Pro/Con: Should Brett Kavanaugh be appointed as the next Supreme Court justice?

Mandatory Credit: Photo by DENNIS COOK/AP/REX/Shutterstock (6415033b) KAVANAUGH Brett Kavanaugh appears before the Senate Judiciary Committee on Capitol Hill, on his nomination to be U. S. circuit judge for the District of Columbia Circuit JUDICIAL MEMOS, WASHINGTON, USA

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Pro: Brett Kavanaugh should be appointed as the next Supreme Court justice

Things are critical for the liberals in the United States. If Brett Kavanaugh is confirmed as a Supreme Court justice, the conservatives will have a deathgrip on their third branch of government, painting the future of the United States a bright red. I personally like the United States in red, but which color looks best on the country is purely opinion.

I also believe Kavanaugh should be our ninth Supreme Court Justice. I don’t believe something so critical should be up to opinion. The fact is that every American should uphold the basic constitutional right of due process because, for those who so unjustly oppose Kavanaugh, the rights he is being denied were pretty crucial to our founding fathers.

Even if this was a liberal nominee, I would be appalled at the lack of justice shown by our country.

It is fact that the allegation was held onto for a reported six weeks before being brought up that makes the denial of due process a fair claim. Preventing a full investigation and defense to be carried out until right before voting causes many to cry foul. Without ample time to do these things, Kavanaugh can’t be considered “proven clear” which prevents voting from occuring when it needs to be done. If the democrats can prevent voting from occurring until the midterms, they might prevent an appointing vote from a conservative senate. If they can prevent a nominee from being appointed long enough, they can get a liberal judge put on the court when the presidency goes back to the left. It is a sneaky political move and, whether it was intentionally or not, it happened and it’s not right.

Then there is an issue with a private, unproven allegation getting leaked to the whole country through the media. Dr. Ford sent the letter to her local representative, Anna Eshoo, and from there it went to Sen. Dianne Feinstein’s office and then somehow to the press. Someone leaked it and it should not have been. It is also mighty convenient for those opposing Kavanaugh such as the ones in Sen. Feinstein’s office. It is not right for an unproven allegation to get out to the country without an investigation first. It has turned what could’ve been a quiet and fair ordeal into a war that could sway senators to vote to please their constituents rather than on grounds of guilty vs not guilty, and into an event that will harm Kavanaugh’s reputation forever-guilty or not. It is a horrific thing to make the country believe a man is a rapist in front of his own children. It is a horrific thing to stain the honor of a servant of the court system by making hollow allegations of sex crimes.

The battle is one of “he said” vs “she said” and so let’s dive into what “she said.” Dr. Ford is accusing Kavanaugh of attempting to rape her when he was 17. It occured at a party where there was heavy drinking involved and a lack of witnesses and was apparently traumatic enough to be brought up conveniently 36 years later. But it was not traumatic enough to be brought up when there was the easy ability to prove whether or not the incident occured. It can be argued that Dr. Ford was under pressure in her position, not wanting her parents to know she was at an unsupervised drinking party full of older boys, but why wasn’t this brought up when Kavanaugh was made White House staff secretary in 2000? Or when he was nominated in 2003 for the U.S. Court of Appeals for the D.C. Circuit? Or when he was appointed to that circuit in 2006? It is now, when it matters most that this allegation pops up. Maybe it is wrong to accuse Dr. Ford of lying outright but there is certainly some support behind that school of thought. Now, when things are critical for the liberals, a #MeToo pops up and is handled in a way that makes it a sharp spear in the side of the very conservative nominee.

People seem to forget that the same constitution that sets up the courts and the senate also makes it very clear that proof is essential to judge someone. Kavanaugh is being torn to pieces by the country without having any proof of his crimes and it is completely wrong. He has a yearbook full of things written by high schoolers. Did half of the country forget what it was like to be in high school and hear the things that people say? People joke and they make things up to embarrass friends, and although the things in there could be true, there is no way that we can lawfully hold it over Kavanaugh’s head without the ability to prove them. If someone takes this into consideration, all there is left is a story told from two sides: the accuser from out of nowhere that pops up at the most critical time for the left and makes accusations that get conveinevently leaked to the press, and the other a man of the highest possible reputation that has lived honorably enough and clean enough to be nominated for a position on the US Supreme Court, the model of ethical and pure judgement for the world. Who should we have faith in?

I agree with Sen. Lindsey Graham in saying that if a man rapes women for two years, he probably won’t stop. Kavanaugh has a clean record everywhere except this one unsupported accusation and so the signs say he is a clean candidate who did not rape Dr. Ford and if he didn’t attempt what he is accused of attempting, this is an evil act of sabotage against an innocent man of good judgement and character.

