victimizations, projections, feigned innocence, gaslighting... You get the picture.
Don't get me wrong. I think we MUST have these questions and discussions. Loudly, often, relentlessly. Just bear in mind that we are NOT dealing with people whose brains operate the ways ours do. They are cognitive creatures. Emotions do not guide them. They use anger and outrage to their advantage. But they don't care what you think. They don't understand or care what you feel. And they will use both your thoughts and your feelings as a weapon against you. That's what Kavanaugh is doing. That's what Trump always does.
1
The iron y here is that in the last 30 years Republicans have made character assassination a standard component of their campaign planning. Smearing, questioning motives, telling lies about an opponent's voting record--that we expect, since the Republican platform usually offers little or nothing to the non-rich and would not help anyone get elected.
So here we have the Republicans crying foul when the character of one of their rubber-stamp candidates is questioned. As long as Kavanaugh destroys Roe v. Wade and always favors the rich and powerful in his decisions, he could have murdered someone in his past: what Republican cares?
The President sets the standard, which is "whatever you can get away with," no matter who is hurt. The Kavanaugh hearing is just more of the same.
3
This is Trump's Man. His get-out-of-indictment-free Judge. HE will not let Kavanaugh go and McConnell is stuck. The GOP doesn't want to look like they can't get their judge through afraid their voters will be disgusted by inability to deliver. They could have gotten a new nomination earlier. McConnell did not want Kavanaugh but caved to Trump. Now they are stuck.
As with all things Trump, one of the most secretive Presidents, we do not know how much they knew about Kavanaugh before announcing him but indications are starting to surface they knew there might be trouble and not just his professional past.
And now the full court press is on and we are waiting on what Murkowski or Collins decides. It's a rolling dumpster fire which Trump and McConnell will push up to the door of the Supreme Court.
3
Kavanagh broke the law last week by lying to the Senate committee under oath.
Committing perjury in a federal court is a felony with a jail sentence of up to 5 years plus fines.
Judge Kavanagh has just turned the rule of law on its head in broad daylight.
4
This comment is not witty, urbane or elegantly reasoned, but it is sincere:
Thank you, Mr. Kristof!
1
"So it appears that your side’s strategy is not to dispel the suspicion but rather to humiliate the accusers — violating them in a display of power and entitlement that is an echo of what they say took place so many years ago. If that’s the path you choose, you should not sit on the Supreme Court."
Hear, hear!
4
I'm suspect of any lawyer being nominated to the SCOTUS who has NEVER tried a case, civil or criminal, who has never presented an appellate brief, and never lost a case to a jury. How is it that such a person gets to sit in judgment in any court without experience? Perhaps this is why K lost it in front of the World. I know of no judge in any court that would have put up with those antics in a real courtroom.
4
These questions are easily evaded by the jesuitical Kavanagh. His tirade was a puppet show in which the lines were supplied by Trump. A Republican operative and Trump flunkey, that is the reason he is not fit to serve on the Supreme Court or any other one.
2
“What can we call these but lies? And they come on top of deeply misleading testimony about your knowledge of stolen documents when you were in the Bush White House and your involvement in judicial nominations then.”
As I said about Roy Moore at the time, people speak about the allegations of sexual misconduct as if nothing came before. Not to diminish the seriousness of the allegations. It’s always better to know and investigate than to wallow in comfortable ignorance about such things.
But it’s absurd that Kavanaugh even made it this far! For better or worse, the GOP has a list of conservatives who have (ostensibly at least) been vetted and would love a chance to be on SCOTUS. If someone is impressed with Kavanaugh’s intelligence, fine, I won’t argue the point. But who on the list is rated as less than intellectually qualified (regardless of politics)? We don’t need the one candidate sitting before the Senate talking about how an email with the subject line “Spying” and full of the obviously confidential information of his political rivals didn’t raise red flags to him. Everyone seemed eerily comfortable with that level of bad faith in the same way that far too many people were strangely comfortable with the fact that Roy Moore’s fellow A-L-A-B-A-M-A judges helped remove him from the bench for his judicial bias and abuse of power.
I swear, people act as if nothing short of incarceration or literal treason is disqualifying. #standards people!
Given all that has come out prior to this week for reconsideration of Kavanaugh's behavior and lies, if somehow the GOP pulls it off and gets him confirmed, I will have LOST COMPLETE FAITH in my government. I witnessed a man UNSUITABLE for the Supreme Court and I'm ASTONISHED that there's no doubt in so many Republican minds that he gave a fine testimony. Trump really turned the tables on everything. Perhaps he pulled back the curtain of what was already brewing behind the scenes. He gave the Republicans the gumption to finally behave badly in our faces.
WE THE PEOPLE, cannot and should not stand for this treachery.
3
If all else, Kavanaugh lied, several times, under oath. The lies may have been about the sexual innuendos of a few teenage scribblings, but they were lies just the same, and obvious ones at that. I would like for the senate committee to explain how they did not consider Kavanaugh's responses as lies.
The White House must select another candidate. If Kavanaugh is confirmed, the senate committee will have set a precedent that debases our constitutional process.
There are numerous other factors that, in sum, could lead to disqualifying Kavanaugh, but the blatant lies, small as they were, are enough.
4
Haven’t you heard? In Trump’s world it is permitted to lie, even encouraged. And when necessary, it is demanded.
Sexual misconduct, misogyny, impulsiveness, rage, paranoia, lack of empathy and narcissism all have a common underlying source: lack of emotional self regulation. Emotional self regulation is the ability to modulate strong feelings: to self calm when worried, to stay cool wben angered, to manage insecurity or pain. It is a skill that is learned (or not) in toddlerhood, 0-3. It is learned by being calmly and consistently externally co-regulated by a beloved attachment figure. Aka mothered.
Babies need a great deal of empathically attuned one-on-one care to absorb these skills. They need to be rapidly noticed and comforted many thousands of times. They need someone they trust, devoted to their care.
We are seeing a critical mass of Americans (the base, the GOP, Kavanaugh, Tump, a great may Evangelicals) who did not get their dependency needs met.
Shamed or hurt for being dependent as a small child, the un self regulated develop a host of defenses and filters used in its place-- such as paranoid rage scapegoats-- that make it possible to manage day to day, but impossible for them to see "reality" as any emotionally self-regulated person would. Feeling rage and hatred towards their own baby dependency, they externalize it onto others via scorn or mistreatment of people less powerful than they are.
We need to radically increase the amount of nurture that small children get, particularly 0-3.
If we do not, the base will get bigger.
4
At this point I wouldn't be surprised if the drinking age in Maryland was raised to 21 because of Kavanaugh and his buddies.
2
"An air of entitlement hangs over both your testimony and the sexual assaults, if they happened as alleged, and it leaves many of us with misgivings . . . ."
Kavanaugh claimed that he got into Yale Law School "without connections." What does he think his attendance and graduation from his prep school is, if not a major connection? Further, it has been revealed that his grandfather attended Yale, allowing him legacy status. This is only one small point of contention (of many) that I have with his testimony. Shouldn't a district judge, not to mention a Supreme Court judge have a clear idea of who makes up the US populace in order to understand, i.e., empathize with, those who come before him to be judged? He does not merely demonstrate entitlement, he is unaware of what it takes to become a Supreme Court judge--yes, years of difficult academic work, but also a clean record of behavior, and the ability to see oneself and others, unblinded by an appalling sense of superiority. May these hearings and the fallout be a lesson of what others know and think about you. You obviously worked your tail off drinking and humiliating women,
4
The sexual assault issue aside, (though I believe Dr. Ford), Kavanaugh, as you so astutely point out, by temperament and demeanor, is not deserving to be a Supreme Court Judge. End of story
We shall see how it all plays out in the next couple of days, and if the
powers that be will recognize what should be done rather than what
would benefit them and their own agendas.
Let us not neglect to vote!
The R's have just set up viewing of the FBI report by Senators tomorrow, with a single copy available for all 100 Senators. What is fully evident now is that the fix is in. The hasty and unseemly and obscenely limited supplemental FBI "investigation" was hampered and suppressed, likely by Republicans Sessions, Rosenstein and Wray (the latter two pals with Kavanaugh, by the way), and will be rationalized to be just enough of a figleaf for the fence-sitters to jump into the muck.
Not only is the Court now tarnished by the elevation of an intemperate, reckless partisan hack - the "Roberts Court" will be infamous - but the FBI and the country are, too. "Make America Great Again," right?
Note to the Democratic Party: In case you hadn't noticed yet in your slumbers and in the scheming in your own muck, elections have consequences. Repeat after me, children: Elections have consequences.
Everything said here is true and well reasoned. But let us not forget that the breathing lump you are talking to is a greedy Republican who, along with his partners, is intent on taking Americans away from the glory of victory in WWII and the justice of the post war trials. They are the living, breathing modern day equivalent of Father Coughlin and the primary 'America First' movement who prefer to see us as the pure white embodiment of the superior race who were unjustly prosecuted at Nuremberg rather than the fair prosecutors at those trials.
These sorry excuses for humans do not listen to the little guy or justice. They are entitled to rule over the masses. They will not abide by the law because the law does not apply to the white privileged class. Don't waste your time trying to reform them. Spend your time trying to defeat them by getting your readers to polls to vote this evil out of our system. They have to be defeated. This is truly a war and they are the enemy of representative democracy as we know it.
2
Sir, I admire and respect you greatly, above ALL the NYT Writers. But, here you are being naive and too fair minded. THAT is the underlying, primary mistake when dealing with the GOP. And make no mistake, Judge Dread is a republican, born, bred and very practiced. In simple terms: a liar, a denying robot, a misogynistic male with a huge sense of entitlement. The RAGE we saw during his televised “ interview “ was the response of a teenager, who just had his car keys taken away. Completely out of proportion, as if histrionics and sound volume could change the outcome. HE is unfit for the Job he HAS.
He WILL be confirmed. The congressional GOP is spineless, terrified of the presidential Toddler. Their greatest fear is losing their “Jobs”. They will fall in line, to avoid the wrath of their base.
VOTE in November. It’s the only way to cure this Contagion.
2
Thank you Mr Kristof. It is comforting to see logic and common decency underlying your opinion. It’s sometimes tempting to throw one’s hands up in despair and wonder whether it’s time to give up the unequal fight. How can it possibly be that Donald Trump declares it a scary time for young men, Donald Trump Jr fears more for his son’(s)’safety and reputation than for his daughters, and that white males, in the midst of the Senate hearing, have suddenly become galvanized to vote for the Republican Party. I sometimes feel that we’re living in an alternative universe. Plainly either Kavanaugh or Doctor Blasey Ford is lying and I think most intelligent people would be unanimous in their choice of which one. But beyond that, even if one were in doubt before last week’s hearing, the shameful, petulant, aggressive, arrogant and plainly partisan account of himself that Kavanaugh gave us should be in and of itself, grounds to make sure that he never comes near to being appointed a Supreme Court Judge.
Your three questions should be put to Mr, Kavanaugh. I would add a fourth. Had questions of excessive alcohol use in high school and college arose, rude behavior, and obfuscation occur in an interview for your clerkship, would you consider this disqualifying?
Abuse of power is frightening.
4
What concerned parent would want their daughter alone in the same room with the Brett Kavanaugh of the 1980's, or the Donald Trump of now?
And: he didn't want a full FBI investigation, which makes it seem like he is worried about what they would find. And lucky him, his cronies made sure that he didn't have to go through one. They didn't interview him or Dr. Ford or Julie Swetnick or his Yale friends and roommates who wanted to testify about his heavy drinking (which means he could have blacked out and might not remember sexually assaulting women, in addition to lying extensively about his drinking).
In addition to making the FBI investigation Kabuki theater, now they are only making one copy available, in a locked room, for one hour. Come on. This is the United States?
If Kavanaugh had any integrity, he would be ashamed to be part of this farce.
4
Well said, too bad it falls on deaf ears, along with the 1000 plus signatures from Professors around the country. This feels as bad as the night Trump was elected President!
1
Cavanaugh is lying. Just listen to his Senate testimony.
What a circus, and to think there are so many other qualified judges out there, yes, even conservative ones.
4
Christine Blasey Ford DOES have a more judicial temperament than Judge Kavanaugh. Let's pick her instead!
2
Excellent summary. Thank you.
Judge Kavanaugh's display of rage and partisanship would keep him off a jury. Should we send someone to the Supreme Court who would not be selected for a jury?
5
"And the boast about being a “Renate alumnius”? Come on. We were all teenagers once."
Don't try to meet him half way, or normalize this, Mr. Kristof. This isn't normal teenage behavior. I don't know about you, but at 58 I'm not really a much different person from who I was at 17. I still like and am proud of my friends from that time.
Kavanaugh's lack of empathy and need to show off to the boys is deeply disturbing.
8
Excellent article. I note your saying the Republican strategy has become one to humiliate the accusers. I would expand that to say there was an attempt to humiliate the Committee Members who dared to question Judge Kavanaugh's behavior. Witness his cruel retort to Sen. Klobuchar, regarding blackouts, i.e., "...No, Senator, have you?" It was said in such a nasty, ugly, street fight manner I was shocked.
Looking back to the 90s confuses us even more. Sen. Graham wanting to impeach President Clinton for lying and at one point saying: "In the past when the Senate had determined that federal judges had committed perjury, it concluded that 'you couldn't in good conscious send him back into the court room'..."
Indeed, small lies matter.
Judge Kavanaugh himself made the observation in 1999, during the Starr investigation of the Clinton's that: "...Starr did not cause this, Clinton did..."
Judge Kavanaugh should look inside his own self and realize that the Democrats didn't cause his current troubles, he did.
6
It definitely appears that the man who loves to judge others for a living really doesn't like to be judged himself.
1
My questions to Judge Kavanaugh would be: What do you think is the most important thing - your reputation or the reputation of the Supreme Court? And please explain your comment, "what goes around comes around."
3
Thank you Nicholas as you have stated precisely why the judge should not become a justice. He was deceptive, deceitful, and disingenuous as he lied to all of us, boldly and decisively. It was his choice to follow his boss’ advice to deny, lie, and attack.
So many questions for the accused who has had his testimony picked apart by the pundits. But total silence for the accuser and her vague accusations. Why this glaring double standard for the male? Where is the fairness?
1
Taking Dr. Ford's accusations out of the equation, (yes, I do believe her testimony) what BK did as a teen, IMO, is irrelevant.
