Conventional wisdom suggests that, if confirmed, Supreme Court Justice Kavanaugh forever will be “smeared” and stained by past frenzied unfounded allegations of sexual assault.
Yet the opposite just as well may be true. As a Supreme Court justice, Kavanaugh would have withstood every imaginable smear and slander and yet stayed defiant in defending his character and past, proof of both his determination and principles. His near-solitary rebuttal to his Senate accusers may suggest that Kavanaugh could prove to be among the most fearless justices on the Court.
Indeed, the only lasting effect, if any, of the serial smears lodged against him might be that in the future, as in the case of Justice Thomas, Kavanaugh would be essentially immune from progressive media attacks. What he went through likely has inoculated him from the Georgetown-party-circuit syndrome of conservative Supreme Court judges’ eventually becoming more liberal by the insidious socialization within the larger D.C. progressive media, political, and cultural landscape.
Incidentally, contrary to popular opinion, Clarence Thomas hardly remains under a permanent cloud after his ordeal. What stopped further Robert Borking for a while was the resistance and pushback of Clarence Thomas. Far from being ruined by unproven charges, he resisted the mob, got confirmed, and thereby established a precedent that innuendo, ipso facto, would not derail a nominee. For three decades, Thomas has not been regarded as suspect by most Americans but is seen as inspirational for his courage in facing down character assassination.
We have a strange standard of calibrating relative Supreme Court comportment. Thomas certainly has never said from the bench anything remotely like Justice Ginsburg’s “Frankly, I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don’t want to have too many of.”
Nor has Thomas weighed in on contemporary politics with the zeal of Ginsburg’s defiant political slap:
I can’t imagine what this place would be. I can’t imagine what the country would be — with Donald Trump as our president. For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.
Ginsburg then suggested that a possible Trump victory in 2016 reminded her of what her late husband might have said: “Now it’s time for us to move to New Zealand.”
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