Tuesday September 25, 2018
With the addition of a second woman alleging sexual misconduct of Brett Kavanaugh, it is still not clear what factual disputes will have to be addressed before a final confirmation vote occurs in the Senate. Putting aside questions over late timing of the allegations, there is agreement that the Senate will have to consider both the allegations of Dr. Christine Blasey Ford and the new allegations of Deborah Ramirez. What is far more troubling is the continued disagreement on the standard that Senators should use in considering the allegations. While objecting that their Republican colleagues are not prepared to give the women an “impartial hearing,” various Democratic senators have declared (before any testimony is heard) that they believe Dr. Ford – and thus do not believe Judge Kavanaugh. That is troubling enough, but Sen. Mazie Hirono (D., HI) has introduced a far more troubling element in suggesting that she may decide the factual question on the basis of Kavanaugh’s jurisprudential views.
Hirono has previously declared that she believes Ford even before hearing either in testimony before the Committee. She also told all men everywhere to “shut up” and just stand with Ford. In her latest interview, Hirono was pressed on whether Kavanaugh has “the same presumption of innocence as anyone else in America?” For most people, the question would be an easy one to answer in the affirmative, Hirono demurred and declined to say that she would afford Kavanaugh this core presumption of the rule of law. She said that she would “put his denial in the context of everything that I know about him in terms of how he approaches his cases.” She said that she would consider his “ideological agenda” and her view that “he very much is against women’s reproductive choice.”
Hirono’s mixing of factual with ideological considerations further degrades a process that is already deeply undermined by last minute allegations and partisan bickering. It is also curious to see a senator tie credibility on sexual misconduct to one’s view of Roe v. Wade. Bill Clinton, Harvey Weinstein, Matt Lauer, Al Franken and others were all reportedly pro-choice but also labeled as abusers.