What IS relevant is the fact that he lied under oath. No matter how big or small the lie, or what he lied about. A lie is a lie & a sitting Federal Judge lied under oath. Period. Our democracy is hanging by a thread & the rule of law is key to a strong democracy. If BK felt he had to lie b/c he got wasted when he was a teen, what else has/will he lie about. And his temperament was not what I would expect to see from a Judge, especially on the SCOTUS.
IMO, he should take a long, hard look in the mirror and ask himself why he felt the need to lie under oath about his drinking.
In fairness however, the FBI was not directed to question either Dr. Ford Or BK. The FBI was not allowed to receive info from many others who tried to come forward w/info that could've helped either one of them. So we are not ever going to get an accurate picture as to what did/didn't happen. And the FBI is in an impossible situation b/c they will be criticized no matter the findings. If I am understanding this correctly, they were very limited in who they could reach out to.
Sadly, it seems that values and morals just don't mean a whole lot anymore. I'm 55 & I keep asking myself what happened to us? Were we always this angry & divided and social media has given us an outlet to vent? I don't know. I do know that I will vote this Nov. & remain hopeful.
Judge Kavanaugh: Given all that has accrued, how can women now trust your impartial judgment on gender issues? What can you do to earn their trust?
If there's anything positive about the assault to we subject some of our public figures, it's this. Oftentimes, we get to find out who somebody really is.
Under pressure, the inner Kavanaugh emerged. It was a familiar sight to anyone who has witnessed an angry right-winger go off.
Attacking others? Check.
Dodging penetrating questions? Check.
Conspiracies against him? Check.
Nonsense about the Clintons? Check.
Self as victim? Check
No recognition of Republican contribution to problem? Check.
Lack of recognition that his accusations against Democrats call into question his ability to be fair on the Court?
Checkmate.
2
Whether one agrees or disagrees with Kavanaugh's conservative philosophy, his performance at the hearing showed a man who is partisan to the core, unhinged, intemperate, prepared to lie, even under oath, to get a seat on the SCOTUS.
Based on this performance alone, I wouldn't hire him as a baby sitter, leave alone as a Justice on the highest court in this country.
This is no longer about Dr. Ford's credibility or the veracity of her allegations.
Even if the allegations were untrue, that does not entitle to Kavanaugh to lie under oath to Congress -- which he most brazenly and contemptuously did on the matters identified by Kristof.
Falsus in uno, falsus in omnibus. Call it a perjury trap, but a witness who willfully falsifies one matter is not credible on any matter. Caught lying, Kavanaugh should not be rewarded with a lifetime appointment to the Supreme Court.
1
"So it appears that your side’s [advocating for BK's confirmation] strategy is not to dispel the suspicion but rather to humiliate the accusers." Is this not exactly what Republicans accused Hillary Clinton of doing to Bill Clinton's female accusers in sexual impropriety cases levied against him?
1
Thanks, Nick, but I am afraid you're spitting into the wind, sorry to say. Railroad in process.
If Kavanaugh had taken and passed a lie detector test, the Republicans would have shouted it from the rooftops. They didn’t, so he didn’t. Next nominee, please.
Agreed and thank you. In the face of the allegations against him, Brett Kavanaugh has shown himself to have a weak stomach after all. He has vomited up his contempt and anger, along with lies big and small, proving again and again that his behavior as a 17-year-old who felt entitled to terrorize someone while his friends laughed was a harbinger of the man he would become - a man who feels angrily entitled to do and have what he likes.
Contempt and entitlement do not belong on the Supreme Court of the United States. And I hope - as a woman, a mother, a survivor and an American - that even two Republican Senators will break ranks to vote no to confirming this nomination. Senators, PLEASE choose honor and human dignity over political expedience!
1
Thank you for sharing your comments. Perhaps in a future article about this "situation"you could ask a question :
Who paid the $200,000 debt, and what exactly was it from? Baseball tickets? Please explain. Was it related to a gambling problem? Another lack of behavioral control? Why was it so necessary to rush him through when GOP meeting showed his flaws( many) .
2
Tell Lindsey B. to tell her daughter to never accept a drink from someone at a party, go and leave with a buddy and stay sober. Given our society, one drink might be too much.
1
Kavanaugh’s ego is out of control. A judge of all people knows that a witness is not permitted to pose questions other than, “can you repeat the questsion,” or “can you rephrase the question.” Doing otherwise is clearly contemptuous of the proceedings.
Some of Kavanaugh’s statements about his accomplishments reek of compensatory grandiosity, which should make one wonder if he still suffers from a mental, physical, or spiritual disability that has lingered past his teenage years.
Question for Mr. Kristof:
Let's say the FBI completely exonerates Mr. Kavanaugh and uncovers evidence the Dr. Ford was taking things that happened to her and people she knew from various parts of her life and wove them into one conflated narrative that she herself believes.
Would you still be asking these questions of a man who was innocent of the allegation that induced the hearing in the first place? Or do you take Senator Booker's position that guilt or innocence matters not the American people where the confirmation of SC justices are concerned?
(For the record, I take issue with each of your questions, but that's for a different post.)
26
@Jessica Democracy and a great deal of the function of law is based on trust but even more so truth. I suspect that at your place of work and with your friends and family truth serves as a foundation of your relationships. In fact in court of law and in a committee hearing as we saw last week witnesses are required to take an oath to tell the truth. While I am not a fan of Kavanaugh I said before the hearing and even after if there was not any additional evidence to corroborate Dr. Ford's story as credible and convincing as it was then there was nothing that I saw to change the majority's vote to confirm him. But the hearing happened. Kavanaugh could have come out and expressed openly and forthwith that he drank, sometimes to the point where he indeed did forget some of what happened. Express that he does not have any recollection of any incident happening with Dr. Ford and does not believe that he had any contact with Dr. Ford. However he truly empathizes with the trauma that Dr.Ford has endured. But that is not what Brett did. The hearing happened no matter how much republicans would like for it to not have happened. Kavanaugh, was evasive, insolent and lied about things big and small. So to answer your question to Mr Kristof, even if Kavanaugh was completely exonerated for the reasons you expressed or otherwise he should not be confirmed for the supreme court.
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@Desden Name one lie.
"But the hearing happened. Kavanaugh could have come out and expressed openly and forthwith that he drank, sometimes to the point where he indeed did forget some of what happened. "
I was left with the impression that he did drink--and to excess. He didn't say otherwise. Whether he ever drank and forgot what happened is unprovable.
4
@Jessica dear jessica,the allegations from Ford almost became the least part of our objections. OK, lets fantasize, Ford is wrong. We still have the aggressive, partisan insolence of Kavanaugh (what do YOU drink, Senator Whitehouse! Have YOU ever blacked out, Senator Klobuchar?), the weird blaming Hilary and Clinton for going after him forj- what did he do?? (what exactly is he referring to - he feels guilty about something, lets look into that), and just to make it short, the simple lying under oath. If you need that list for lying under oath, I can give it to you..So in the end, Ford is just a sideline, for a perjured sitting judge, with anger at only the Democrats, butressed by weird conspiracy theories that are only comparable to Alex Infowars idiocy..(he created some fantiaxy about Hilary and child trafficing out of a pizza joint..is that where YOU are at??)So, ok lets just forget about Ford and just say this Kavanaugh is someone to be investigated for multiple counts of perjury, instead of appointed to the Supreme Court of the land.
69
Judge Kavanaugh had no problem with salacious personal sexual questions when President Clinton that was the subject. As an aide to Ken Star during those examinations, Kavanaugh seemed quite gleeful in his notes and suggestions. Once he was on the other side of such questions, Kavanaugh lost his composure and became argumentative then belligerent then accusatory. He made his bones a a partisan operative, then couldn't stand the heat when his own tactics were used on him. Sad
412
@Ken : Kavanaugh lost his composure due to accusations against him based on uncorroborated hearsay. In Clinton's case there was physical evidence; everything was out in the open, so to speak.
Ross Douthat gave away the conservatives' game earlier this week when he said that a Supreme Court that legalized abortion was an immoral court and that by comparison a few lies from a man nominated to the Court were not of significance. I am sure you disagree, but let's realize what we are up against: a Republican party that has at the same time rationalized and accepted and protected a race-baiting, woman-hating, thief of a president all the while embracing the doctrine that because it follows a higher law none of the former matters. You make a genuine appeal to rationality and morality, but to them you are naive, and just noise in the background. They will confirm Kavanaugh this weekend, and then they will begin the work of destroying the regulatory state and further reducing the right of women to gain a legal abortion and workers and immigrants to pursue justice in the workplace and in our courts. And all of this is in service of a "self-made" man whose daddy was giving him $200,000 per year while he was still in diapers. Goodnight America.
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@Barney Rubble
Well said!
Almost as brilliantly and succinct stated as Nicholas Kristof.
What a sad state of affairs we're in till Trump is gone.
We, of intelligence and compassion will prevail sooner or later. At least in November Dems will get the House back and slow the Trumpian way down a bit. Then in 2020 we'll save the country from 4 years of backward thinking and self-serving greed.
Trump has never been considered a self made anything here in NYC. We all knew his daddy supported and saved him from ruin a zillion times.
1
@Barney Rubble: I agree, but don't you mean "resume" rahter than "begin", as in "resume the work of destroying the regulatory state and further reducing the right of women to gain a legal abortion...." That destruction has been ongoing for a while.
Trump is not an aberration of Republicanism; he is its distillation. Republicans believe that might makes right and that the ends justify the means. They are not moral despite four decades of pretense. They have no love of country despite flag lapel pins ostentatiously declaring their patriotism. They disdain the very idea of the common good. At least they make no bones about that. When the final words are written about the fall of the USA, Republicans will feature first in its undoing.
As for Trump, he is making China great again. They are the ones benefiting from his time in office.
Powerful writing and the most important points to consider when deciding this appointment. The second question is especially notable, that of empathy for others. I fear that Kavanaugh has lived his life encapsulated in very high economic levels of society with little knowledge of the real world of the poor and middle class.
'
23
@Sarah
VERY powerful and succinct analysis of exactly why Kavanauagh should not be confirmed. In fact, he she be removed from his current judgeship as well.
1,000 law professors, to date, from 100 law schools around the country agree that his poor performance in last weeks hearing should be his undoing.
If he was coached by the Teflon Don and his lackeys, well, Kavanaugh does not have that Teflon coating. Yet.
1
No one on the left cared when RBG weighed in on Trump during the 2016 campaign, and no one has questioned her impartiality, even though she thought it worth considering leaving the USA, if Trump won. No one had attacked her or otherwise provoked her to comment. She happily volunteered it. So on point 3, we already have a sitting Justice who has demonstrated clearly her partisanship. There should be an investigation of RGB, no matter what happens to Kavanaugh, if in deed this about a principle, not politics.
4
@TD Did RBG make this comment about Trump as a so-called Republican, or as a vicious, demagogic, chauvinistic opportunist with a track record of contempt for civic values? There's an easy way to settle this question: Did she make such comments about any other Republican candidate?
@TD
Your initial claim is false. Many on the left lamented RGB’s comments. That aside, guess what? She’s already on the SC. Maybe the R’s should try to impeach her.
RBG’s record on the SC speaks for itself. Kavanaugh is not there yet, and the display last week at the hearing shows he shouldn’t be.
@TD
I remember being embarrassed by RBG's comments, although I agreed with her, I found them inappropriate.
I believe she did apologize for them. Of course, that apology didn't get as much press as the original comments.
I am also concerned about Mr. Kavanaugh's apparent lack of preparation for the hearing. He and his handlers could certainly predict the nature of the testimony and the likely direction of the embarrassing questions that would arise. There were no surprise questions, and still he was unable to respond without a flare of temper.
21
His "handler" was clearly DJT. He "punched back." It didn't work for anyone who saw through the charade.
@Terry Remember he said he had thrown away his prepared speech and written his statement the night before all by himself.
Kavanaugh did one thing that disqualifies him for any further consideration. He lowered himself to the level of Trump. He calculated that compromising his standards to win was the way to go. The Democrats didn't make him do that. The Clintons didn't do that. Ms Feinstein didn't do that. Ms Klobachar didn't do that. He did that all by himself. And if he can't conduct himself any better than that, how can he convince anyone he can do it as an arbiter of the Constitution? And I wonder what he will do if one of his daughters comes home and says a boy did something to her. Will he be the guy who quietly sits in court and smiles when the verdict is read? Or be the guy in the back of the court who lunges forward in a rage toward the accused when he is bought into court? And has to be removed from the courtroom. His daughter, I am sure, would say "Daddy, please stop." But, alas, it appears he can't. Vote no.
27
Question #1: what exactly are you threatening to do when you say, "What goes around, comes around."
I am genuinely afraid of what is coming...
50
Having spent 16 year teaching in high school I keep wanting to know who was the year book sponsor? The year book editor would have been a student but it would be the sponsor who is responsibel to the school and should approve the content before it goes to the printers. In my experience he sponsor would have lost her job had the school board read all the references to underage drinking. (I was teaching in 1982.)
16
Thank you for bringing this out. I immediately wondered same and have since. Why no more queries about this?
@Donna
Private schools, like the privileged classes, seem to have different rules from the rest of us.
I agree. I went to a Catholic all girls school in the 70’s & dated boys from the Catholic boy’s school. I can not imagine the priests allowing this junk to be printed in the year book. Not only would they have found it disgusting but would have feared that it would come back to haunt both the school & the students...just as it had!
Excellent observations. Unfortunately, not one that the Senators who will certainly accept Kavanaugh will be reading, and, even if they did and agreed with you, would not change their vote. We live in an incredible dark time. I wish I could live long enough to observe how history characterizes this period.
21
@Disillusioned Maybe this period will be seen as a turning point for anti-partisanship. The Senators supporting the partisan do so because they assume the changes they want will surely happen once their partisan is confirmed onto the Court. But we can work together to discourage partisanship by reducing the reward it brings. Supreme Court decisions involving a partisan justice can be SANCed. Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
6
So much debate and hand-wringing over something that was a done deal the day we first heard the rumor of Anthony Kennedy's retirement. We all know Kavanaugh is a bad choice. We all know he's unfit. We all know the vast, vast majority of Americans would gladly prefer literally anybody else in the world. But Kavanaugh is now a Supreme Court justice, end of story. It's time for us conservatives, moderates and liberals to stop whining. The extreme right has won. The American People have lost. Instead of wasting more time debating and asking questions, let's do something about it.
