Brett Kavanaugh is a good judge

Comment: Judge Kavanaugh and sheer loser

First a prognosis: The Republican Party, now the party of US President Donald Trump, will praise the confirmation of Brett Kavanaugh as judge for life in the Supreme Court as the greatest political act. The decision ensures that there is a conservative majority in the Supreme Court for the next generation.

Also, we can assume that President Trump will see this as a personal triumph. As part of his campaign aimed at portraying the Democrats as losers. By now, we can count on some lackluster Republicans, sidelined by Trump and watching from the sidelines, to now support their party ahead of the upcoming midterm elections. George W. Bush, not a friend of Trump, supported Kavanaugh and used his influence, for example on important senators like Susan Collins. The Republican reading is whether you like Trump or not. This is about something more important than the president. This is about the party.

But the Republicans, after whipping this controversial man through as a judge, could be mistaken in the long run. And they should be wrong.

Because let's not kid ourselves: In this year 2018, which is so strongly shaped by women's rights, the Grand Old Party made it clear: It is a party of patriarchy. The way in which Christine Blasey Ford's allegations have been dealt with reinforces that impression. The Republicans can position themselves politically however they want - the way they deal with the entire Kavanaugh personnel can certainly be described as shameful. Actually, after this case, women voters should recognize an oversized red flag that their concerns are not in good hands here. No matter how proud the Republicans may be to have won the Conservative majority in the Supreme Court for a decade.

The Democrats are also ailing

The Democrats are also emerging as losers from this dispute. Sure, in some ways it may have felt right for her to support Ford and other victims of sexual violence. But by not making Ford's allegations public until immediately before the Kavanaugh hearings, they have also instrumentalized the process for party political purposes. And also, at least in theory, prevents the Republicans from deciding on another candidate in advance.

Michael Knigge, DW correspondent in Washington

Brett Kavanaugh has achieved his goal. He will take his seat on the Supreme Court. But he doesn't belong there. Even if the allegations and the testimony from Ford initially had no further legal consequences. But the mere lack of evidence cannot be the yardstick for a judge at the Supreme Court! Rather, that should be his ability to act as an arbitrator and representative of the judiciary with an open mind. Of course, judges are only people with political attitudes that shape the way they see the world. But it is the least that we can expect from them that they question their preferences and act as non-partisanly as possible.

Brett Kavanaugh is the exact opposite. He was chosen by the president because he is a conservative ideologist. And because on sensitive issues such as the right to abortion or the right of Americans to arm themselves, he is likely to make the difference. There can be no doubt about that after his attacks on the Democrats.

By no means an All-American image

However, at his hearing, Kavanaugh also revealed a side unrelated to the All-American image he was cultivating before the allegations were made public. This has now led to Kavanaugh taking up his new post, knowing that many citizens do not trust him. One sign of this was that the final vote in the Senate was repeatedly interrupted by protests. This is the worst start a Supreme Court judge can think of.

On the other hand, there is Christine Blasey Ford. She has had to listen to personal allegations, hideous insults - she and her family have even received death threats since the professor spoke out publicly. Reproaches that will have touched her soul.

Service to the Nation

Her name and life will from now on forever remain associated with the Senate decision and with the name of Brett Kavanaugh. But even if she couldn't stop his appeal, it is Christine Blasey Ford who comes out of this trial with her head held high. Because she brought a topic to the public that was hushed up for too long. With her touching and personal statement at such a critical point in time, she has not only rendered a service to many women who had to have similar experiences. It has done society as a whole a service.

In addition, with Kavanaugh, the Supreme Court is brought ideologically in line for the first time in a long time. All five Republican judges are likely to outvote the four Democratic judges on all major issues. The Court of Justice as a whole is moving to the right, surprising decisions will become less frequent.

Bad prejudice

The Kavanaugh appeal is also a continuation of a tradition as old as it is bad that all Supreme Court judges have studied at either Harvard or Yale. And in a country with hundreds of excellent law schools. And it also means that this court is now also gripped by the extreme political polarization that already grips the whole country. This is a bad prejudice for a political system that must increasingly be described as dysfunctional. In contrast to Congress and the President, most Americans have so far had a positive image of the Supreme Court as an institution.