Citizens of the United States need to look up what the term “due process” means and judge whether or not this man has really received it from the opposing side. Judge on facts like our judicial system does and consider the positions our sides are in. One is desperate and the other wouldn’t bother fighting for their nominee unless he was innocent because there are plenty more nominees lined up behind him.

Open your eyes, America. History is in session.

By: Bartel Van Oostendorp, Print Editor-in-Chief


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Con: Brett Kavanaugh should not be appointed as the next Supreme Court justice

Sexual assault is no light topic. There are no ifs, ands or buts about it. Almost every woman either has experienced or knows someone who has dealt with this harrowing, often traumatizing experience. The #MeToo movement brought to light just how common these assaults are in our society. Though the hashtag is popular and filled with thousands of stories, speaking up about an assault is not easy for many. Women face ridicule, victim blaming, rape and death threats and claims that they’re making their stories up for attention. These fears can prevent victims from speaking up, but it did not stop Dr. Christine Blasey Ford.

Dr. Ford is an American professor of psychology at Palo Alto University. Her assault story dates back to when she was in high school. She emotionally recounted the night where Supreme Court nominee Brett Kavanaugh and a friend shoved her down onto a bed, held her down, and tried to remove her clothes. She said she tried to call for help, but Kavanaugh put a hand over her mouth. They even had the audacity to laugh during the attack as she frantically thrashed around. She said that she believed he was going to rape her.

During her testimony, Ford exemplified sophistication and remained calm and collected, despite the heavy content she was speaking about. Kavanaugh, on the other hand, screamed and cried, yet people still say he would make a good judge. Most people would say that someone in a position of power should know how to stand their ground and keep calm during even the most difficult times of stress. Think about whenever a woman runs for a political office of power, and how lots of men, and even some women, claim that a woman’s emotions and hormones will get the best of her and she might have a breakdown and start a nuclear war or something. If you don’t believe me, check comments on news articles and videos of women politicians. Now, I myself don’t support everything Hillary Clinton does, but back when she was on trial, she remained calm and collected throughout 11 hours of questioning. Kavanaugh lost his cool before 20 minutes had even passed. Think about who exemplifies the traits of a leader who will not back down within the face of adversity.

If Kavanaugh is appointed, it teaches young girls that their voice doesn’t matter. It teaches our young boys that they’re allowed to treat people awfully but they’ll get away with it as long as they’re powerful and rich. The president of the United States mocking a woman trying to receive justice for her trauma also drives the image home that America is a man’s country, and if a woman speaks out, no one will listen. She will only be mocked. This would be like if someone looked a little girl in the eyes and told her to her face that her voice will never matter because rich men matter more.

Those opposed to Dr. Ford’s testament claim her story is not concrete enough. I have heard people close to me say that her story doesn’t make sense because she said she couldn’t remember the floor of the house that her assault happened on. This is extremely disheartening. Imagine your breakfast cereal was poisoned. You tell everyone exactly when you ate your cereal, what store you bought it in, who your cashier was and what the brand of the cereal was. Now, imagine being asked exactly what shelf and aisle you bought the cereal from. You probably wouldn’t have an answer. Now, nobody believes you, even though you had all the other evidence. People will tell you that you made up being poisoned since you couldn’t remember which shelf your cereal box was sitting on. Continuing to compare this metaphor with Kavanaugh’s supporters. You would also be accused that you were hired by anti-cereal companies to fake being poisoned to hurt the brand of cereal you ate. Of course, sexual assault and cereal are very different things, but the point is clear. Women who have been traumatized by men of power are held to impossibly high standards.

Many also claim that the reason Kavanaugh should be nominated is because the whole trial is avoiding due process. Due process is defined by Merriam-Webster as “a course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles.” However, those arguing from this standpoint should also be reminded that President Obama was denied due process when Senate Majority Leader Mitch McConnell and the other Republicans decided that Obama’s nomination of Merrick Garland to the Supreme Court was not valid because, in a year, there would be a new president to make the decision. Let’s keep in mind that Trump hadn’t even been elected yet. This whole lack of due process started back in 2016. If we are arguing Kavanaugh should be elected so due process isn’t violated, then why didn’t Obama get to follow through with his nomination when it was his turn?

A nation’s leaders should reflect a nation’s ideals. If Kavanaugh is appointed as a Supreme Court Judge, it would hurt America’s image. In a world where America is already a laughing stock, we should be building an image of justice, equality and democracy. This entire Kavanaugh situation reflects none of these ideals.

By: Cat Whiting, Opinion Editor


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