23
@Randy Thompson Respectfully, it does NOT have to be the end of the story. To discourage partisanship, we should make sure it is not the end of the story. The Senators supporting the partisan do so because they assume the changes they want will surely happen once their partisan is confirmed onto the Court. But we can work together to discourage partisanship by reducing the reward it brings. Supreme Court decisions involving a partisan justice can be SANCed. Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
3
@Randy Thompson, system is rigged. It was fixed from the get go. You are right.
1
There is no reason now, nor has there ever been to refer to this branch of the judiciary as “supreme.”
All the public opinion polls show Kavanaugh struck just the right tone. The advantage Democrats had in the enthusiasm gap has disappeared, and their plans to win the House of Representative is in jeopardy.
Rachel Mitchell, who questioned Dr. Ford on behalf of the GOP, did an excellent job. She didn't bully, abuse, or blame the alleged victim, and she established significant facts that revealed Ford's lack of credibility.
6
@Real D B Cooper Her questioning was fine, under difficult circumstances. But then she issued her report and blew a gaping hole in her credibility. Two big flaws: ignoring the normal approach in which conclusions come only after a serious investigation, and pretending this is only a quasi-criminal matter instead of a Supreme Court confirmation hearing. She jumped to her conclusions without any investigation - no info from the dozens of potential witnesses that have been identified in the press and ignored by her. She talked about preponderance and reasonable doubt standards, but she ignored the most relevant legal standard - the Code of Conduct for United States Judges. She revealed herself as a partisan operative, and I have zero respect now for her use of her expertise.
16
@Real D B Cooper
Did we watch the same hearing? There was a reason she disappeared...she added nothing to the proceedings. The Republicans wasted their money.
8
@Real D B Cooper
Did you mean that Ford struck the "right tone"?
Because just about everyone, except true Trumpistas think that Kavanaugh's performance was over the top, and not in a good way.
Both of them could be telling the truth, Ford clearly remembers her assault and apparently Kavanaugh liked to get trashed and remembers little of his behaviors. But his ability to tell small, easily disprovable, lies--just like Trump--should fall under the definition of perjury in normal times. We're just not in normal times any longer.
So in light of the release of Dr. Ford‘s ex-boyfriends’ letter, it is becoming increasingly clear that Judge Kavanaugh’s reputation is enjoying a well deserved recovery. As more and more facts come out, more and more every day Americans appreciate this escapade for what it was – a simple and plain political smear. Whether he has confirmed or not, Judge Kavanaugh can rest easier realizing that the vast majority of fair minded people understand that he was wrongfully accused and used as a whipping boy for the frenzy of the people on the left who cannot come to terms with the fact that their worldview is being rejected repeatedly in election after election.
The real loser, aside from the Senate Judiciary committee in this process will not be Judge Kavanaugh. It will be all of the Democrats in tight senate reelection campaigns. The polls have shifted dramatically in the last two weeks and all Senate Democrats up for reelection are either behind or leading within the margin of error. They will be the ones to pay the price for the Democrats scorched earth smear of Judge Kavanaugh.
8
@AC Rightly accused or not, Judge Kavanaugh behaved in a partisan manner. He could have expressed his understandable feelings about the accusations without ranting about revenge and making threats about what goes around comes around and stonewalling the call for an investigation to disprove the allegations. And without disrespecting Senators. No matter what did or did not happen 30+ years ago, he made it very clear that anyone whose political views don't match his own views cannot expect to be treated fairly by him. Pick another conservative, and move on.
17
@AC There are now four credible accusations of sexual assault with corroborating evidence. Kavanaugh lied repeatedly under oath about matters both big and small.
The Republicans RIGGED the process from the start. Kavanaugh's White House documents were vetted by Bill Burck, his protege and friend, a glaring conflict of interest. MOST documents have been kept secret from the Committee and public. The few that have come out raise serious questions about his honesty.
Trump blocked the FBI from interviewing key witnesses and fully investigating the charges, including perjury. If Kavanaugh was truly innocent, he would have called for an unfettered FBI investigation to clear his name.
His belligerent partisanship and dissembling are enough to disqualify him.
@AC It is not “a smear” to point out the fact that he lied—under oath—to the Senate Juciciary Committee (re boofing, Devil’s Triangle, amount of drinking, and more as related by Jamie Roche, one of his Yale roommates who witnessed him not remembering).
Will Flake, Collins, and Manchin be reading this column and the comments?
Will they all be reading "The Senate Should Not Confirm Kavanaugh Signed, 1,000+ Law Professors (and Counting)"?
Have they all studied Trump's highly personalized attack on Dr. Blasey?
If they have, then how could they possibly support Kavanaugh?
And if any one of them does, is he or she prepared to spend the rest of their lives explaining?
Only-NeverInSweden.blogspot.com
Citizen US SE
42
I bet Mitch McConnell has a nice bottle of bourbon tucked away in his desk ready for a victory toast the minute Brett Kavanaugh is confirmed to the Supreme Court. McConnell's job is complete--there will be a 5-4 conservative advantage on the Supreme Court for at least another 30 years. All the protests and complaints isn't going to change that.
That's what I call mission accomplished.
8
@sharon5101 Not so fast. It's NOT mission accomplished if every decision from a partisan Justice Kavanaugh is SANCed. Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Senator McConnell may come to learn that the Supreme Court seat is less shiny than he thought. He has sullied the prize, if he wins it, by how he wins it. Such partisans will find their efforts fruitless - having achieved the title but not the expected results, with constant (legal) pushback.
2
@sharon5101
It's time for a 12 year term for Supreme Court justices. A constitutional amendment should do it.
1
@sharon5101 - Maybe one of the other conservative justices will retire or pass on when there is a more reasonable president. It may not last 30 years....One can always hope
What do we make of his rage and partisanship? Nothing more than the reality that Kavanaugh will not rule objectively on any case argued before him....and that is exactly why he was nominated, and why the Republicans will jam him onto the Court.
44
The sad fact is that Kavanaugh will likely win appointment because the vote for him will be less about voting one's conscience and more about maintaining fealty toward a group that doesn't seem to place much value on having a conscience.
42
Kavanaugh's nomination will be rammed through after the perfunctory FBI whitewash. It says much about the contemporary US that nothing can be done to slow the accelerating polarisation and decline of the country. Whatever the results of the election next month one can only look on all this with dismay.
24
Kavanaugh was channeling both Clarence Thomas and Donald Trump in language and manner. When they vote the Republican Senators will show the world just how many of them have sold their souls to the richest one percent and to corporate America. Perhaps it would be better to think of them as having been bought since our system thanks to Citizens United is a wholly owned entity and is no longer responsive to the voters but to the buyers.
47
I’m not going to defend the richest 1% as a whole or their entrenched privilege - but I know some of them and surprisingly many of those have a conscience. Just saying. Not every well off is a greedy Koch without charity, grace, conscience and responsibility.
1
True, but the ones exercising political power have no conscience or guiding principles other than rapacious greed, neoliberalism, and White Privilege.
@citizentm
True. But regardless, we need to get all the money out of politics.
Since some people seem to view you as a non-partisan truth teller, two simple question for you Mr. Kristof: Who was the last Republican nominee for the Supreme Court you supported? And of the finalists for this vacancy (since you don’t support Kavanagh) which one of them would you have supported?
2
Merrick Garland.
1
The "questions" are rhetorical only, but Mr. Kristof's points are valid.
Kavanaugh helped get Clinton impeached for lying under oath.
Maybe he believes that he should be allowed to get away with it, because there is less incriminating evidence?
Furthermore, even supposing everything Kavanaugh said to Senate was "the truth, the whole truth and nothing but the truth," his rude, disrespectful and highly evasive statements were not those of a calm, impartial judge and selfless public servant.
6
If Kavanaugh is confirmed, then I predict widespread civil disobedience and disruption. The majority of Americans have had enough of the corrupt Republican Party. We are moving into civil war territory and rightly so.
14
@Dissatisfied A confirmation the Left rules by fear and disruption.
2
@greatnfithats not correct. There comes a time to stand up for morality. The republicans have deteriorated into a party of immoral behavior that hurts other people all in the service of greed for money and power.
@Dissatisfied How many Republicans do you know, since you’re so sure of their immoral behavior?
As long as the Times writes such complex articles about what are simple matters of right and wrong, they will fail to persuade Right Wing True Believers why Kavanaugh is unqualified to sit on the Supreme Court.
The 650 (and counting) law professors who signed a statement today opposing Kavanaugh's appointment made their points much more effectively.
Until the Times puts its long article on The Trump's conning of the IRS over a 50 years period, and the conning on New York State auditors, none of Trump's supporters will even understand (and probably the IRS won't even read) how/why/when the Trumps repeatedly dodged hundreds of millions of dollars of taxes.
5
What did you mean by your final paragraph? You left out words.
"Until the Times puts..."
It published it, it provided summaries of it, and it followed up with subsequent analysis.
What more are you looking for?
This was hardly a complex column! Not sure what you're looking for.
Until there is a real investigation of Kavanaugh, which there will be if the Democrats win back the House, with all the witnesses and people being interviewed, all the facts and corroborating evidence coming out, the surreal ideological divide will continue and much of the misogynist, blind rightwing support for Kavanaugh will continue.
However, even in recent weeks, the Republicans have lost ground. More of Trump's diehard supporters and the Republican chattering class will come around when they are finally forced to hear from multiple women, Kavanaugh's friends and roommates who dispute his accounts, and the others who can confirm what happened, not only in high school, but also at Yale and Yale Law School.
When the full record of his perjury comes out, an even greater, overwhelming majority of Americans will support removing him from the courts.
@San Francisco Voter On Oct 2 the NYT printed "11 Takeaways from the Times' Investigation of Trump's Wealth", by Russ Buettner, Susanne Craig and David Barstow. The headings of the 11 major findings, as provided by the authors, comprise a good synopsis of the issues.
Just like Trump does when he has been thwarted, Kavanaugh threw a temper tantrum at the hearings. This does not speak to maturity, and certainly not the maturity required to be a judge, - most especially of a judge who will be a Supreme Court Justice. His behavior was intolerable, and not becoming of a man who wants to sit on the highest court in this land. He was a man who acted as though he believed he was entitled to a position on the Supreme Court, and how dare anyone stand in his way of what was rightfully his.
I would have the man watch a video of the theatrical performance he gave at the hearing, with all the Senators looking on, and ask him under oath, if he really thought such a ill-tempered, rude, partisan person belonged on the Supreme Court - all excuses aside of being under siege from the Clintons, Democrats, and Dr. Ford.
9
Lying appears to be the modus operandi of entitled conservatives like Kavanaugh. They know they can't live up to the image they project of being upright model citizens, so telling lies becomes a handy tool in their kit. It fixes a lot of the mess created by their vulgar and even illegal behavior. Kavanaugh not only lied about the meaning of vulgar terms in his yearbook, he lied that the drinking age was 18 throughout his high school years when, in fact, it was 21. He also blatantly lied when he said he got into Yale without any connections. His grandfather was an alumnus, making him a 'legacy" applicant. Ivy League schools reserve a certain number of spaces for these prized 'legacies" and in the 1980s, when privilige carried even greater clout, it was probably a substantial number of spots. He seems to believe it is his right to judge others; and his right to insist others not judge him. He's worked so hard air-brushing his image, after all.
14
The multitude of opinion columns re Judge Kavanaugh, or for that matter President Trump, will not pierce deaf ears or closed minds. There is only one opinion that will count and it will be rendered collectively on Nov.6. Vote!
5
One of your finest posts. Concise, reasoned, thoughtful. Thank you.
5
There still may be hope even if (when?) the Republicans ram through this nomination to confirmation, as is their typical way of doing all the hideous things they've already done. In November, we may well vote in a majority of non-Republicans who want nothing to do with Trump's and the Republicans' recent agenda and have a humane one of their own. If these newly elected politicians have enough spine (ironically borrowed from the Republicans), they'd have enough to go on from Kristof's first question alone to impeach Kavanaugh for perjury. But as Kipling put it, "If."
9
@akhenaten2 Impeachment is an option, but a high bar to reach. Here's another option. Make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
I tried to be empathetic toward Judge Kavanaugh at the very beginning of his introductory statement -- thinking that anger would be a natural emotion if he had been unjustly accused of disgusting behavior. But as I watched just a bit more, I perceived a sneering, combative, entitled, disrespectful, spoiled man (who really likes beer) I saw a man who was willing to engage in conspiracy theories and hyper-partisanship to protect what he seemed to feel was his right. Surely we are near rock-bottom in partisanship in both major parties, but in addition to my concerns about Brett Kavanaugh's temperament, I cannot imagine letting him weigh in on, say, gerrymandering cases if they come before the Court again. If he's appointed, Americans who are paying attention will lose a lot of faith in the Supreme Court. PS I hope these hearings and their coverage begins to a Me-Too-like awareness of the societal costs of excessive alcohol use.
8
When Donald Trump came out earlier this week against lying to Congress, it came as a surprise. And that's chilling.
Mr. Trump is in the process of breaking the presidency, and if the Senate lets him wreck the judiciary too, he will have destroyed Congress as well.
10
Well said. The debate about Kavanaugh has rightly focused on Dr. Fords allegations over the past week. We should not forget however the other important reasons why Kavanaugh should be disqualified. This is not JUST about what Kavanaugh did or didn't do 30 years ago. It's also about his partisanship, his misdeeds in handling stolen Democratic documents, his lying and obfuscation about all of it, and his absolutely atrocious behavior throughout the confirmation process. If the republicans go through with appointing him, that will be the second blow they deliver to the credibility of the court. Americans should not in any way respect the legitimacy of a court without a Justice Garland and with a Justice Kavanaugh!
20
What amazed me the most, watching Judge Kavanaugh on Thursday, was a point which Mr. Kristof made in this column: Judge Kavanaugh's incredible sense of entitlement. Kavanaugh's sense of entitlement extended to his acceptance at Yale. Kavanaugh denied any family connection to Yale despite his grandfather attending Yale. It is a minor, but telling lie. How can anyone who is as busy yelling "Me, me, me, mine, mine, mine" be an impartial, empathic arbiter, especially one who believes the Clintons' are out to get him?
