October 11, 2018

‘Justice’ Kavanaugh is in. Now what?

located:	USA
editor:	Yair Oded

After weeks of grueling hearings and nationwide protests, Judge Brett Kavanaugh was sworn in as a Supreme Court justice last Saturday, as protesters chanted outside and banged on the doors of the court. Kavanaugh’s confirmation has rightfully enraged millions across the country. From credible sexual assault allegations made against him by three different women, to perjury committed by the judge throughout the hearings and the mock-investigation carried by the FBI into his sexual assault case, to the appalling partisanship and ill-temper he exhibited during his testimony – evidence abounds to disqualify Kavanaugh from being nominated as a Supreme Court justice (or serve as a judge in any other court, for that matter). Yet, he was confirmed by one of the narrowest majority votes in history (50-48), signalling to Americans that, for the Republican leadership, consolidating the concentration of power in their hands takes precedence over delivering justice and due process, and that those in their Boys Club are exempt from liability, no matter how severe their crimes are.

While Saturday’s tragic events did not come as a shock, seeing as Kavanaugh’s confirmation constituted merely another episode in the horror show titled The Republican Establishment’s War on Democratic Norms and Morality, it nonetheless highlighted several issues that are crucial to acknowledge as the Left moves on and tries to salvage the dire socio-political landscape in the United States.

What became crystal clear throughout the Kavanaugh saga was the enormous power held by the judicial branch of government (and particularly the Supreme Court) and the serious threat it poses to American Democracy under the current right-wing leadership. While most Americans view the President and Congress as the main players in the political field, it is the Supreme Court that has the final say in issues that affect the nation. A predominantly conservative Supreme Court (which has been secured with the addition of Kavanaugh to the bench) will thus prove detrimental to progressive (and humane) agendas surrounding issues such as women’s right to choose, same-sex marriage, worker’s rights, separation of powers in government, campaign finance reform, gun control, immigration, and climate change. The confirmation of Judge Kavanaugh made it clear that in order to assume political power and tilt the scales back in their favour, Democrats must espouse the Republican tactic of packing the courts by fighting hard to nominate liberal leaning judges, not only to the Supreme Court, but also lower courts, such as the U.S. Court of Appeals for the District of Columbia Circuit, which constitutes a stepping stone for the bench.

The Kavanaugh fiasco also highlighted the significance of the midterm elections, which only 40 percent of eligible voters usually participate in. Enraged by the nomination of Kavanaugh and the unscrupulousness of Republican senators who voted him in, registered Democrats across the country (particularly women) reportedly feel energised to swarm the voting centres on November 6 and regain control of Congress. While control of the Senate seems unlikely at this point, securing a Democratic majority in the House would be significant, as Democrats would be able to, for instance, reopen the FBI investigation into the sexual assault allegations against the judge. Should they regain control over the House, Democrats could also launch an investigation into perjury once they get access to the remaining thousands of documents from Kavanaugh’s years under the Bush administration, which would determine whether or not he lied under oath while saying he had no connection to Bush’s torture and surveillance campaigns (the documents will only be released at the end of this month).

Finally, what the past several weeks made clear is that the Democratic party must step up its game. Specifically, Democrats must establish a strong, proactive leadership that doesn’t only react to the calamities concocted by their colleagues from across the aisle and in the White House, but rather initiate strong policy and independent actions. For that to happen, Democrats must abandon their long-held corporate alliances and hesitant rhetoric, while embracing with open arms progressive agendas. If they wish to regain the trust of the people and deconstruct their (rightfully earned) stigma of enablers who lack integrity, Democratic leaders must demonstrate that, unlike Republican representatives, their action isn’t only motivated by strategic calculations and power-hunger, but rather echoes deeply cherished principles and moral values.  

Photo: Supreme Court