https://quadrant.org.au/magazine/2018/12/kavanaughs-trial-by-ordeal-burning-truth-in-effigy/
The news from Washington is that 85-year-old Ruth Bader Ginsburg, the lionised liberal so often depicted as the Supreme Court’s heroic bulwark against Trumpism, has lung cancer. When the time comes, will it be possible to find a replacement prepared to face the Jacobin accusations and evidence-free slanders heaped on a blameless man?
The smearing of US Supreme Court nominee Brett Kavanaugh was hardball politics at its most disingenuous. The stakes were unambiguous. The Democrats and their supporters wanted to delay and derail his nomination. The tactic was to wait till the end of the regular nomination hearing and then leak an accusation that the judge was guilty of sexual misconduct. Base politics for sure, but Democrats had tried twice before to derail a Supreme Court nomination with confected allegations. So the ploy was not surprising. Republicans kept their nerve. They patiently navigated three weeks of brutal character assassination of a major public figure with a spotless track record.[1] In the course of those days the Democrats attempted to turn the supplementary Senate Judiciary Committee hearing into a show trial. As that unfolded, the very nature of “Brett Kavanaugh” changed. He was transformed from a nominee for America’s highest court into a symbol of America’s political division.
A part of Kavanaugh’s trial by ordeal was simple political payback. Kavanaugh had worked under Ken Starr at the Office of Independent Counsel investigating legal matters related to Bill Clinton’s sexual conduct. Kavanaugh’s appointment as a Circuit Judge to the US Court of Appeals for the District of Columbia was blocked by Democrats for three years during the George W. Bush presidency.[2] The Kavanaugh imbroglio, though, turned out to be much more than just opportunistic payback. The two weeks of attempted trashing of Kavanaugh’s life and reputation tapped a much deeper vein in American life. A tsunami of protest, pressure, intimidation, bluster, stunts, grandstanding, demagoguery, defamation and table-thumping erupted across much of left-leaning America, leaving moderates and conservatives shocked.
At a certain point the Kavanaugh hearing stopped being about him. Instead it become a reckoning of the broader America society with itself, in particular a reckoning about the nature of truth. The Democrats put truth on trial. The result was disturbing. The Kavanaugh ordeal revealed that long-observed and once keenly-held notions of evidentiary truth have been rejected by a substantial minority of Americans, many of them in the vocal professional-managerial elite.[3] Evidentiary truth means that an allegation or claim that we make about serious matters needs to be backed up with compelling facts and independent observations before it can be accepted.