16
As usual excellent insight by Kristof. I have one question for Mitch McConnell: How can you stand on the senate floor and rail at your "friends" across the aisle for stalling and deceiving when you hijacked the nomination of I Merrick Garland for 10 months? The obvious answer is there is a double standard. Republicans have carte blanche to make a mockery out of legitimate nominees while Democrats are kicked to the curb in their quest for truth and justice.
14
When I saw people in the rally laughing as Trump made fun of Ford, I felt deep sadness for this country. How did we get here? Spineless politicians do what their voters want. It seems ridiculously reasonable to believe that Republicans will reinstate slavery if their voters demand it. At this point, I am hoping that Collins, Murkowski and Flake will be the conscientious objectors of Kavanaugh's nomination to the Supreme Court. Who will ever know what happened more than 30 years ago? But we all watched what happened last Thursday. Kavanaugh is not suited to be a judge. If he does get confirmed, he will have been radicalized by the process. I wouldn't be surprised if he kept a list of all the lawyers who signed that petition. How could anyone believe he would be impartial? I am not as optimistic as others about blue wave coming in the midterm election. More than ever before, I sense far great anger and resentment in this country and their belief that only Trump listens to them. Blinded by anger, no one cares about truth or mere reality.
40
It’s hard to see this, I wonder how anyone could cope with it all.
650 law professors write a letter calling for him to withdraw, countless media pundits and democratic law makers do the same. How can we compare it to anything— nothing comes close to it ( no, not even Thomas). What we have is our own self righteousness: a judge must be more, well.....judge-like? Yes, in some parts of his testimony he could have done a lot better. But how would the other SC justices have performed? Or any judge?
A dirty political game and two PEOPLE trapped: one outed against her wishes, the other mercilessly questioned on behavior as a youth. A no win situation. How would our scions of law perform?
The answer is we just don’t know— you can think you know, but you really don’t.
1
@Penn
1. Prof. Blasey Ford was not outed by the Democrats.
2. Prof. Blasey Ford agreed to testify in this session out of her sense of civic duty. She provided a written statement and a corroborating polygraph test well before the session. A woman of her intelligence and position would not be coerced into this situation.
Her raw and unabashed patriotism were heartening to witness at this tumultuous time in your country's political sphere.
1
President Obama's intended nominee for the Supreme Court had impeccable credentials, but Mitch McConnell sat on it. I am a woman, a poli. sci. major, and I ALWAYS vote!
23
Judge, you blew your job interview. Has happened to most of us more than once. We lose in life more than we win and we learn from it. Grow up and be thankful that you made the interview. Build upon it with the view of making yourself a better citizen in the service of your country.
You will forever be respected if you were to withdraw.
14
Well, "forever respected" is a bit too much. If he withdraws and resigns from the Circuit Court and apologizes to Professor Blasey Ford, Ms, Ramirez's, and Ms. Swetnick, then, just maybe, he will gain a bit of respect.
@Steve Carlton I stand corrected.
@Johno Or condemned because only a guilty person would withdraw,
What bothers me the most about Judge Kavanaugh is his obvious set double standards and apparent lack of empathy. For someone that spent time in the late 1990s making a case for the impeachment of then President Clinton based on his suspected perjury, Kavanaugh’s bitter and condescending explanation of sentences in his yearbook that contradicted prevalent slang at the time belies comprehension. His anger at having to rehash his high school yearbook may be valid, but that doesn’t give him permission to lie under oath.
Judge Kavanaugh left me with the impression that he truly believes that there is a set of standards for people like him that differ from everyone else. High school may be a time for pushing boundaries and experimentation, but I don’t see the leeway given to upper class white boys being extended to women, the economically disadvantaged, or people of color.
10
Kavanaugh was clearly lying when he testified before the Senate Judiciary.He looked in of face of America and lied about his drinking, the "Bart" reference, and more than likely about the accusations leveled against him by multiple women.
Further, his treatment of Senator Klobuchar, his clear partisanship, and his hyperbolic testimony illuminate his lack of character and judicial temperament. He doesn't have the moral rectitude to sit on the Supreme Court.
8
You should add the question of why he refused to get more people to screen his speech before taking the stage?
5
As pointed by many of your readers, the qualities we expect in women nominees are wholly different from what we expect in male nominees. If a woman nominee were to behave in a blatantly partisan manner similar to Judge Kavanaugh, her chances of being approved would be nil. Although I also question Democratic senators motives, I do not believe that Judge Kavanaugh is entitled to conspiracy diatribes and lies to soothe feelings of being unjustifiably accused. Membership on the Supreme Court should be seen as a service vocation to seek truth and justice on behalf of the entire people of the United States not as an award or an entitlement for the party in power.
7
What I have come to realize is that Kavanaugh is the archetype for the modern Republican white male (no, it's not Trump).
Someone with a thin veneer of polish and prestige covering a seething, partisan, privileged individual.
Someone who relies on knowing the right people to get ahead.
Someone who gives lip service to woman's rights but secretly doesn't respect them and wants the upper hand.
Someone who thinks he's entitled and hangs out with other entitled folks.
Someone who believes the end justifies the means, including lying, bullying, getting angry, and bending the rules.
Someone who will defend his privilege, his status, and his benefactors at any cost.
Someone who will get the position he wants by doing all the above.
15
St. Peter falsely denied knowing Jesus Christ three times when asked. But Christ chose him to build his new faith.
Unlike other members of our divided limited power constitutional republic of united states there are no minimum age nor citizenship nor residency requirements for members of the judicial branch.
Nor do your three questions have any basis in the Constitution of the United States. Nor are Senators looking for answers to your three questions in providing their advice and consent.
The fact that the Supreme Court of the United States nomination process is so political and the partisan political bias of the nominess so predictable makes Kavanaugh more honest and open than most nominees.
1
It may make him more brazen about his partisanship, but that doesn't mean he should be confirmed.
He has lied under oath far more than other nominee, and is the only one ever credible accused of committing sexual assault.
He is a political hack, a Republican partisan hack, who shouldn't be on any court, let alone the Supreme Court.
1
I can never quite understand how someone like Judge Kavanaugh gets to where he is, a nominee for the highest court in the land, with his temperament. Why wasn't this serious behavioral fault caught earlier. Maybe there was nothing before this time that impeded his career, but if so, that too is a serious problem.
Kavanaugh's child like behavior during the hearing is scary, he acts like Trump in some ways, clearly vindictive, anger based, and spoiled.
Hope those few Republicans vote him down, but I don't hold out much hope.
52
@Chris Bowling
I too wondered if Judge Kavanaugh was stone sober for his entire testimony. His language, facial expressions, and his overall demeanor seemed to change for the worse after the break.
I am also deeply concerned by what sounded to me to be a threat: "What goes around comes around." Give his conspiracy fantasies about why people oppose his being elevated to the Supreme Court, I interpret that comment to mean he'll make his future decisions based in part on the political views and connections of the parties involved.
I foresee a judge who may well face impeachment efforts if his nomination to the SCOTUS confirmed by the senate and his rulings bear even the slightest taint of partisanship. This is a future no one deserves, not the justices, not the two parties involved in the suit, and especially not the people of the United States.
4
@mamadillo I agree impeachment efforts may be part of a future faced by a Justice Kavanaugh. But impeachment is not the only option. We must work to reduce the benefits of partisanship in judicial appointments in every legal way we can. How about this: make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
@Chris Bowling
I have mentioned this before, especially to some of the Members of Congress in emails and calls.
I suspect the drinking was the night before as his behavior was very much like alcoholics I have known who turn mean as the alcohol leaves their bodies, which can take 24 hours or more. He also seemed deeply concerned about the questioning of his friend, Mark Judge, who he hadn't seen for years. He expressed fear that too much stress would trigger a relapse. I wondered at the time if this was a self-referral.
Brett Kavanaugh looked and sounded like a man running for Congress, not a Justice of the Supreme Court. If this was a job interview, he was applying for the wrong job.
8
This entire process - from when McConnell refused to even have a hearing for Merrick Garland in a naked show of contempt and partisanship - to when he decided to withhold 90% of the relevant documents for Kavanaugh, to essentially freezing out the Democrats from the process, to the decision to push Kavanaugh forward regardless of anything - has been beyond a "sham", it's a travesty, and flies in the face of democracy!
There are no more questions worth asking of Kavanaugh - he wouldn't answer truthfully anyway. We know more than enough to know that he's unfit to serve, not only on the SCOTUS, but to retain his current judgeship. And we already know that regardless of any answers, were they given, NOTHING will cause McConnell or Trump to pull his name back. The only hope America has is that the three Republicans who might vote no - Flake, Murkowski, and Collins - decide that honor is a higher priority than party loyalty.
The bigger issue of course is that America has fallen so far that this nightmare is even possible, and our democracy is at peril.
27
@Kingfish52 So let us give the McConnells of the world less incentive. Change their incentives by changing the results, and eventually their behavior will change. We must work to reduce the benefits of partisanship in judicial appointments in every legal way we can. To help do this, make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
Mr. Kristof, alas, those who should understand your argument have dismissed it already. The GOP has sold its soul to Trump with Lindsey Graham the most recent and stark example.
McConnell, a true empty vessel of human being, will not let anything get in the way securing the seat for Kavanaugh. The three undecideds will cave, I fear.
I hope I’m wrong but the font of depravity within the GOP is now perpetual.
47
@TDC It does not need to be perpetual. Change the incentives by changing the results, and eventually the behavior will change. We must work to reduce the benefits of partisanship in judicial appointments in every legal way we can. To help do this, make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
1
The Dems have been out-Machiavelli'd by the GOP. Kavanaugh will be confirmed, and some red state senators will suffer in the bargain.
2
I have another question.
Has a public apology been made to Renate?
Anyone who has been a teenager knows the all-talk-no-action routine. It wouldn't surprise me if the young Renate refused the advances of one or more of those immature, entitled boys and they retaliated by taking jabs at her reputation.
We'll never know.
But for once, Kavanaugh could act like a real man.
6
Mitch McConnell is free to push through this nomination without regard for what a House Democratic majority is likely to do next year to assess the credibility of the FBI’s less-than-one-week long supplemental background investigation of Kavanaugh ... or for the investigative journalism a newspaper like the Times may do (think its exhaustive look at Fred & Donald Trump’s financial duplicity) to uncover what the FBI couldn’t — or wasn’t allowed to.
The result won’t be good for our political institutions ... or for any of us, no matter what our political leanings.
7
Randomness:
The FBI, controlled at all times pertinent to his two nominations by Republicans, never conducted thorough background checks on Kavanaugh. It went through whitewash motions of "investigation," NEVER contacting his Yale freshman roommate. (Interestingly, Robert Mueller was DFBI during the three-year duration of his first nomination, to the DC Appeals Court, which was delayed and contested vigourously, and concluded in his being confirmed only through a tawdry multi-appointment deal between the R's and D's.) THIS is the behind-the-scenes power, an aspect of the deep state at work, sluffing off on the checks and balances established by "our" Constitution.
One significant lie not cited here: Orrin Hatch asked Kavanaugh when he'd first heard of the Ramirez allegations. Under oath, Kavanaugh replied, "In the period since then... The New Yorker story." But he'd spent weeks before that texting Yale acquaintances doing damage control and seeking refutation of those allegations. This is a Supreme Court Justice, engaging in what is tantamount to obstruction of justice?
George W Bush, who first benefited from Kavanaugh's partisan work on the Starr investigation, then rewarded him with White House gigs and the first court nomination, and recently re-endorsed him after the Ford allegations, was president of the same DKE fraternity at Yale that Kavanaugh belonged to, the most misogynistic frat at Yale. Boys will be boys, right, Junior?
10
A person of integrity would have taken the high road and refused to adopt Trumpism as a strategy in last week’s hearing. In doing so Kavanaugh revealed his true colors as a partisan operative. I feel sorry for litigants who may have to appear before him, knowing of his elitist, radical conservative bent. Personally I would feel helpless knowing that there would be no higher court for appeal.
5
The Democrats loved the Earl Warren Court. Partisan, political? Warren was the former Republican governor of California, with NO judicial experience whatsoever. Now, honey, that's partisan!! Kavanaugh doesn't even scratch the surface. And, further, he was not reacting to a judicial matter, but rather indeed to a smear orchestrated by Democrats. Why shouldn't he act like a human being defending himself and his family ? There is nothing involved here testing "judicial temperament." That is all bogus. And, further, the ABA still endorses him. So there's that . .
4
@Garett Parks
A previous wrong makes a present wrong OK?
Further, temperament is a fundamental characteristic for a judge.
PS 600+ law professors do not support K's appointment. And, before slagging off professors, remember that K is one.
There's a difference between defending yourself and engaging in a brazen, unhinged, partisan fury. He was belligerent, rude, disrespectful, and launched rightwing broadsides against the Democrats, the Clintons, and the process. That's what is disqualifying.
If he were innocent, he would have combined a strong, coherent defense with a call for a full, UNFETTERED FBI investigation to clear his name. Instead, he lied, equivocated, dissembled, and attacked. None of that displays judicial temperament, and none of it comports with being a judge or even forthrightly defending oneself.
His outbursts cannot be justified even if he really thinks he was being smeared.
But you know full well, as he does, and as do Trump and McConnell, that he has committed illegal acts (even his drinking was illegal), has vandalized, lied under oath, and committed sexual assault. That is why they opposed and, then, greatly restricted and undermined a real FBI investigation of the multitude of allegations.
The truth will win out and, if confirmed, he will be removed from the Court. Just hope that you will come back here and admit how wrong you were!
@Garett Parks a smear orchestrated by Democrats? Is that how you characterize Dr. Blasey Ford's testimony?
As always, extremely well reasoned.
Thank you Mr. Kristof for your insightful writing on this pivotal moment in our nation's history.
Prior to the hearing last Thursday, I imagined a Judge Kavanaugh who might have been wrongfully identified. The news media made salad of accounts of Dr. Blasey Ford's memory. The news media erroneously reported that she wasn't sure about the identity of her attacker in 1983. But in fact Dr. Ford has a crystal clear memory of who attacked her as a teen.
Prior to that hearing, I thought, maybe this event will make Judge Kavanaugh keen to understand the vast volume of the wrongly accused. For example the people who have been falsely arrested. The record of arrest is permanent FBI record. It is impossible to void unless the wrongfully accused former arrestee can obtain a police report. Without that police report of the arrest, no court can move to destroy that record.
