Much has been said over the past month about Supreme Court nominee Brett Kavanaugh…

… especially as regards his behavior during his high school and college days, at the elite Georgetown Preparatory Academy and Yale University respectively. As of this writing, three women have come forward with accusations of sexual misconduct against Kavanaugh: Julie Swetnick, Deborah Ramirez, and most notably Christine Blasey Ford.

Much has been made of Dr. Ford’s accusations, including extensive media coverage, a Senate Judiciary Committee hearing, and now an FBI investigation. Though initially hamstrung by the White House, the investigation has since broadened, potentially to include testimony from Judge Kavanaugh’s other accusers, as well as numerous friends, witnesses, and other potential sources whose recollections could prove germane. These accusations alone are enough to cast a serious pall on the judge and his suitability for the Court.

While just a month ago, his confirmation seemed all but assured…

… recent developments have placed it on much shakier ground. While Republicans hold a slight (51-49) edge in the Senate–as well as Vice President Mike Pence’s tie breaking vote, if necessary–and a party-line vote would result in his confirmation, several Republicans have voiced concerns about Kavanaugh’s fitness to serve on the Court. These include Senator Susan Collins, of Maine; Senator Lisa Murkowski, of Alaska; and most importantly Senator Jeff Flake, of Arizona. Indeed it was Flake who, in a meeting of the Judicial Committee last Friday, requested an FBI investigation prior to a floor vote on Kavanaugh. Assuming that Senate Democrats unanimously vote against confirmation, should any two of these moderate Republicans break from the party line, Kavanaugh’s nomination will be dead in the water.

The government functions (in theory, at least) at the consent of the governed; thus, public distrust in all three of its branches could potentially destroy an already shaky foundation.

The allegations of sexual misconduct have brought Judge Kavanaugh’s propriety into question…

… and have thus far served to slow the confirmation process significantly. However, as we learned from the Anita Hill episode and subsequent confirmation of Justice Clarence Thomas, accusations of these kind alone haven’t been enough to derail this process in the past. 1991 was indeed a much different time than the current #MeToo era, but given the public proclamations of many Republican senators, even after Dr. Ford’s emotional testimony, the precedent set by the Thomas hearings still seems to hold, at least on Capitol Hill.

For this reason, it is important to examine the myriad other ways in which Judge Kavanaugh has proven himself unfit for a lifetime appointment to the highest court in the land–and the one branch of the United States government that still maintains the relative trust and approval of the American public. While the approval rating of the legislative branch hovers just above single digits, and the executive branch under President Trump has consistently fallen to new lows, the judicial branch has actually seen new highs in public approval.

To undermine that trust, and drag the judicial branch down to the level of the rest of our federal government…

… would be catastrophic for the American republic. The government functions (in theory, at least) at the consent of the governed; thus, public distrust in all three of its branches could potentially destroy an already shaky foundation. (Just google “Russia election hacking” for a primer on this.) Confirming Judge Kavanaugh would go a long way towards eroding that final bastion of public trust.

For the entirety of its existence, the Supreme Court has been seen to function “above the fray” of partisan politics that characterizes Washington. While ideological differences are common, even critical to the Court’s function, these are differences of political philosophy, of interpretation of the Constitution, and of each justices’ own reading of existing laws and legal precedents. Whether a justice is an Originalist, a Structuralist, a Functionalist, etc. is not a partisan issue. In fact, justices have routinely gone out of their way to avoid partisanship in both their confirmation hearings and in their opinions.

By breaking with precedent as old as the Court itself, Kavanaugh showed–in front of the whole country, no less–that he does not possess the cool-headedness to occupy a seat on the Supreme Court.

In his testimony last Thursday, Judge Kavanaugh shattered this tradition.

Rather than the reserved, dignified demeanor we’ve come to expect from our Justices and potential Justices, Kavanaugh resorted to petty partisanship, and even hostility, almost immediately. Though he did not identify himself as a Republican (though his history leaves little doubt to that fact), he directly attacked the Democratic party on a political basis, rather than an ideological one; going so far as to call out the Clintons and disaffected Democrats unhappy with the election of President Trump and his nomination:

“This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-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 in money from outside left-wing opposition groups.”

