Our current political climate is highly polarized; there is no question about that. The magnitude of political tribalism, displayed by both Democrats and Republicans, has arguably soared significantly because of and since the 2016 presidential election. Yet, despite changes party structure and public opinion the United States Constitution guarantees that at least nine Americans will remain politically neutral – the Supreme Court justices.
Justice Brett Kavanaugh, however, has shown us nothing but the opposite. While he was still just a Supreme Court nominee, Kavanaugh answered in front of the Senate Judiciary Committee for sexual assault allegations put forth by Dr. Christine Blasey Ford. Dr. Ford, a psychology professor at Palo Alto University, accused now Justice Kavanaugh of sexually assaulting her while the two were still at high school. Addressing the Senate Judiciary Committee he said:
“This whole two week effort has been a calculated and orchestrated political hit, fuelled with apparent fed up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons, and millions of dollars of money from outside left-wing opposition groups.”
Justice Kavanaugh’s words are plainly partisan. And they counter his perception of himself as a politically impartial judge. Later in the address, he states that “a federal judge must be independent,” while still characterizing Dr. Ford’s allegations as an organized left-wing vendetta against his character.
The Democratic agenda he is alluding to is not the thing that damages his character and track record as a judge. It is rather his own demeanor and word choice during the hearing. Both Democratic and Republican senators, and most notably Arizona Republican Jeff Flake, expressed concern about Justice Kavanaugh’s demeanor during the hearing. A Supreme justice should not just be impartial, but calm and measured in his words.
The court is not supposed to act as an extension of any political party. For it to do so would undermine its legitimacy as an important bolt in the in the U.S. political system as the only independent branch. If we lose faith in the Supreme Court and let it become the third political branch of government then the state of democracy could be at stake.