Thousands of people, mostly of modest means, mostly of color, and mostly male, in each county in America, have such records which damage THEM for life.
After the hearing last Thursday, I thought, this man will never think twice about a victim. He never extended one single ounce of compassion for the victim. He never acknowledged that if his former buddy in wrong doing during his youth, knew Dr. Ford, then it is logical she would have known Kavanaugh.
I want Justices who know the street, street level living, in America, not some preppy who is going to be a puppet for the criminal Republicans.
15
Like Trump, Brett Kavanaugh already knows everything he needs to know about people, the proper ways to interact with them, how society should be run to best benefit him and his friends.
He has his professional degree; he doesn’t need to learn any more. That’s how it is when you take full power.
On the matter of lying about HS yearbook entries made 35 years ago, if words and phrases taken to mean something today really did have different meanings then, Judge Kavanaugh or his champions should provide evidence of that, which should be obtainable from others. Otherwise, he should just admit that he was a loud-mouthed, foul and foolish 18-year-old (but not a sexual assault perpetrator). He’s 53, and has built a distinguished adult life over the intervening years; and in that event he should apologize for answering as he did, motivated by embarrassment at that adolescent, foul foolishness. As to his “lying” about the emails, prove it – lying to a Senate committee under oath is perjury, but there should be a penalty for making a politically motivated charge that has grave implications without being able to prove it – an accuser’s OWN credibility should be fair game for reassessment. If you can’t prove it, stop leveling the charge simply because you believe that it will turn minds against Kavanaugh’s confirmation.
As to his testimony last week, Kavanaugh should go before a national audience (and NOT on Fox) BEFORE he’s confirmed, not after, and publicly apologize. He certainly was justified at being outraged over the sucker-punch that Dianne Feinstein orchestrated by sitting on Blasey Ford’s letter for months without even sharing it with Grassley, the committee chairman. Unlike Blasey Ford, who had months to prepare herself and her family emotionally and …
1
2.
… logistically to deal with the press and public onslaught, including death threats, the Kavanaugh family basically woke up one morning to it – and what they have had to endure, with no such preparation, also included death threats. Seething anger at this political attack on him and his family is understandable, but he should have been more temperate in his response to the outrage. He should use that opportunity to distance himself from Trump’s parody of Blasey Ford, state unequivocally that he did not assault her 36 years ago, but express a heartfelt respect for the trials of ALL survivors of sexual assault.
As to his respect for people less “blessed” than himself, I feel that an attempt is being made to drown me in Kumbaya, and that Kristof assumes the attempted drowning as both his right and as self-evident truth, revealed by a secular god holding forth from an ideologically-pure burning bush. Kavanaugh has an obligation to treat all people as equal before the law. He should re-assert his dedication to that principle and ignore Kristof’s Kumbaya assumptions.
As to his “partisanship”, I’ll stop laughing when Kristof acknowledges that Ruth Bader Ginsburg has been as “partisan” as anyone sitting on that court since its creation – including a public rant against Trump for which she was forced to issue a walk-back and apology because it was SO inappropriate for a sitting U.S. Supreme Court associate justice. These people had and have lives and convictions, and a …
3.
… majority of senators believe Kavanaugh’s are just fine. If Kristof is so offended by Kavanaugh’s and wants a practical voice in imposing his own convictions, then he should either run for the U.S. Senate or change his name to Dianne Feinstein.
And now, the real meat, which Kristof did NOT examine. The intense, vitriolic and damaging division that this orchestrated public spectacle has sparked was predictable among the politicos, since Feinstein so clearly is willing to go to any lengths to torpedo this confirmation, regardless of the lasting damage it does to our people and nation. But among the people themselves, it really hinges mostly on a fundamental disagreement that is unresolved: to what extent MUST the claims of victims of sexual assault be believed in all particulars, even when claims are lodged decades after the fact and when memories are partial and no physical evidence exists, yet a man’s reputation and the basis for conducting the remainder of his life is in the balance. One side clearly believes that trust in such flawed testimony must be absolute, while the other does not. More than anything dealing specifically with Kavanaugh and his confirmation, we MUST muddle through to a standard that most people can accept as fair and just.
@Richard Leutgen - my, you do like to hear yourself talk.
Mr. Kristof,
Do you think Judges never drink, never get drunk,
never cheat on their spouses, don't have political opinions
that get played out in their legal rulings ?
If Judges were above politics then we would not have
all these split and reversed opinions. We would not
have Legal Commentators telling us how the Justices
and Judges on the Federal Courts are going to rule.
For the vast majority of Justices would follow the Constitution
and the rule of Law, but they do not.
No mention of fidelity to the Constitution, which
Justice William O. Douglas admitted he ignored in
helping to create the "Right to Privacy", not to mention
the complete ignoring of the 10th Amendment in the
Sociological explanation as to why Same Gender Marriages
must become the Law of the Land.
I do not think Kavanaugh will be on the Supreme Court.
Then the question become who Trump will nominate next
and whether scandalous stories about that nominee past will
fill the air, and whether that person can be approved before the Senate goes Democratic, if and when it does.
The Supreme Court's worst mistakes are the mistakes
of the Constitution. Dred Scott made it clear as day that
4 million slaves/ex-slaves had no constitutional rights and that
the Constitution was a brutal and un-apologetic document when
it came to slavery.
The changes you want should be Constitutional changes
not changes brought on by a majority of the Supreme Court.
4
The obvious fact that Kavanaugh is, and always has been, more political operative than judge, by far, is precisely why the Republicans will find some way to confirm him, or someone cut from the same cloth, and only such a person. The only remaining question is whether there are even a few Republican senators who still care more for the integrity of the Supreme Court than for their so-called conservative ideology. We are on the knife edge of tumbling from an imperfect democracy to a perfect kakistocracy. Putin's dream is coming true.
23
When Senators Flake, Collins, and Murkowski make some excuse to vote for Kavanaugh, as I believe they will (despite my daily emails to Flake focusing on Kavanaugh's shortcomings), how will they counter the points made in this column? I have to assume they will hide in their offices and only accept interviews on FOX.
28
The real harm here is to the credibility of the Supreme Court. I've no doubt that the Republicans will find a way to "plow through" approving the appointment. But the stain will linger, and a growing percentage of the citizenry will lose regard for the integrity of the SCOTUS. Because of decisions made possible by the ultra-conservative members of the court, the common perception already is that the court protects the interests of the wealthy, and the devil take the interests of the common man (or, God help her, woman).
This is another casualty of the GOP's slash-and-burn philosophy of "governance." What kind of country do we have when there is no respect for law? But hey, at least the uber-wealthy and corporations got their tax breaks.
Vote straight Dem in November as if your life depends on it---because in many ways, it does.
62
First Clarence Thomas and now Brett Kavanaugh. This is not a just country we live in. If this man gets seated on the Supreme Court I for one no longer believe in the country I was born in. It’s now being run by powerful self-interested politicians , billionaires and lobbyists. “We” are no longer the people.
4
@cfluder Yes, vote! Vote in every election you can legally vote in. Another thing we can do is focus the energy that drives the loss of regard for SCOTUS in a way that ultimately makes our society better -- use that energy to reduce the benefits of partisanship. Make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
As many have noted, even if Kavanaugh is confirmed, this ain't done.
And this is where Mitch McConnell has miscalculated.
63
@Larry yes it ain't done. even if he "gets the job" there will be a fog over him and will be closely watched forever. maybe even "sacked" if more info is discovered.
21
@Larry I agree. People can and will vote against their Senators who supported the confirmation of a partisan to our highest Court. There may be impeachment proceedings. And we can reduce the rewards of partisanship in other legal ways. To help do this, we can make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
@Neecie O'Leary It doesn't work that way. If Judge Kavanaugh is confirmed, his vote on the court will count the same as Justice Thomas's, despite the fog over him, and Justice Ginsberg's, despite the halo over her.
Yes, he repeatedly lied under oath (and not just in this latest hearing)
And 1,000 law professors agree his temperament is wholly unsuited to the Supreme Court.
But will even one Republican senator be persuaded by this to vote No?
He should be voted down 99-0, if there were any decency in the Senate.
105
@Jeffrey Herrmann I’m betting it will end up being many more Law Professors than just this initial 1000.
@GroveLawOffice
Who cares about Law Professors? What on earth do they know about the facts of this situation?
It could be every law school professor in the country and it wouldnt matter.
The law school professor letter is a political stunt, nothing more.
See Duke Group of 88 Professors.......
No good addressing to Judge Kavanaugh. He seems to have ears, but lacks a heart, especially the part of which, the most important, is conscience.
92
When I explained what all the fuss on the news was about, my 10 year old (5th grader) son asked, "So why can't they just find someone else?"
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Dallas - my son asked that too!
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@Dallas A: thats right. let there be someone else. unless of course, your 5 year old son has more morality, and character than all of trump land .
@Dallas A
Even a 5th grader understands someone else would have less baggage
This has traits of being a rerun of Rehnquist-Scalia, where a bare knuckle fight over Rehnquist's elevation to Chief eased the path for Scalia to skate through almost unhindered.
Whoever Trump would nominate instead of Cavanaugh will still be from the Federalist Society list , and therefore is very likely to hold many of the same views on the important issues as Judge Kavanaugh. Except if they happens they will skate through to sit on the bench for the next 30 or so years.
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@Peter J. If Democrats win enough seats in November, maybe they will then have the power that repubs have now. If that is so, Dems will be able to deny hearings and votes for any Trump nominee for any court in the country for the rest of Trump's term. That would be richly-deserved "justice" paid back to McConnell, et al.
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@Peter J. I hear the same thing about why we should go along with Trump. There are ten guys worse than him lined up to take his place, starting with Pence. I get the defeatist thinking. But it's unhelpful. We need to deal with the menace before us
@Peter J. Absolutely not true. The distain for the law and constitution is as evident as Judge Moore's term in office. His own conservative judges rebuked his rulings and Kavanaugh was so outraged he wrote a scathing denunciation of them. He goes by no rule of law as witnessed by the 17 year old illegal pregnant woman. he decided which law is considered precedent and which can be overturned. A pompous belligerent judge as he was in high school. Do we really change after a certain age? He was taught privilege above decency and the law.
Well stated.
The more I reflect on Kavanaugh’s testimony, the more suspicious I am. Kavanaugh has years on the bench and knows what is expected of Justices and of testimony. He shed tears talking about his father keeping calendars, though his father is alive and well and was even at the hearing. He went from morose and tearful to angry, paranoid and victimized to hostile towards dems. Combined with the arbitrary 5 minute limit, his meandering, evasive responses limited the number of questions and Democrat’s opportunities to speak. He clearly exhibited no interest in convincing anyone still trying to ferret out the truth of his innocence. This has all the makings of a calculated performance playing to the Trump base. I think he succeeded in his goal. The sole opportunity he omitted was somehow tying Obama into his ‘persecution’.
Conservatives, wanting Kavanaugh confirmed, insist we need a high level of confidence in the allegations to reject him, and even then actions at age 17 are not necessarily disqualifying. I’d disagree with the latter point, though it’s honest and worthy of discussion. Regarding confidence, I’d argue we need a high degree of confidence in his innocence to confirm.
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@Charles Carter, I'd be a lot more inclined to not hold youthful indiscretions against him if he showed the slightest remorse. He doesn't.
Or if he showed that he isn't still that seventeen-year-old alcoholic.
He doesn't.
From what I know of recovery, the individual is frozen in time to when they became an addict if they don't get some kind of treatment, whether it's AA or therapy. He's had none.
We don't need a seventeen-year-old Supreme Court judge.
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@Charles Carter What! Kavanaugh's father is alive? I thought for sure he was tearing up over a memory of dear old Dad!
Unbelievable!
Let’s face it, the republican senate will confirm Kavanaugh. They don’t care about anything but pushing the court to the right. It’s plain and simple.
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@Alex
I feel very much the same way. I fear just the existence of the FBI investigation, no matter how ridiculous the time constraint of one week to carry out a thorough investigation is, will be enough to assuage the political consciences of Flake et al and give the cretin a seat on the highest court of this country.
Don’t be so sure. It’s not over till the fat lady...
Throughout, the Republicans have focused on process — the Democrats are unfair, have delayed, etc.— because they do not want to address the content of the allegations. And they do not want Kavanaugh to be questioned by the FBI because the know he will lie to them or, at minimum, fail to answer their questions.
My question for Kavanaugh then, based on process alone, is this: should anyone who lies to the Senate judiciary committee be allowed to sit on the Supreme Court? What would you do with someone who does?
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Here is the real issue. Kavanaugh has been a political operative for most of his career beginning with his clerkship with Ken Starr, participation in the Clinton investigations, and his advocacy in the Bush v. Gore fight. His appointment to the Bush White House made him instrumental in the policy of torture in Iraq.
Kavanaugh became a District Court Judge at a relatively young age and then an Appeals Court Judge. He has been part of high level decisions and policy in some of the most controversial periods in recent American history but he lacks the experience of most lawyers in evaluating and trying cases and dealing with clients whose agendas are not political.
It’s not surprising that Kavanaugh presented last week as a political operative because that is what he is and that is why he was nominated.
His nomination should be withdrawn.
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"Where the Supreme Court has made its worst mistakes, the problems have arisen often not from a lack of intelligence but from a failure of empathy."
Well, put Nicholas. I don't think that Brett Kavanaugh understands what empathy means. As a kid, we can see from the letters and writings, he was a mean, arrogant kid, superior to the max and someone who reveled in his place of privilege.
So yes sneering at the senators who are going to confirm you, or not, is awful. And lying under oath--even little ones--is still lying and makes one untrustworthy as Senator Blumenthal made clear.
But the biggest deficit in Kavanaugh in any court is a lack of empathy. I'd sure be unhappy to have my case argued before me, because I sense he'd be prejudiced, because of his barely hidden misogyny.
And if he can't treat everyone equally under the law, he has no business interpreting that law.
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@ChristineMcM
No empathy? Just like the guy who nominated him.
@ChristineMcM, that's what I've been saying recently.
Due to his total lack of judicial temperament, I pity any woman or "liberal" that comes before whatever court he's squirreled his way onto.
