As we wait for the results of the 7th Kavanaugh investigation it gives time to reflect on the proceedings and the future implications going forward. Without a doubt this has forever marred future Supreme Court Justice nominations. Not surprisingly, only when a Republican president nominates a Supreme Court Justice is it ever this divided on party lines. Once again the double standard reveals itself. Consider for a moment that Ruth Bader Ginsberg, arguably the most extreme and liberal Supreme Court Justice ever and nominated by Bill Clinton, was voted in 96-3. Only when a Republican nominates a justice is it ever this painful and close. You can make arguments both ways regarding Garland but the decision seemed pretty reasonable given the timing of it.
A larger thought as the country becomes ever more divided and diverse. Would you still want to be judged by a jury of your peers in 2018? Consider the case of Kavanaugh. He was accused without any evidence from a woman who can’t even remember the year that she claims this happened. And yet, half of the country is completely okay with this kangaroo court fiasco. Would you really feel comfortable with them if you were on the stand for a rape accusation and there was zero evidence whatsoever against you? Could you be that confident that they’d rule in your favor when we know that half the country makes the bulk of their decisions purely based on feelings and not facts?
Or how about a case where a person of color is on stand for a crime where there is a lot of evidence supporting the accusation. Would it be that far fetched to see a jury of mostly people of color vote on racial lines and claim something ridiculous like institutional racism for validation of letting him or her off? Or even just a run of the mill immigration case. Where half the country doesn’t even want laws or borders I wouldn’t be confident they’d judge the case dispassionately and purely rationally.
Diversity here, as pretty much everywhere else, is not our strength. We’ve seen this even with those who are supposedly held to a higher standard. How many judges of color made ridiculous decisions, usually politically motivated, which is supposed to NEVER happen? President Trump was entirely justified in his travel ban in 2017. Obama did a similar ban in office with little resistance. How many times was Trump’s ban shut down on absolutely ridiculous grounds? They held the country hostage on political motivations in decisions they should never have had the power to make in the first place.
As the country becomes more diverse these are serious issues that need to be addressed. I honestly don’t know how to proceed going forward if we’re to continue diversifying our country into extinction. I do not have an answer for how to fix this in those conditions. I’m skeptical it can be fixed under those conditions.