Rush to Judgment

What’s the Rush?

Do it Right this Time

What’s the rush to hold a vote on Judge Brett Kavanaugh’s nomination to the United States Supreme Court?

The Senate Judiciary Committee scheduled a hearing on Dr. Christine Blasey Ford’s

 accusations of sexual assault against the nominee for this coming Monday. Dr. Ford’s requested a short delay and rules to ensure a fair hearing and her safety. Grassley already rejected her request for an FBI investigation into her allegations but has offered to have the hearing next Wednesday with questioning to be conducted by an independent lawyer. Dr. Ford is still considering this offer. Committee Chairman Sen. Charles Grassley seems hell bent on getting the distraction caused by Dr. Ford over with so his committee can vote to confirm Kavanaugh’s nomination and pass it on to the full Senate. 

This is no longer 1991 when Prof. Anita Hill leveled sexual misconduct accusations against another Supreme Court nominee, Clarence Thomas. Hill’s appearance before the same committee in that year played out on TV and showed the nation what little regard the male Senators had for issues of sexual violence against women. Some of the same Senators who dismissed Prof. Hill then still sit on the Judiciary Committee today and we will soon learn if they have made any progress on women’s issues in the decades that have passed. 

Dr. Ford’s life has already been turned upside down after she revealed her claims publicly in an interview with the Washington Post. She has received death threats, had her email hacked and had to leave her home for the safety of her family. She has every reason to request an independent investigation into her allegations so that there is more than a “she said, he said” record before the Committee hearing. While Kavanaugh’s original FBI background check has been completed, all President Trump has to do is ask that it be re-opened to include Dr. Ford’s claims. So far, Trump has failed to make that request.

Prof. Hill correctly pointed out in an opinion piece in the New York Times on Tuesday that the Senate lacks any kind of protocol for handling claims like those she and Dr. Ford have made. She suggests the outline for one that makes a lot of sense and would take much of the partisanship out of the process.

Prof. Hill suggests that Senators make both claims of sexual violence and the integrity of the judiciary priorities and craft rules that acknowledge the importance of both. Next, she proposes that a neutral body, well versed in sexual violence cases, be tasked with investigating the claims and issuing a report for the Committee to use when it develops questions for a fact-finding hearing. The Committee should also rely upon advice from experts in the field of sexual violence as the hearing unfolds to avoid many of the myths often raised to counter women’s claims, like the “failure to report, therefore she’s lying” claim Trump made Friday. Hill joins the voices calling for a delay in the fact-finding hearing so that a proper investigation of Ford’s claims can be conducted. Finally, Prof. Hill suggests calling Dr. Ford by her name and not referring to her as an accuser or other loaded terms. 

Unfortunately, Prof. Hill’s suggestions are likely to fall on the tone-deaf ears of highly partisan Senators who need Judge Kavanaugh confirmed before the Supreme Court’s new term begins on the first Monday in October, not to mention the mid-term elections that take place a little over a month later. The shaky GOP Congress does not want a slew of 4-4 votes from the Court when a clear 5-4 majority is close at hand. 

There are substantial downsides for the GOP rush to confirmation looming as well. Confirming Kavanaugh’s nomination without holding a meaningful investigation and a fair fact-finding hearing on Dr. Ford’s claims will further alienate suburban women who are already jumping from the GOP ship in droves over Trump’s treatment of women. If the male-dominated Senate pushes Dr. Ford aside, many of those up for re-election in the up-coming mid-terms will not fare well in the backlash.

The #MeToo movement and the passage of time since Prof. Hill was raked over the coals must have had some impact on those in the Senate with any compassion for women who have suffered from sexual violence. Hopefully, Senators Collins and Murkowski will join with Sen. Jeff Flake and slow the train by voting “no” if Kavanaugh’s nomination comes up for a speedy confirmation vote in the full Senate. The ten democratic Senators facing re-election in states that Trump won will have to stand strong as well. A dismissive treatment of Dr. Ford’s claims will make that an easier vote for them all. 

We have reached a pivotal moment in our history. We will soon see how those we elected to represent us choose to treat women’s claims of sexual violence by the prominent and important. They need to start taking women seriously.