The fact that the alleged assault by Brett Kavanaugh and Mark Judge happened 36 years ago doesn't mean that it no longer matters. Judge Kavanaugh can state that it didn't happen, and Mr. Judge can say he doesn't remember any such incident. Unfortunately, another person is involved, namely Christine Blasey Ford. She has not forgotten it; she is still damaged by it. Even though it happened long ago, it is still current for her. And there is no statute of limitations in Maryland for this kind of crime. What if it were a murder case? Would we be saying it doesn't matter because it happened 36 years ago?
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Yes, an accusation of rape can harm a young man’s prospects, but a young woman who is raped carries the horrible memories forever.
All the young man has to do is never assault a woman. But being careful how she lives will not protect every woman from threat of harm.
@Jeff THANK YOU for that...I have been thinking as well along those lines....as in "What if it were a murder case".
The republican senate majority has hit its lowest point yet by moving forward on voting for kavanaugh’s nomination. There are many highly qualified lawyers. They are honest, solid in temperament and impartial. A supreme court nominee should meet the highest standards for a judge. Voters should express their extreme disapproval if kavanaugh is confirmed,and send the republican senate candidates packing and going home in november, should kavanaugh be confirmed this weekend. Only voters can restore the high standards for a supreme court judge, by appointing senators who promote and preserve these standards, and demanding it from their representatives.
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@observer: As lawyers, they are accustomed to living on the fees paid by litigants whom, for whatever reasons nobody cares, can't settle lawsuits.
Empathy does not appear to be a quality that Republican senators value, otherwise they would support universal health care, education, a less-toxic environment for our children, a firm but empathetic immigration policy, and would not engage in mass-murderous, destabilizing foreign wars for profit. Fake empathy, such as charitable works done in front of a camera for the sole purpose of twisting public opinion, is the only like quality these Senators now respect-- in a word, they love reality tv stars. Brett Kavanaugh is quite obviously one of them.
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After taunting Senators who questioned him and attacking America citizens whose political persuasions he does not share on the basis of wild accusations of conspiracy, what is left of the probity, honor, wisdom and impartiality that the Honorable Brett Kavanaugh is supposed to personify as a Federal Judge?
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@Andrew: This mighty warrior bids fair to bring down the reputation of Yale Law School.
In a perfect world the President would select three to five candidates for the Supreme Court. The Senate Judiciary could then pick the best one. They could compare each persons qualifications, background and demeanor before choosing. Then the entire Senate would vote. Many candidates - kind of like when corporate America interviews job applicants. Sounds good?
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Yes. Equally reasonable is the proposal for 18 year terms. With 9 Justices, one nominee/replacement would come up every two years. Every presidential term would allow for two nominations.
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@Phyllis Mazik....Sounds real good, Phyllis. Except we don't live in a perfect world. We live in a Constitutional World. That World has an Electoral College, the Second Article, a badly flawed First Article, and numerous other flaws like due process and innocence before guilt. Then there is the part about President's nominating SC Justices. For over 200 years We have been doing it all wrong. Sure, it was great to have the Warren Court and people like Ginsburg, Kagan and Sotomayor on the Court, but We could have done much better in your perfect World. But, take heart. As soon as the Blue Wave cleanses our sodden World of the Constitution, We can get on with Utopia.
@Charles Carter
If we are going to be changing the Constitution (dream on!) we should first get rid of the Electoral College. That would have prevented this whole mess.
So as Judge Kavanaugh’s reputation appears to be experiencing a recovery with the publication of Ford’s ex-boyfriend’s letter, it’s worth asking Mr. Kristof whether he stands by his abandonment of the presumption of innocence as well as the burden of proof. In addition, which of the judges on President Trump’s list would Mr. Kristof support if not this one?
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Let's get one thing straight. You are innocent if you didn't do it. The presumption of innocence and burden of proof are relevant to the process of determining legal culpability. One can be found not guilty in a court and still be factually guilty or the reverse. And a person who commits a crime and is never called to answer is not factually innocent.
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@JC,this discussion is all independent of the sex assault accusations. It is based on Kavanaugh's behavior during the hearings which showed he lacks the temperament, character and veracity to be seated as a Supreme Court Justice.
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@JC The "presumption of innocence" applies to criminal proceedings. It does not apply to to senate confirmations of federal judges. There are no presumptions of fairness or competence for nominees to federal courts, including the supreme court. It is all up to the senate, which of course, makes it all political.
The horrors aside, please understand the context for challenges to sexual assault. If a victim dld provide a precise diary of place, time, weather; the color of the wallpaper, the shape of the doorknob, the ceiling light fixture design, the fabric on the cushions and pillows, the immediate response would be this report is fake--no victim in the middle of being assaulted would be able to recall such a myriad of details with such uncanny accuracy. Memory or no memory, the point is the victim is condemned either way. Too much accuracy or too little still results in the same combination of denial and blame. Every rapist answers in one of two ways: denial, I didn't do it (Trump's favorite!) or it was consensual.
However, Trump goes a step further.
To show he is smarter than women, he insists he knows their story better than they do, he presents his counter versions. Women are after attention, revenge, looking for pay days. It does not matter to him that thousands of women say this is absolutely false.
Women instead speak of the deep shame that follows an assault, the clarity of certain details, the self-blame, the fear of revictimization, the pain of seeing your hurt scrapped across society's cruel tongues.
For breaking their silence, and for the satisfaction of his lies and mockery, women suffer outside and within.
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@Walter Rhett
America, remember Trump's audiences once dressed for lynchings, taking their children who inhaled the stench of burned flesh as male Negro victims were tied and burned alive--more fun than the rope. Joy in the suffering of others began to replace Christian charity after Reagan. We no longer fear God, only Democrats/minorities/immigrants. Sexual assault victims to these people are pet squeeze toys.
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@Walter Rhett
No one has written this but many individuals who have suffered assaults to their heads, say, their face suffers through and through lacerations and their flesh is beaten to a pulp, literally, but those individuals CANNOT see their wounds on their face after regaining consciousness.
The brain blocks out all the information it deems unnecessary in order for the human to survive.
People who are assaulted rarely remember how their attacker(s) looked except for features - their eyes, their hair.
The answers are obvious: 1. It's not a lie to prevent the further degradation of the hearings by avoiding urban dictionary definitions that should not be seriously discussed when 307 opinions I have written or concurred in are before the Committee. It's just common sense.
2. Of course I have empathy for the less fortunate. That's why I worked in soup kitchens where the poor and needy came for a meal.
3. You should understand that when my entire career is threatened by uncorroborated accusations, my wife receives death threats and my daughters see me vilified daily in the media then I will respond in kind. I'm a fighter only when pushed and bullied and then I will never quit.
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@alan brown
"Devil's Triangle" is not a drinking game. It is a phrase referring to two men or boys and one girl or women. According to the urban dictionary, the boys or men are not supposed to look at one another during the act to avoid being "gay." Just the kind of sensibility a teenager of that era might embrace.
And it is, assault aspects notwithstanding, exactly what was being alleged by Dr. Ford. How can that question be any more on point? You, like the rest of us, cannot say with certainty what happened or did not happen.
It was a disgrace (and deserving off being disqualified) that Kavanaugh did not tell the truth --he was testifying under oath and had no right to "prevent the further degradation of the hearing" by lying under oath no matter his outrage.
Furthermore, Senator Whithouse should have followed up further on that question as it was so specific to what Dr. Ford alleged--why was it in his yearbook?
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@rbI was well aware of the urban dictionary definition of those terms. That is precisely why I wrote what I did. I just don't believe his memory or knowledge of those terms, truthful or not, 36 years ago in a high school yearbook should be used in determining his confirmation. I also do not believe that Dr. Ford's lies about fear of flying, not coaching someone about polygraphs, her allegedly fraudulent use of a credit, her apparent lying about claustrophobia mean that she was not assaulted by someone, somewhere at some time.
@alan brown His performance (not to mention his earlier evasiveness and caginess in his pre-allegation hearings) are what degraded the hearings. You might have empathy for the poor, but clearly have none for sexual abuse victims. Dr. Ford is the one getting death threats, not him.
I am still asking and not getting anyone to answer how can Kavanaugh have repeatedly stated the other witnesses refuted Ford's testimony. He knows better. It is clearly not just him either. Some Senators the all knowing Sarah Sanders.
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Thanks for the article.
You ask: "What can we call these but lies? "
What about calling them "strategic lies"?
The lies tried to make less credible the testimony of Dr Ford, and therefore they do not seem to be the result of simple mistakes, memory lapses, or lack of empathy.
More likely, it seems to me, he was just trying to save his own skin.
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Having been a waiter in a college beer hall in my youth, I was in a position to observe drunks of all stripes and ages, although we managed to keep minors off premises pretty successfully in my day. i learned to recognize "mean drunks" pretty successfully, and my fellow waiters and I had a routine worked out to ease them out of the place without hurting them. I wish we had been in the Senate when Judge Kavanaugh was performing because we could have eliminated the sorry spectacle before he did so much damage. Oh well, maybe next time.
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Waiters would make great Supreme Court Justices. These prep boys are terrible!
With regard to the point that Kavanaugh's "supporters are doubling down": Judge Kavanaugh could have used Trump's behavior the other night as an opportunity to take the high road, as another conservative politician famously did when a supporter called Obama "an Arab." Then-presidential hopeful John McCain defended his opponent by saying that Obama "was a decent family man, a citizen that I just happen to have disagreements with."
That was 2008. A decade later, Kavanaugh made a calculated risk and chose divisiveness and partisanship before the Judiciary Committee--and in so doing played to Trump. A person of a judicious temperament would have stated his case, but not dissed his naysayers. And not made it possible for this public shaming of a witness.
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Just one minor point; although Kristof is correct that "witnesses err surprisingly often" it is well known, and has been well studied, that mistaken identity in cases where the victim knows the assailant previously is exceedingly rare.
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@PNBlanco
They did not know each other previously
Can you please show me where it’s established that she and Kavanuagh knew each other.??? How many times did they meet did they have conversations where did they occur ???
I am feeling like deja vu for similar things happened in 2016 elections for Trump. Nobody thought the serious allegations against him would go unnoticed by the American people. However, trial in the court of people is different than trial in a court of law. Trump would have definitely lost in a real court, but he won in the court or people. Similarly, Kavannaugh would have definitely lost in a real job interview, however, he will definitely win in this job interview where he is being used to rake republican anger and fury. And I must say, he is doing a wonderful job. Maybe Trump knew all this going into the investigation that he'll win all the way.
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He lost the popular vote, but I guess that’s neither here nor there.
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@NA: The media is not any more fit to judge a court than Kavanaugh is. It has too many conflicted interests. Who wants to give up the revenue stream from broadcasting advertisements for Otezla?
@Corbin
The popular vote may not have been relevant to Trump attaining office but it sure has been relevant to his time spent there. The lack of popular support is also highly relevant to Congress as they are every bit as culpable in the Trump administration’s misconduct, but lack the ability to insulate themselves from the majority of voters who are demanding they check the degenerate they helped empower. Already a political minority with shrinking demographics, the balance of the U.S. electorate tolerates them only to the extent required by black letter constitutional law.
Essentially, Trump has obtained a LOT of power, yes, but he does not actually hold it with the consent of the governed. That’s always going to make things tricky and Trump exacerbates things with his constant provocations towards seemingly every demographic except his base (and he has insulted his base too, seeing as how he makes a mockery of the breathtaking moral compromises and hypocrisy his base is enduring to shield him from being held accountable for his actions).
I believe that If Bret Kavanaugh was certain that Ms. Ford was mistaken, he would not have been as defensive as he was.
But lack of empathy shouldn't be a disqualifying factor? Elections have consequences, even when 3 million more Americans voted for Clinton, and The Russians intervened, and districts are gerrymandered to give Republicans a majority? Even when the guy who picked him is an amoral liar who has engaged in possibly criminal conduct and Merrick Garland didn't get a hearing? Its time to get a backbone.
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@DebbieR
Indeed, before America goes whole-hog 1984. One great step would be eliminating the Electoral College, tightening up requirements for congressmen, especially for senators.
These are legitimate question to ask Judge Kavanaugh but even having to ask these question demonstrates how this nomination
is no longer viable.
There were a number of qualified judges on the president's short list for the nomination to the Supreme Court. It is very important that any nominee have an even and steady temperament, demonstrate integrity and honesty, respect for others, and be non partisan.
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@Sally
Kavanaugh is obviously being chosen BECAUSE OF his criminal tendencies, not despite them. It's doubtful that any of the others on the short list would be enthusiastically willing to participate in a criminal conspiracy against our system of government. Sorry folks, but the implications of this train wreck, including the participation of Trump and McConnell, point to treason, way beyond where everyone's attention has been diverted. I will caution the conspirators that it's very likely that their lives will be in greater jeopardy from those defending America, than from those attempting to subvert it. Back off or suffer the consequences.
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In this Kafkaesque Supreme Court nomination, your three questions and answers clearly delineates salient points that I hope all of Congress evaluates regarding this nominee. One can only hope that the Judiciary committee denies Kavanaugh this role on the Supreme Court by giving thoughtful and careful consideration to the ideas you presented, and by seriously examining in an honest fashion what it takes to be a SCOTUS. However, my fear is that they will affirm him, continue their partisan attacks, distort the truth and perpetuate the hatred that continues to divide the ideology of both parties.
If only we can shift the toxic rhetoric and make this night different from all others... and if that becomes the case, then perhaps we can change the title of your article to the "Four Questions," ( a jewish prayer recited during Passover where we ask why is this night different from all other nights) I hope we can get there... I hope we can make this a better and different night.
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First, I believe Dr. Blasey. There isn't space here to go into all the reasons why.
But I have nonetheless begun to feel very sorry for Judge Kavanaugh.
It's obvious he's never encountered any kind of set-back - personal or professional - before and that he doesn't have the coping skills for dealing with such an event.
It's obvious he took advice about his demeanor and performance last Thursday from someone who has no understanding of - and even less respect for - the rules that govern the judiciary. Had Kavanaugh had more empathy, a small amount of self-reflection would told him it was a bad idea.
Today Kavanaugh has the American Bar Association, the ACLU, the faculty of Yale (his Alma Mater) law school, and now hundreds of representatives of other law schools demanding that his nomination be re-examined or even dismissed entirely.
Whatever you think of the Judge, and I, personally, don't believe he should be confirmed, put yourself in his shoes for just a minute.
Would you really wish this level of public embarrassment on anyone?
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He brought it on himself. He could have withdrawn as soon as Dr. Ford came forward, and there’s now evidence that he tried to suppress Debbie Ramirez’s testimony before it became public. He should have withdrawn weeks ago.
