Brett Kavanaugh: Can he really sit on the US Supreme Court dishing out morality now?

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The question should not be whether a 35-year-old allegation regarding teenage behaviour should derail a career, but whether the unanswered question — is the allegation true? — is tolerable when it hangs over a US Supreme Court justice forever after.

Realistically, that may never be answered, so can Brett Kavanaugh ever sit on the court dishing out morality to the American people?

Such is the complex moral question roiling the nation as the confirmation of the Supreme Court nominee is threatened by something he's alleged to have done when drunk and 17.

Brett Kavanaugh's factbox Age: 53 (born February 12, 1965 in Washington, DC)

53 (born February 12, 1965 in Washington, DC) Education: BA, Yale University 1987; JD, Yale Law School 1990

BA, Yale University 1987; JD, Yale Law School 1990 Since 2006: Judge in US Court of Appeals for District of Columbia Circuit

Judge in US Court of Appeals for District of Columbia Circuit 2003-06: Staff secretary to president George W Bush

Staff secretary to president George W Bush 2001-03: White House counsel's office

White House counsel's office 1997-98, 1999-2001: Partner at Kirkland and Ellis law firm

Partner at Kirkland and Ellis law firm 1994-97: Associate counsel at Office of Independent Counsel Kenneth Starr

Associate counsel at Office of Independent Counsel Kenneth Starr 1993-94: Law clerk, Supreme Court Justice Anthony Kennedy

Law clerk, Supreme Court Justice Anthony Kennedy 1992-93: Office of Solicitor General

In this era of #MeToo, even the President has been surprisingly tempered in his use of language towards the judge's accuser Christine Blasey Ford, who is under pressure to testify on the matter, delaying the confirmation process.

"I don't know about the other party, but Judge Kavanaugh is anxious to do it, and a delay is certainly acceptable," Mr Trump said in the Oval Office on Tuesday.

"We want to get to the bottom of everything. We want everybody to be able to speak up and speak out."

That said, he has expressed sympathy for the judge and his family rather than the alleged victim, joining a GOP chorus suggesting that Democrats are using the allegation to delay confirmation hearings until after the mid-terms.

There's no doubt some superb timing in all of this for the Democrats, who favour an FBI investigation ahead of any testimony in front of the judicial committee.

But in the middle of it all is a woman who says she's been carrying this around for more than three decades and has now had to go into virtual hiding due to threats since the allegations became public (not by her choice).

Professor Ford, a 51-year-old research psychologist, alleges that the now Supreme Court nominee forced himself on her and sexually assaulted her at a party in Maryland when they were both teenagers.

She got away, but has provided medical notes from therapists showing she's struggled with men and relationships since. A polygraph test found she was telling the truth. This article sets it out in detail and is worth a read.

Mr Kavanaugh has outright denied the claim, as have several of his friends who were said to have been there that night. For some context on that, see this piece on Mr Kavanaugh's high school mate Mark Judge and what sounds like a pretty awful alcohol culture back then at private school Georgetown Prep in Maryland just outside DC.

The White House press office issued the following statement from Mr Kavanaugh:

"This is a completely false allegation. I have never done anything like what the accuser describes — to her or to anyone."

The nation is split.

Did Mr Kavanaugh do it? What if he did? Do the actions of a 17-year-old, who has since led a seemingly fair and lawful life, carry over to age 53?

"Every one of us has a moral bank account," conservative columnist Dennis Prager writes.

"If our good actions outweigh our bad actions, we are morally in the black; if our bad actions greatly outweigh our good actions, we are morally in the red. By all accounts — literally all — Brett Kavanaugh's moral bank account is way in the black."

This is a worthwhile thing to consider. Do good actions cancel out bad ones over time, and indeed, do bad decisions, if they lead a person to recognise them and choose a better path, create a more whole, worthy individual in the long run?

In this case, that may not wash.

Breaking down the case

Firstly, if the allegation IS true, a person was hurt and has never recovered from something that some have characterised as possible horse play for a couple of 17-year-old boys, but that was truly terrifying for a 15-year-old girl.

Secondly, Mr Kavanaugh has not admitted he made a mistake and learned from it. He's simply denied it ever happened.

And finally, Mr Kavanaugh is not running for the House or the Senate or for president, offices in which flaws are tolerated and even valued, especially if they're admitted.

The whole thing has cast doubt on his character, and that will be hard to shake when the allegation will be impossible to fully prove or disprove so long after the event.

The Supreme Court is an institution that rules on whether women can have abortions, whether gay people can get married, whether certain forms of discrimination are allowed, and the gamut of complex moral and ethical questions of our time.

In short, the judges need to be squeaky clean to dictate everyone else's behaviour.

Or do they? Remember Anita Hill and Clarence Thomas, who was confirmed despite allegations of sexual harassment during the same process in 1991?

It's worth noting that 1992 became known as the Year of the Woman, when more new women were elected to the Senate than ever before.

Professor Ford has indicated she is prepared to testify next week if fair terms can be reached and her safety guaranteed. She's been receiving death threats since the allegation came out.

Speaking of the law …

"I don't have an attorney-general. It's very sad," the President told The Hill in an interview this week in relation to the beleaguered Jeff Sessions.

"I'm not happy at the border, I'm not happy with numerous things, not just this.

"I'm so sad over Jeff Sessions because he came to me. He was the first senator that endorsed me. And he wanted to be attorney-general, and I didn't see it."

It's somewhat amazing that Mr Sessions is still there, given how long this fight with the President has been going on for, to be honest.

Mr Trump doesn't want to sack him because that would look bad, and Mr Sessions won't resign.

So here we are.

It was "no comment" from Mr Sessions who looks set to survive until after the mid-terms at least.

Trade wars …

The administration has slapped China with another US$200 billion ($274 billion) in tariffs to go into effect next week at 10 per cent and then jump to 25 per cent on January 1.

China retaliated with $82.25 billion in tariffs on more than 5,000 items from the US.

The President was unimpressed with the retort.

Economists are predicting the tariffs could reduce US economic growth by 0.2 per cent this year.

And the administration's much vaunted tax cuts could disappear as the cost of everyday items goes up.

"These tariffs are going to be paid for by the working families who drive our economy," said Jonathan Gold in the New York Times.

He's a spokesperson for a business group called Tariffs Hurt the Heartland.

"Tariffs are taxes, plain and simple. By choosing to unilaterally raise taxes on Americans, the cost of running a farm, factory or business will grow. In many cases, these costs will be passed on to American families," he said.

But the President disagrees.

"It will be a lot of money coming into the coffers of the United States of America. A lot of money coming in," Mr Trump said.

Although Mr Trump says he is open to talking with China and he considers President Xi Jinping his "friend", no negotiations have been scheduled.

Speaking of friends …

The President of Poland was in town this week pushing the idea of a US military base there.

In a perfect read of the US President's personality, he offered to call it "Fort Trump".

I spent the week in the soggy mess that is North Carolina after Hurricane Florence hit.

The hurricane has so far killed 37 people and left nearly a million without power.

The President also took time out to visit, giving meals to those affected.

In a weird case of family ties, my brother was clocking 220kph winds at his home in Hong Kong this week while I was wading around in flooding here in the US.

Sorry Mum!

Topics: world-politics, donald-trump, law-crime-and-justice, united-states