Why I Don’t Buy the Arguments to Vote for Kavanaugh

This afternoon, the Senate–after weeks of rancor and the bathetic hem-hawing of folks like Flake–will vote in Kavanaugh as the Ninth Justice of the current Supreme Court. I should technically say that they “likely” or “all-but-certainly” will, but precision devalues the sheer force pushing confirmation. So, unless God himself smites the Capitol Monty-Python style, hello Chief Justice Kavanaugh.

I haven’t written here in a while, though I have been meaning to, and perhaps those now-unfinished posts may make their way up here. But like many, the Kavanaugh confirmation, long-since troublesome, has consumed my thinking the past two weeks after Ford’s accusations and subsequent testimony. Considered a referendum on the #MeToo movement, the debate over Kavanaugh certainly represents a crucible-rupturing focus on gender politics in an already fraught era. It has also brought up issues of judicial impartiality and temperment, the institutional credibility of the court, and the stability of centrist and liberal provisions eked out over the past decades.

All of these are important conversations, as are the testimonies of Ford and Kavanaugh, the political background of Kavanaugh, the procedural issues of the confirmation, the veracity of his two other accusers, and many more issues. However, I mainly want to focus on the arguments of those in favor of the Kavanaugh vote, as I see them.

I want to take these at face value, though I suspect like so much in this era, they lack the sincerity of their delivery. I do this knowing that it makes no difference. Having called public servants, donated to causes, talked with friends, and gone to protests–done all in my current power, in other words–I feel that it may at-best be an intellectual exercise. Nevertheless, as a teacher and student of rhetoric, I think it’s important to look at the arguments that govern major political and policy decisions and define our country for our lifetimes and beyond.

As such, I see three main arguments, summarized and addressed below. And, yes, I am biased. I do not want Kavanaugh, but being biased does not preclude academic fairness. And frankly, I don’t think these arguments deserve that fairness, but many Americans (cough, Republicans) support him, so here we go.

Gif of woman shrugging tiredly with the phrase "Here we go" below

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