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@celia.
Karma.
No on is “wishing this on him.” He has sowed the wind, and now he is reaping the whirlwind.
Or, as they say in law, the injury is self-induced.
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@celia
I don't wish Kavanaugh or his family and as you and Mr Kristof had shown a modicum of empathy, he wouldn't be in this position. And I sure as heck don't want him making decisions that affect my or my children's lives!
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Thoughts on Kavanaugh and due process.
First: Procedural due process is and always has been a flexible concept. When the state is threatening prison, it owes its citizen one level of due process. When the state is going to conserve a mentally disabled citizen, it owes that citizen a lower level of due process. When the state is issuing a traffic citation, it owes the citizen still another level of due process.
Second: The US government is not seeking to punish Brett Kavanaugh. It is seeking to reward him.
Third: Since the US government is not seeking to punish Brett Kavanaugh, he is not entitled to a presumption of innocence.
Fourth: Brett Kavanaugh, who is not accused of anything by the state — and who faces no state-imposed punishment- is simply and only a job applicant. A potential employer does not owe a job applicant the presumption of innocence or even the lowest level of due process.
Fifth: Analyses that emphasize due process and the presumption of innocence are looking through the wrong end of the telescope.
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@Nancie This is excellent; the most thoughtful, logical response to the entire mess that I have seen over the past week. Thank you!
@Nancie: Nonsense.
Due process is not malleable. Either we have it or we don't.
He is being "rewarded" by the MAJORITY party of the US Government and sabotaged by the MINORITY party of the US Government. Most rewards do not include a public smearing.
This is not a job interview. No job interview is conducted like this for any job, anywhere in any corporation. You do not apply for this, you get nominated. Job interviews are conducted in private and that is hardly the case here at all. There is a big difference.
Resorting to exploiting teenage behavior and ignoring a lifetime of professional excellence is an act of desperation.
If all allegations are taken as absolute fact, there will never be a another person to serve on the SCOTUS.
I feel sorry for the Dems, the optics on them and their behavior here is horrific.
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Well, if he does get confirmed, it is women who supported Trump and the wives of husbands who supported Trump when they didn't who will bear the brunt of his anger, seething resentment, and feelings of persecution.
Next election cycle there will be a lot of campaigns with photos of Christine Blasey Ford staring down 11 Republican men. A lot of former Trump supporters and Republican women are going to recognize themselves in that photo.
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@Dan: "Et votre nom de famille?" Too much to ask for folks to stand behind their comments, not be ashamed of their beliefs, fearful of giving out their full, names, not using a tag?Ford's credibility is questionable, and it is not just Alexander Harrison who says so. She is unable to provide the specifics , in what year it happened and who was present, how she got home afterwards, and who did the driving. Presence of 2 attorneys provided by Sen. Feinstein also raised suspicions. Debra Katz: Dem.operative and attorney for the far left in American politics.Ford feared flying, but admitted to flights to POLYNESIA, 4,200 miles from S.F.Claimed she had never taken a polygraph, yet it was revealed she instructed others on how to take one. Why would anyone need not 1, but 2 attorneys if 1 were telling the truth?If she sought anonymity, why did she go to the WAPO to tell her story?No doubt Kavanaugh was involved, but absent corroboration,judge is innocent until proven guilty.Kristof's genuflecting to the #ME TOO movement does not say much for his journalistic integrity! Re Trump's cheating on his taxes, that's why well to do hire c.p.a.'s, tax lawyers. How many of us, including Times newspaper columnists, would not hire a sharp accountant and a tax lawyer in order to lower their tax burden?"l'Homme est ainsi fait!"COLUMNISTS who live in glass houses, mansions in Westchester County send their progeny to ivy league schools should not cast stones at others, no se ofenda!
Let's put it this way: if the level of the accusations descends to that of being worthy of mockery, it might be met with counter measures which could only be considered lies if the accusers became all-knowing arbiters. Of course, it couldn't possibly be that the judge's drinking habits reflected a need to unwind after grueling work at achieving his scholastic goals. The hypothetical questions regarding empathy for the less fortunate seem accusatory as regards the Judge's claim of always having evidenced respect for women. It may be that his gratitude to former President George W. Bush has been extended to President Trump, but it is certainly foolish to try to paint a picture of the Judge as lacking judicial temperament on that basis. So what if he granted an interview on "Trump's television network"?
For one, the failure of the Judiciary Committee to challenge "Executive Privilege" and sue to attain the records of Judge Kavanaugh's service to the Executive Branch under George W. Bush in order to better understand his attitudes towards the expansion of Presidential Power is something viewed with extreme distrust, as the matter of declaring war as opposed to waging it independently becomes more of a matter for considering, especially vis a vis Iran, and moreover especially as confirmation hearings for Supreme Court Justices usually take 6 weeks or longer. If that is the path which the executive branch takes, unchecked,--that towards another war, then perhaps it is in trouble.
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@Disinterested Party
“Of course it couldn’t be that the judge’s drinking habits reflected a need to unwind after grueling work at his achieving his scholastic goals.”
Any argument you gave was lost right there.
This is an extraordinary non-credible excuse of systemmatic drinking.
There are many scholars who achieve high goals without the need to drink or any other drug “to unwind”.
If anyone ‘needs’ to drink to unwind, that is an indication of someone with a drinking problem.
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@Disinterested Party
I am not a teetotaler, but no one "needs" to unwind with a drink. And there's ample evidence that Mr. Kavanaugh's teenaged drinking was excessive and habitual. Finally, the issue is not the drinking; it is lying about the drinking.
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@Disinterested Party
Oh, please. Judge Kavanaugh's maudlin, hysterical testimony demeaned his office and the others participating in the hearings.
The guy showed just who he is for all the country to see not someone to be on the high court. If any one was lucky enough to see PBS Dark Money he is there man, corporate control so we do not have to worry about those pesky people anymore that is there goal. I'm at a loss for how he is for the greater good of we the people.
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@ted
Great point. I saw Dark Money and that never came to my mind during all this. I kept thinking that Trump wanted him for 1 reason; so that he couldn't be questioned as a sitting President. Glad you brought this up.
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The man I saw, both at his initial confirmation hearings and speaking in response to Dr. Blasey's claims, would not even understand your questions, Mr. Kristof.
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Because they are asked with the presumption of his guilt. Accusations by any normal process would be ruled completely unsubstantiated and made by a crazy woman who lies about why she has two front doors for trauma (oh yeah and for access to a rental unit) can’t remember a house the most traumatic event of her life occurred in. she presumedLy was invited to it can’t remember by whom can’t remember who she walked to it with cant remember where or when she left presumably walked home from and probably walked by it or avoided it a thousand times after that Etc etc etc
The lack of common sense and blind acceptance of an accusation made 35 years later is enough to make me yell and rant and I am not the accused.
What do we do when he is confirmed? What do we do when the Dems don’t win back the House or the Senate? How do we reinstate decorum and civility? These are
Not rhetorical questions.
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@Meg Smith We scream into the void again. And then we pull ourselves together and we protest even louder and longer and we start to rebuild our democracy one brick at a time with the tools we have. Look to the young people. They are our hope. But decorum and civility are not coming back as long as the GOP holds power. They threw it away to get power and they are willing to do anything to keep power.
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@Meg Smith....reinstate decorum and civility? No, restore representative government that respects the citizen majority, not entitled elites. Then civility might have a chance.
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@Meg Smith I've been thinking about that, too. I suggest we work together to change the incentives for partisanship by changing the results. Then eventually the bad behavior will change. We must work to reduce the benefits of partisanship in judicial appointments in every legal way we can. To help do this, make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
Mr. Kristof, please keep these pieces coming. We need your reasonable and persuasive voice!
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@Melissa Julie Swetnick claimed, at first, to have attended more than one party featuring gang rapes in which plenty of people at the parties died not participate. Is any such allegation credible? She has been sued before for making false allegations of sexual misconduct. Yes, listen to her--she's as human as any of us--and if she's lying, remember the law God gave Moses that false accusers should be punished as if they themselves had done that of which they falsely accused another. And then listen again; she's still human, and can repent and ask forgiveness.
Well-reasoned, moderate yet forceful. And you clearly know a lot -- I daresay, a lot more on this than most of us.
What we need quickly are 'three questions for McConnell' which would impede his injudicious rush toward plowing this through.
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@Ernest Werner I believe we could solve it with one question, but I doubt we will ever know the answer:
How much money has the Republican party accepted from Russia directly and through the NRA?
If they insist on elevating such a deeply flawed partisan to the Supreme Court, Republican Senators ensure one outcome: the fire now raging between decent Americans with differing political views will leave nothing but scorched earth in its wake.
Vladimir Putin never had such a satisfying return on the ruble.
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I totally agree with your column, although I would put point three before point two. Mr. Kristof, I wish you were the nominee for the Supreme Court. By reading your columns over the years, I have learned what an empathetic, caring, and intelligent person you are.
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Lot's of assumptions and few facts here. Judge "K" has an outstanding record of service to the nation and on the bench. As a journalist I have seen many befuddled Judges, and quite a few flashes of temper. Empathy has nothing to do with being a good judge. Applying the Constitution has everything to do with it. God bless Judge "K"we are praying for you.
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@Bill Thomas
But in a job interview such a this, he should have been on his best behavior. If that is his best, we are in trouble. Also, the befuddled judges you speak of were not on the Supreme Court, I assume. This job requires the highest level of professionalism. His behavior last week was not assumed, as you state, but rather was displayed for the world to objectively see. Dishonesty, rage and partisanship do not have place on the Supreme Court, I agree with Mr Kristof.
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@Bill Thomas
Mr. Thomas, I would contend that empathy has an enormous amount do do with determining what is just and determining what is just is the ultimate job of a justice.
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@Bill Thomas. blindly applying the law to all situations denies our humanity. One must be a human being in any position but anyone aspiring for a job on a judicial bench at any level must at least show compassion and empathy even while applying the law. Is the measure of a great judge his or her ability to quote precedents, case law or should that judge also understand that sometimes the law is unfair and the application thereof would be an act of cruelty. I know that Kavanaugh showed that cruelty in the case of the youbg girl who needed an abortion which he was trying to prevent until his decision was voted down by his fellow judges. This angry, partisan, inhumane man does not belong on ANY court; certainly not SCOTUS.
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Yes, these are good questions. But this situation has now transcended the particulars of Kavanaugh and his past. His continued candidacy for the Court is doing great harm to our country.
And, if should he be confirmed to the Court, things are likely to get much, much worse -- over a longer and longer time -- than the country can well endure.
It's high time for some patriotic GOP senators to step forward and say they won't vote fro Kanaaugh for the good of the country (and because his nomination is so largely unpopular -- his selection "is not the will of the people").
Unfortunately, this is not likely to happen. Accordingly, stand by for "unintended consequences" that will likely boggle the imagination of all us.
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@Maynnews Unintended consequences are, by their very nature, hard to predict. One consequence likely unintended by Senator McConnell will be devaluation of a seat on the Supreme Court. Perhaps he and other partisans can learn from that devaluation that partisanship is not the powerful tool they think it is. We must work to reduce the benefits of partisanship in judicial appointments in every legal way we can. To help do this, make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
Model Code of “Elected Official” Conduct. I’m not sure such a Code exists for elected politicians but based on the current tenor of our electeds, it appears that mud slinging and rank partisanship is allowed and encouraged.
The American Bar Association’s Code however does not allow such things for Judges. Judge Kavanaugh’s rank display of both actions, under oath, suggests he should not have taken advise or lessons from an elected official.
Perhaps specifically one in particular.
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Do a sense of entitlement, belligerence and sobbing self pity, reliving old battles, the Clintons, dissembling, obfuscating, deflection and outright mendacity make for a "conservative" judge?
One of the qualities that make Ruth Bader Ginsburg an asset to the SCOTUS is her empathy and her point of view as a woman and as a mother. In Kavanaugh, I see a man promoted by the plutocracy, perceiving himself as entitled and bent on upholding all aspects of the most privileged class in this country.
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@Arthur
I think you meant to write, "...in addition to being a brilliant legal mind, two of the qualities that make Ruth Bader Ginsburg an asset to the SCOTUS are her empathy, and her point of view as a woman and as a mother.
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@Arthur great post. I had an open mind and thought BK started off strong. But when he mentioned the clintons, I knew he was unfit. He showed himself to be as partisan as any hack on Fox news. I half expected him to sing the Benghazi mantra.
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@Arthur How did you find her partisan comments ? Do you think it positive ?
I long for the good old day, or even better new day, when people in powerful positions of high public responsibility act on the principle that the idea of running for office is to politic, but that the idea of being in office is to govern.
In our contemporary time, political leadership (no, both sides are not equal in this regard) behaves reflexively in naked partisanship, 24/7, wall-to-wall, floor-to-ceiling, without a moment's respite from the fruitlessly empty game of it all.
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@John lebaron We can bring in that better new day, by shrinking the rewards for naked partisanship. Change the incentives by changing the results, and eventually the behavior will change. We must work to reduce the benefits of partisanship in judicial appointments in every legal way we can. To help do this, make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
'This has been the most damaging and ruinous time in my personal and long professional career, where I stand accused of a foul anecdote in my days at college.
These allegations have been more hurtful than words can express, impacting not only on myself, but my wife and two daughters, my family and friends, my life.
It is with regret that I withdraw my nomination for a seat on the Supreme Court, knowing that I maintain the support of the President, and many of my colleagues. The heart of the Nation is at stake, and I wish to put an end to this controversy.
Therefore it is with a sense of decency and dignity that I address these words to the Press, hoping that our Country will continue on its path to do better in the future and leave a strong legacy for our children'.
This is what is known as a rough draft if Kavanaugh decides to step aside in view of the furor, the divide between the Parties and We The People.
An historical fall upheaval that should be placed to rest.
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@Miss Ley
Many people would be delighted if a letter like this came to pass. It would demonstrate honor and integrity, along with a dash of humility. But the chance of it happening is 0%. And that tells me everything I need to know about Kavanaugh.
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I am deeply troubled by the fact that so many people support Kavanaugh's confirmation despite these issues. My understanding is that these points don't matter nearly as much to many people as the prohibition of abortion. What this says to me is that a scenario where Dr Blasey Ford was not able to get away, became pregnant as a result and was forced to carry a pregnancy at 15, despite the health risks, would be a morally superior one in many American's eyes.
