Opinions

The U.S. Supreme Court deserves much ‘Bretter’ than Kavanaugh

Judge Brett Kavanaugh, the former White House staff secretary and current circuit judge for the U.S. Court of Appeals for the District of Columbia Circuit, has defeated all odds and solidified his nomination for associate justice of the United States, under President Donald Trump’s administration. If confirmed, he would replace retired Associate Justice Anthony  Kennedy, best known for being the Supreme Court of the United States’ swing vote.

During his four-day Senate Judiciary Committee meeting, Kavanaugh revealed little about himself that was not already known to the public. He is already perceived by many as “pro-law,” anti-abortion, sometimes pro-Second Amendment and pro-Federalist Society.

Partisan bickering almost overshadowed Kavanaugh as Democrats claimed Republicans withheld documents concerning the Republican poster boy’s time under George W. Bush, while Republicans claimed Democrats were making excuses to delay the vote.

Nevertheless, Kavanaugh presented himself as a calm and collected independent judge as he evaded political stances on key issues introduced by Democrats, and survived his quiz on the Federalist Papers and Declaration of Independence, as given by the Republicans.

There were about a dozen women silently standing outside the hearing room, dressed in red gowns from Hulu’s award-winning TV show, The Handmaid’s Tale, as a form of protest against his position on women’s rights. When faced with these protesters, Kavanagh dawned a poker face that would put even Lady Gaga to shame.

Trump asserted that his SCOTUS nominees would be “pro-life,” but when asked about Roe v. Wade, Kavanaugh claimed that it is “settled law.”

Funny how he recently dissented in Garza v. Hargan, claiming that an undocumented, immigration-detained teenager is not entitled to “abortion on demand” unless there is a sponsor present. The ruling disregards the basic human rights of undocumented immigrants.

Kavanaugh has claimed that he’s commited to hiring women and minorities when asked about affirmative action. Yet, a 2001 email insinuates his doubts about its effectiveness, calling a program that would give more funding to minority-owned contractors a “naked racial set-aside.”

Perhaps experience evolved his views, but any threat to the progress of minorities in accessing opportunities is serious, especially when minorities still encounter prejudices.

Kavanaugh assured the Senate that no president is “above the law,” but in 2009 he wrote that any presidential investigation should be postponed until the president leaves office. Kavanaugh’s views on executive power are not reassuring, especially when Trump may face future indictments in the Mueller investigation.

Honestly, Democrats are still recovering from the Republican-instilled burn of failing to hold confirmation hearings for Obama-appointed Judge Merrick Garland, and instead confirmed Trump-appointed Judge Neil Gorsuch.

If Republicans sacrifice a moderate as an aloe vera peace offering to relieve the burn on Democrats, both parties must focus on creating an independent Supreme Court like the Constitution intended.

Kavanaugh, who will be confirmed unless a couple of Republicans cross over to the Democratic side, won’t be the moderate voice that SCOTUS needs.

When the Supreme Court is evenly split, he will establish a conservative majority.

Therefore, the Supreme Court needs someone who understands the plights of everyone during such a divisive time — not one who will further polarize the U.S. by advancing Congress’ agenda and not the people’s.

So, Brett Kavanaugh? More like Brett Kava-No.

September 20, 2018

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Pabvitraa Ramcharan


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