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Cover Story

Judge Kavanaugh v. Dr. Ford, Et. Al. and the Implosion of the SCOTUS Nomination

By Dr. Walter C. Farrell, Jr., PhD, M.S.P.H. Columnist

The Kavanaugh controversy has caused more professional and working-class women to reconsider their existing conditions and to begin to believe that electing more women to office will improve their overall fortunes.

September 27, 2018 5 min read Free to read

Trump’s children, Ivanka, Don Jr., and Eric may be indicted for state and federal corruption crimes which would limit the ability of their father to pardon them.

Today, beginning at 10:00 am, Dr. Christine Blasey Ford is supposed to be on the hot seat before the U.S. Senate’s Judiciary Committee to defend her sexual assault allegations against SCOTUS nominee, D.C. Appeals Court Judge Brett Kavanaugh. If confirmed, Kavanaugh would be the second alleged sexual predator to ascend to the U.S. Supreme Court from the D.C. Circuit which would be a new record for all U.S. Circuit Courts of Appeals. (It should be noted that the D.C. Circuit had held the previous record when Judge Clarence Thomas was promoted to SCOTUS.)

The Republicans are hell bent on pushing Kavanaugh’s nomination through the process to cement a 5-4 conservative majority on the Court for a generation in an effort to overturn Roe V. Wade, repeal gay marriage, and give religion a higher primacy in our government. The most prominent sexual predator, former Alabama Supreme Court Judge Roy Moore, an alleged sexual Pedophile, came out ‘strongly’ for Kavanaugh. It is interesting that those politicians accused of sexual crimes repeatedly use the terms ‘strong or strongly’ to deny their culpability in these offenses, especially our President, Donald J. Trump.

But Republican male and female politicians are signing on to approve these depraved acts and to aggressively support Kavanaugh: Josh Hawley, Missouri’s Attorney General and U.S. Senate candidate; U.S. Rep. Kevin Cramer and North Dakota’s U.S. Senate candidate who suggested that even if Kavanaugh committed the felony it should not be disqualifying for a seat on America’s highest court; and U.S. Rep. Marsha Blackburn, candidate for Governor in Tennessee, has called the Democratic opposition to Kavanaugh a publicity stunt and said she would vote for his confirmation if she were a Senator.

In Missouri, incumbent Democratic Senator Claire McCaskill, who is running in a dead heat with her Republican opponent, Josh Hawley, has come out firmly against Judge Kavanaugh despite her standing in the polls. Meanwhile, Hawley has joined Trump with a ringing endorsement of Kavanaugh. This is MacAskill’s third race in which she started out as an underdog. In 2006, she narrowly defeated incumbent Republican Senator, Jim Talent, who had earlier defeated an appointed Democratic incumbent, Jean Carnahan (50% to 49%) in 2002. In 2012, McCaskill defeated Todd Akin who said that rape rarely causes pregnancy which was the key to her trouncing him 54% to 39% in a race that began as a tight contest. Her current race against Hawley is showing a similar trend, but she will pull it out with her ground game and Hawley’s error in endorsing Judge Kavanaugh.

In addition, the sexual predator allegations against Kavanaugh are motivating women of all ethnic and racial groups to vote for Democrats in the upcoming elections which are also aided by the number of female candidates running for office who won primaries, many of them in upsets. Women will decide elections in Democrats favor in both Red and Blue states. Their turnout will be larger than it was in 1992 when they responded to the misogynistic treatment of Atty. Anita Hill who was demeaned and humiliated by the same Senate Judiciary Committee for being brave enough to bring her sexual assault accusations public against D.C. Appeals Court Judge Clarence Thomas.

But this is not the only profession in which women are being subjected to contemptible behavior and treatment in large numbers. Among others are K-12 public education where women are underpaid, undervalued, and deprived of the necessary resources to effectively do their jobs; social work where a largely female profession is overworked and overloaded with increasingly more difficult cases; and nursing where females are being given growing responsibility without the authority and pay, all the while facing sexual harassment and assaults that are being ignored. The Kavanaugh controversy has caused more professional and working-class women to reconsider their existing conditions and to begin to believe that electing more women to office will improve their overall fortunes.

As we go to press, Atty. Michael Avenatti has released the sworn declaration of Julie Swetnick, a third woman, who has accused Judge Brett Kavanaugh of “… sexually assaulting her at a party the two attended as teenagers …,” and she is willing to testify before the Senate Judicial Committee under penalty of perjury. She also has corroborating witnesses.

After these additional allegations against Kavanaugh are vetted, he is unlikely to be confirmed. And he will be quickly replaced with Trump’s nomination of Seventh Circuit Court of Appeals Judge Amy Coney Barrett, who is more right-wing than Kavanaugh. In the aftermath, Trump will go off the political rails as he will view the rejection of Kavanaugh as proof that the public also believes he is also guilty of sexual assaults (which he likely is).

However, Democrats may stumble toward defeat despite Republican missteps as there is still internal grumbling about whether Nancy Pelosi will remain their leader if they flip the House. Although no consensus has emerged around her successor, Pelosi has raised more than $100 million for Democratic candidates and will be the primary person responsible if Democrats retake the House. Therefore, Democrats need to stay laser-focused on winning as the first matter of political business rather than targeting Pelosi.

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