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@Carla
" What this says to me is that a scenario where Dr Blasey Ford was not able to get away, became pregnant as a result and was forced to carry a pregnancy at 15, despite the health risks...."
Yes. Exactly.
People who are reading this: The health risks of Americans going through pregnancy, labor, delivery and the postpartum period are *far greater* than they were even ten years ago. The US has the worst (yes, WORST) maternal mortality rate among Western nations. Mortality, as in death.
It is safer for a citizen of Slovenia to be pregnant and give birth than if she resided in the US.
Combined with the declining strength of antibiotics, the US is rapidly approaching a point akin to the 1930s, where every extended family lost members to childbearing. At this point, when it is so much safer in the US to abort than to continue a pregnancy to term, forcing a citizen to run the risks associated with childbearing is consigning them to the type of lottery portrayed in The Hunger Games. You've got a chance at life, sure, but you run an enormous risk.
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@Carla Let's put the onus of the act where it belongs: "...was impregnated by Kavanaugh as a result...".
Can I just add one more unanswered, simple and less legally complex question that was not asked or answered? It is simply this: The nominee was asked if he had listened to his accusers testimony delivered that morning of his testimony. His reply was that "No, I did not. I was busy preparing my own remarks." The question that should have followed was why did he not listen to the testimony of a person who he claims to have barely known at all who was accusing him of a crime of such a personal and career-jeopardizing nature? Following up to that could have been if this was the behavior of a judge in any courtroom where an opinion would be handed down prior to the testimony of a witness in a courtroom. Of course the Senate judiciary hearings are not legal proceedings, so the comparison doesn't work. But it was interesting to note that the CBS reporters outside Judge Kavanaugh's home made the point of saying the judge was at his home, "watching Dr. Ford's testimony" Was that true or simply more 'fake news'?
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@Farnsworth...
Or more perjury?
@Farnsworth Apparently even that was a lie, because the WSJ had reported that he had been watching it.
1
My father was an officer and judge in the military. He was a staunch conservative. "God, the Flag and Motherhood" was his motto. Even so, he would be appalled that we are even considering Mr Kavanaugh as a Supreme Court justice - not because of his academic and professional qualifications but because of his lack of proper judicial demeanor.
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@independent
My husband agrees with your father and he is saddened by the blind allegiance to this man after his poor performance.
1
Enjoyed your opinion piece about Judge Kavanaugh. It was well-reasoned and intelligent and I found myself agreeing strongly. Thank you for clarifying and expressing more competently thoughts I was trying to distill for myself.
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Thank you, Mr. Kristof. Your comments are, if I may use the term, judicious! Measured, to the point, complete and calm. Among the best I have seen in this very sad series of events. The Supreme Court justices are not obliged to recuse themselves,so we cannot even hope that a more then likely Justice Kavanaugh would have the integrity to recuse himself from cases similar to those you described. Cases that involve the civil rights (and the lives) of others for whom he has demonstrated not empathy, but contempt and those that involve "enemies" to whom he has promised retribution in public. An ugly day, indeed.
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@Magali Larson Asking for recusal is an option in appropriate cases, as you note. Impeachment efforts are another possible response, as other people have noted in their comments. I suggest yet another possibility - persistent legal dissent-in-practice. Change the incentives by changing the results of partisanship, and eventually the bad behavior will change. We must work to reduce the benefits of partisanship in judicial appointments in every legal way we can. To help do this, make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
The 36-year old allegations against a young Brett Kavanaugh are deeply troubling. I believe Christine Blasey. That said, Judge Kavanaugh should have every benefit of any doubt. It seems here that we’ll never know what truly happened on the night in question.
The accumulation of deceptions and misleading characterizations related to adolescent life—the juvenile references to bodily functions and the outright lies are disqualifying in themselves. An honest, humble explanation for long-ago embarrassments unearthed in a yearbook should not be disqualifying. He could have donned the human cloak and asked for forgiveness in lieu of understanding.
But the worst of the three-pronged bullet points that Mr. Kristof has listed refer to the impossible-to-dispense-with necessities of impartiality and the wisdom of the judge. No one will justly deny that any judge’s human experience can never factor into a decision that may have consequences for millions. But when sobriety and honesty and humility before the awful duties of a Supreme Court Justice cannot, with any confidence by the public, be ascribed to the Justice in question, then decisions rendered by that individual Justice indelibly stain the principles for which it is supposed to stand.
Judge Kavanaugh fails the final test, the most exacting and rigorous of the three examples laid out here. His behavior screams, “you cannot believe me!”
No; we cannot.
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Just as we say "Physician, heal thyself," I would say, "Judge, assess yourself." The fact that Kavanaugh is so unwilling to be introspective or to be honest even about understandable youthful mistakes gives me no confidence in him.
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@Soxared, '04, '07, '13
It's not possible to believe Dr. Ford, and at the same time, believe that "we'll never know what happened" that night. It's already possible to make a very educated guess, (solid enough to reject this man for the job,) and it would have been possible to come to a reasonable conclusion if the FBI had been permitted by Trump to function properly.
1
Great. But why are the duties of a Supreme Court Judge awful - and if they were why would anyone aspire do desperately to be seated as a judge there?
Exactly right and well stated, Mr. Kristof.
I saw Kavanaugh's testimony. It was very clear that he was lying and also evasive. He verbally attacked Senator Klochubar in a demonstration of what his lack of respect for both women and senators looks like.
He did himself no favors by doing these things. I hope and pray and urge all senators to vote against this nominee.
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@Barbara And when he came back after one of several breaks, where he was undoubtedly getting advice from his attorney and others, he apologized to Senator Klobuchar. It was clear Kavanaugh had been told to apologize. This is not a man who ever apologizes.
Oh, Nick, don’t you remember? Judge Kavanaugh doesn’t answer questions. If he notices you at all, you might get a tirade from him for your obviously being part of the Clinton conspiracy agains him and his Master in the White House. But answers to questions? Not a chance.
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Well put, Mr. Kristoff. Answers to these questions should be forthcoming, yet I fear they will not be. It seems that the only thing that matters anymore is "winning," with the ends justifying the means. It is sad day for the Supreme Court if someone demonstrating these behaviors before and during the hearing is confirmed.
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Agree..this is truly frightening.
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@walkman666 Yes, a sad day indeed. But not the end of days. We must then work to reduce the benefits of partisanship in judicial appointments in every legal way we can. To help do this, make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
1
I am afraid that Dr. Kavanaugh has done women and the Democrats who supported her testimony and the FBI investigation more harm than good, and I say that with sadness for her and all victims of sexual assault. I hope that telling her experience gave her some kind of healing benefit to offset the new injuries she has suffered from coming forward. However, the public service she hads done for all of us, unintentionally, is to reveal the dark side of a sitting federal court judge who would be a SC judge and that revelation should not be wasted. Character and bias are often only revealed under great pressure. We saw and heard it and we can't un-see and un-hear it. For that, thank you, Dr. Ford.
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@abigail49 in the first line of your comment, you mean Dr Ford - not Dr Kavanaugh, correct? Kind of threw me when I first read your comment.
@abigail49
Dr. Christine Blasey Ford, not Kavanaugh.
@abigail49
To clarify, I think you meant to refer to "Dr. Ford," not "Dr. Kavanaugh" in your first line.
Vote Kavanaugh on the Court at the first possible date even if Sunday. Democrats are obstructionists and will always find one more thing to check out. McConnell is right and he is a Profile in Courage in standing up for what is right.
The Democrats merit no further consideration. Three will join the Republicans and Kavanaugh will finally be on the Court next week.
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@tcmitssr
Are you going to every comments section on a Kavanaugh article to paste in this same comment word for word? It is also the eighth oldest comment on "The Senate Should Not Confirm Kavanaugh. Signed, 650+ Law Professors (and Counting)."
I wonder what kind of mind forms an unvarying thought that simply clangs time after time against unyielding reality.
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@tcmitssr Have you forgotten the Republicans delayed a vote on President Obama's Supreme Court nominee in a purely partisan, unprecedented and indefensible manner? Talk about obstruction.
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@tcmitssr McConnell has been in violation of his oath of office at least since the moment he declared his agenda to be making Obama a one-term president. In that objective, he failed, but the harms he has done this nation are incalculable.
9
A very clear an powerful argument of why Cavanaugh should not be confirmed to the Supreme Court. Together with the (just published and growing) list of prominent lawyers opposed to his confirmation, I detect a rising tide of opposition to Cavanaugh's nomination. May this movement prove decisive.
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We'll never get answers to those questions, not from Kavanaugh, anyway.
But there is a more troubling question, sadly, we'll never get an answer to it either. The corporate-media isn't asking it, anyway.
The question is this: given Kavanaugh's obvious unfitness for the appointment, how can Nancy Pelosi categorically rule out initiating impeachment proceedings against him, should the Democrats regain control of the house and senate?
Kavanaugh has consistently ruled in favor of corporations and against workers and the environment. A Kavanaugh nomination esp if the Dems can't take back congress, would probably mean that Republican efforts to pass right-to-work laws at the state level, would seek to make them national-level laws, as well as expanding Janus from public employee unions to private sector unions.
A Kavanaugh appointment would mean even further degradation of environmental laws and climate policy, pushing us quickly over the precipice to climate Armageddon.
Can Pelosi NOT see her remark as a strategic blunder?
Is there any better indication of the need for new blood in the Democratic Party?
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Nancy Pelosi is not one to show her hand before it is necessary. There is absolutely nothing to be gained by issuing a statement, right now, that impeachment is on the table.
If you were familiar with her ability to read situations and act accordingly, you would already know that. Instead, you offer the suggestion that she doesn't know what she's doing. That's baloney.
2
@Ed Watters: Nancy Pelosi did not categorically rule-out impeaching any sitting SCOTUS Justice. She did so regarding President Trump, just as she did so George W. Bush (43) in 2007. If Nancy Pelosi can do anything right, she can count votes. As Speaker from 2007-2011, she never lost a Floor Vote. Ever.
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In my profession, the big shots (men and women) are those with high intelligence and low empathy. Our competitive culture has been selecting for people like Kavanaugh to promote in almost every profession. Whether Kavanaugh becomes a supreme court justice or not will have very little effect on this culture.
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What profession is this??
I think the last point about being partisan is the most concerning, because judges recuse themselves all of the time if there is even a hint of bias or not being able to impartially apply the law.
The republican party wants this guy. because they he has been groomed by the federalist society to be the rubber stamp/vote on so many issues that the radical right want. (or overturn)
If I were in the same place (on the stand in front of the committee) then I would be calmly calling for anyone (especially the FBI) to comb through everything to clear my name. Not only would I be calm in doing so, but I would have shown empathy towards the supposed victim.
What we saw was temperament that was not judge like at all.
665
@FunkyIrishman All of the justices have political affiliations. All of them vote. Many have worked directly for U.S. Presidents prior to become a justice.
The question isn't whether they are political; it's whether they can lay aside politics in the cases that come before them.
No one is saying that Ruth Bader Ginsberg should be impeached, and she said her fair share of political statements re: Donald Trump.
What we saw was the temperament of a man positioned as a defendant.
The bias and temperament arguments is what people are turning too now that it's obvious that Mr. Kavanaugh is innocent of the charges made by Dr. Ford.
7
@Jessica
I can appreciate how you want to turn everything into a court of law, but to state the obvious, this is a job interview. Of course, the job is one for the judiciary that applies the law for all of us, and to show bias (political or otherwise) before any case, is not what the Supreme Court requires. (or any court)
There has been no ''verdict'' in regards to guilt or innocence, but there has been a rush by republicans to obfuscate at all possible turns to simply put this nominee on the court, because they want his predetermined vote.
THAT is what we all know.
19
@FunkyIrishman Judges recuse themselves all the time. Justices on the Supreme Court cannot be made to recuse themselves. Judge Kavanaugh did not sound on Thursday like a man who would be likely to recuse himself in the face of a conflict of interest or apparent impropriety.
12
A sneering, angry, conservative at all costs no matter where the truth lies is exactly what the GOP wants. Some of the supposedly moderate Republican senators dislike the "optics" and fret about the mid-term elections, but after an investigation by the FBI that will not find a smoking gun, they will fall into the party line and vote to confirm. Winning isn't everything, it's the only thing.
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@MEM So let us make it NOT the only thing. Make winning a confirmation fight less valuable, and eventually the behavior will change. We must work to reduce the benefits of partisanship in judicial appointments in every legal way we can. To help do this, make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
Mr. Kristof, your comments and questions are always fair and bipartisan. Your beliefs may be center left or left, but you always find room for hearing the other side and looking at other possibilities. I wish our legislators could do the same.
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@Paul
I would settle for just straight up and down votes, where all amendments could be debated, whereas the people could see exactly where their rep/senator stood. What we have now is no where near Democracy or even a Republic that represents the people.
Just a thought.
34
@Paul Kunz - I agree that Mr. Kristoff always looks for room on the "other side," but "center" or "left" he most certainly is not, as any long-time reader of his columns will be able to tell you. Our Mr. Kristoff's views are consistently center-right.
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@Paul Kunz Let's together give them reason to do so. If we change the incentives for partisanship by changing the results, then eventually the partisan behavior will change. To help do this, make sure every judicial decision supported by Justice Kavanaugh is SANCed. That means Scrutinized very closely, provoking more Appeals from similar circumstances, Narrowly interpreted as to scope, and Constrained tightly in their application. The Court paints in broad strokes, and there is much room for effective legal dissent in practice by lower courts, agencies, organizations, state governments, and individual people as a Court decision is fleshed out and actually implemented. Make that Supreme Court seat less shiny, and the partisans will find their task less worth the partisan efforts that have harmed everyone that respects impartial justice.
I have a fourth question for Mr. Kavanaugh: Would you want your daughters, when teens, to associate with boys like the Brett Kavanaugh of the early 1980s? And if the answer is "No," does this have any implications for whether such boys should become U.S. Supreme Court justices in the future?
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@Allen Drachir I'm a lot more willing to give formerly obnoxious when drunk teenage boys a pass a for their youthful behavior if as adults they show some sign that they regret youthful excesses and bad judgment, that they have learned something in the intervening years and attained maturity. Judge Kavanaugh pretty much put paid to the notion that he had gained any insight into or had any regret for his youthful behavior on Thursday.
7