He also called the allegations a “grotesque and coordinated character assassination,” again singling out the Democratic Party as the perpetrators. These outbursts and accusations do not suggest the character and demeanor one must possess to serve on the highest court in our country; where reason, logic, and spirited debate (not name-calling and baseless partisan attacks) are the necessary tools of the trade. By breaking with precedent as old as the Court itself, Kavanaugh showed–in front of the whole country, no less–that he does not possess the cool-headedness to occupy a seat on the Supreme Court.

The possibility that Kavanaugh lied under oath is something that even President Trump has acknowledged as “unacceptable.”

Republicans seem to have a different take on Kavanaugh’s outbursts…

Some, including Senator Lindsey Graham of South Carolina, went so far as to praise his performance. Despite this, though, Republicans may have more to worry about than the public’s (and perhaps some of their colleagues’) reaction to Kavanaugh’s “performance.” While the GOP may have seen Kavanaugh’s testimony as a firm and fiery rebuke to an “orchestrated smear campaign,” his answers (given under oath) also left little room for interpretation.

As a teenager and in college, he says, he lifted weights, played sports, and drank beer (but only in moderation).

Recent reports, however, seem to tell a different story. Several of Kavanaugh’s contemporaries at Georgetown Prep and Yale have painted a different picture than that portrayed before the Judiciary Committee; with an FBI investigation in full swing, any discrepancy could prove to be the judge’s undoing. There are now reports of bar fights, lewd behavior, and indeed, heavy drinking. And while it may prove difficult to ascertain beyond any doubt the facts of what occurred in the summer of 1982 between Judge Kavanaugh and Dr. Ford, the possibility that he lied under oath is something that even President Trump has acknowledged as “unacceptable.”

Perhaps, much like former Presidents Nixon and Clinton, the deeds themselves won’t be his undoing, but his dishonesty regarding them will be.

The most recent developments may prove to be the most problematic for Judge Kavanaugh.

In his sworn testimony he iterated that he did not hear of Deborah Ramirez’s allegations until they were published in the New Yorker on August 23rd. According to a breaking NBC news story, however, it seems that Kavanaugh and his team were actively working to discredit these reports before they were published. Text messages obtained by the news organization (as well as sent to the FBI) detail the judge’s efforts to rally friends and witnesses to his defense in the days leading up to the story’s publication.

Not only could these actions be potentially construed as witness tampering, or even obstruction of justice, but they directly contradict Judge Kavanaugh’s sworn testimony. Several of the people involved have gone on the record to contradict the nominee’s recollection, even providing screenshots of text messages to corroborate their claims.

Should this prove to be true, it could be the killing blow to Kavanaugh’s nomination.

While the FBI may indeed face extreme difficulties in piecing together events from thirty-five years go, events from a month ago are well within their reach. Perhaps, much like former Presidents Nixon and Clinton, the deeds themselves won’t be his undoing, but his dishonesty regarding them will be.

If the court is reduced to the petty partisan squabbling that characterizes the legislative and executive branches, the results could be catastrophic for our republic.

Again, the accusations made by Dr. Ford, Ms. Ramirez, and Ms. Swetnick are horrifying if true, and absolutely should disqualify anyone from serving on the Supreme Court. These allegations deserve a full and fair investigation and hearing, and we can only hope that the truth will come to light. Beyond that, however, the way in which Judge Kavanaugh has comported himself in their wake has been itself a gruesome spectacle. He has broken with procedure and precedent, tainting the highest court in the land in doing so, and by all indications would bring his uncouth, partisan demeanor to a body wherein it has no place.

His testimony to the committee bordered on belligerent…

… even approaching hostile (see especially his exchange re: “blacking out” with Senator Amy Klobuchar of Minnesota), and was a drastic departure from what we expect, and ought to demand, from those nominated to take up the black robe and lifetime appointment to this nation’s court of last regard. And if the most recent reports are to be believed, he was also untruthful in his testimony. Each of these transgressions alone ought to be enough to scuttle his nomination, and yet he still stands just a floor vote away from a lifetime appointment. This is not a partisan issue. This is about maintaining the sanctity of the Supreme Court, the one branch of government in which the American people still have some trust.

If the court is reduced to the petty partisan squabbling that characterizes the legislative and executive branches…

… the results could be catastrophic for our republic. Petty partisan differences must be checked at the courtroom door, with honesty and integrity alone allowed through.

Brett Kavanaugh fails this test on all counts, and as such, has no place on the Supreme Court.