https://www.usatoday.com/story/opinion/2018/09/19/brett-kavanaugh-christine-blasey-ford-mazie-hirano-believe-survivor-column/1358923002/
Democratic senators say they believe Brett Kavanaugh’s accuser, Dr. Christine Blasey Ford, but belief before the hearing isn’t blind justice. It’s bias.
It is a growing mantra on and off Capitol Hill. Both members and commentators have insisted that Christine Blasey Ford “has a right to be believed.” Hawaii’s Democratic Sen. Mazie Hirono not only has insisted that she and other women alleging abuse “need to be believed,” but men need to “just shut up and step up.” It is a jarring disconnect for members who insist that they confirm a nominee who will approach legal questions with a fair and open mind while dispensing with such considerations in their own treatment of his nomination. The fact is that Ford has a right to be heard and to be treated fairly. Neither she nor Kavanaugh have a right to be believed on the basis for an allegation or a denial.
Throughout the confirmation hearings, Democratic Senators pressed Kavanaugh as to whether he was a lock for business and corporate interests — favoring certain types of litigants and not giving a fair hearing to others. Sen. Sheldon Whitehouse denounced the conservatives on the Court — and by extension Kavanaugh — as changing their approach based on who was making allegations. He decried conservative jurists who spared corporate or business litigation from what they viewed as the “indignity of equal treatment.”
Kavanaugh and Ford deserve blind justice
Yet, the touchstone of legal process is neutral, consistent, and fair review. That means that no one has an advantage because who they are or what they represent or what they are alleging. Law is objective and, yes, blind.
These politicians however insist that blind justice means turning a blind eye to abuse. Various Democratic senators announced within days of Ford’s allegations that they believe her, including Minority Leader Chuck Schumer. Hillary Clinton and others have insisted that the test is whether you believe any woman alleging abuse. Clinton declared “I want to send a message to every survivor of sexual assault … You have the right to be believed, and we’re with you.”