Judge Brett Kavanaugh: Did He or Didn’t He ?

The current sex-circus surrounding Judge Brett Kavanaugh’s nomination to the American Supreme Court makes the Clarence Thomas affair look like Walt Disney by comparison. And the huge elephant in the judicial court is : Does it really matter, and if it does, what happens now.

It’s hard to feign ignorance as to the charges being brought by a number of women (currently five at the time of writing) that the judge was present and/or involved in sexual escapades, principally involving Professor Dr. Ford as a victim, as well as others (possibly) in a most inappropriate manner considering his current position. However, at the time these events allegedly occurred, the audiences in which they were said to have taken place were parties of teenagers, allegedly inebriated, including some of those bringing the charges against the judge.

And these charges are being brought at the worst time in America. For at no other time have we been so polarized at every level in society as we are today. Not only polarized but extremely fanatically attached to our set standards and opinions that there is possibly no compromise anywhere available between any of the varying antagonistic groups that exist between us all. Today, you are either fanatically left or uncompromisingly right; either fanatically Democrat or extremely Republican; either fanatically liberal or uncompromisingly conservative; either fanatically religious or extremely secular. Where does it ever stop ? Have you ever noticed how difficult and dangerous it is to have a discussion in public with anyone for fear of hurting some entrenched position or other held by the recipients ? Already both of the combatants, Judge Kavanaugh and Professor Ford have been on the receiving end of death threats. What happened to civil norms and civic debate ? The Center just imploded into bi-polar opposites. American society has become so bankrupt and bereft of civil discussion that we have to leave it to the late night comedy shows to de-intensify the apoplectic nature of American debate.

Blame it on whomever you wish – and there are plenty of candidates out there, from the President, through Congress, and the loudest selection of groups representing their own sectional interests. But it comes down to this: Will the next candidate for high public office want to undergo this Kavanaugh moment or will he/she decide it just is not worth the emotional pain and character assassination that can be directed at you from anyone, given the social media attacks that can be aimed at you from anyone, anywhere – especially if you forgot about them 30 or 40 years ago. And can there be no forgiveness for an undisciplined moment of behavior that might have been neutralized by 30 years of national service ? Or are you always going to have to answer to that indiscretion ? You would have to need an absolutely sterling character in future to pass this test of inscrutability to be acceptable to everyone.

However, the bottom line for the judge is as follows: To stand accused by one individual against your word may justify reproof and response; perhaps even against two individuals. But when there are now five making accusations against you and pointing their fingers at you, there can only be one direction for Brett Kavanaugh to go, and that is to do the decent British thing, which is to recuse himself from the appointment. Because the truth of the matter is that Trump does not really need Kavanaugh. What he needs is a hard leaning Conservative judge in the Supreme Court, and there are plenty of other choices lining up for the position. It’s Kavanaugh’s time to realize that he has just become an impossibly-to-bear albatross around the President’s (and the Republicans’) necks. Go back to his regular federal appeals court position and let the principle of loading the Supreme Court with same alike principals move forward with individuals who don’t have to worry which parties they attended while drunk decades ago, and who do not stand accused of groping and sexually molesting any gender.

Is there anyone out there who can do that ? Meanwhile Judge Kavanaugh must go, for even if he miraculously passes this test, there is no question of the stench he will cause in the highest court of the land as such issues continue to swirl around his appointment, and the horrible odor that will possibly effect any of his judicial decisions while joining his colleagues. This is a sad and terrible day for America, but it, and the Supreme Court will survive because there are just better people to choose whose integrity and character have risen to higher standards than what we have been forced to hear and watch on American TV.

About the Author
Rabbi Chaim Landau is Emeritus Rabbi and President of the Baltimore Board of Rabbis. He served the Bnai Jacob Congregation and later Ner Tamid Congregation in Baltimore. He was born in the UK, graduated Jews College with Bachelors Degree in Jewish Studies, has Smichah from Israel.