After starting his career in politics as a vicious partisan hack e.g. involved directly in a conspiracy to undermine Judiciary Committee hearings, perjuring himself in his first judicial confirmation hearing, and spending his judicial career on tireless and extreme support for corporate interests, he should have not been the nominee; there are many less controversial and more respected choices among high-profile career members of the GOP. But if he had acted like an adult in the hearing and been willing to admit to being an angry drunken partier as in his teens and twenties who might have done stupid things and not remembered, and demonstrated some contrition and sign of personal growth, I and many others would have some respect for it.
Instead, his behavior was the most hostile and disrespectful I have ever seen in a public hearing. I urge anyone curious about this to watch the 3 hour hearing for yourself. In my view his confirmation is a stain on the Senate and the Court. It cements the public perception that the rich and powerful can do anything they want, remain unapologetic, and face no consequences.
> who sometimes shoved his penis in women’s faces,
Another allegation which he denies. As I predicted, the core complaint is that he denies the allegations made against him. This is effectively constructing a situation in which the accused is guilty of something no matter what. Either 1) the accused does not defend themselves and is guilty of the alleged crimes, or 2) the accused does defend themselves, but in the world view you've constructed this makes them guilty of hostility and disrespect.
> and demonstrated some contrition
Contrition for what? He denies said allegations. Again, when you get to the bottom of it this is essentially criticizing the fact that Kavanaugh maintained his innocence. This is what was so pernicious about the Kavanaugh hearings that bothered even me, a lifelong Democrat. The fact that merely trying to defend oneself against an allegations is grounds for negative character judgement is at odds with the core principles of justice.
> and sign of personal growth, I and many others would have some respect for it.
If going from a binge drinking teenager to Supreme Court nominee (let alone Justice) doesn't demonstrate personl growth I don't know what does. This is greater growth than most people on HN will likely achieve (myself included).
Update: It appears the above poster had since edited their comment. My response took a while to write, so it could be that their edit was made before my response was done. I urge commenters not to assume bad faith on their part.
This reduces the question to a black and white decision, which is unreasonable. I see two major flaws here:
1. You're eliding the difference between discrediting the accuser's claim and discrediting the accuser themselves. There is a significant difference between saying "that's not accurate" and saying "the person who said that is a drunken loser who has been out to get me for years."
2. You're likewise removing any distinction between true and untrue responses! Surely it's acceptable to criticize a defendant for lying?
Now, we have not established whether or not Kavanaugh was lying, and I'm not saying he was -- but your response completely skips over that entire facet of the question. You are assuming a conclusion which has not been reached.
Did Kavanaugh ever say the latter? In fact this line of criticism seems to work in his favor: the label "drunken loser" was applied to Kavanaugh much more frequently than it was applied to Ford, at least from the coverage I saw (admittedly, mostly from left leaning outlets so that may be a factor).
I'm not sure why you brought up #2 given that you later state that you don't know of any instances in which Kavanaugh lied. Yes, if Kavanaugh lied that would be significant. But as you stated in your own comment, you do not know of any such instances. I am not aware of any statement that was proven to be false either, at least outside of tangents that stretch my idea of relevance to the accusations (e.g. contents in his yearbook). So, yes if Kavanaugh lied that would be valid criticism - but we both agree that this was never demonstrated, so this point is moot.
To echo manfredo, if the only people we can nominate to the Supreme Court are people who can just calmly sit there while the absolute worst accusations possible are flung against them, we're not going to be nominating new justices any time soon (Democrat or Republican). Or, alternatively, we're going to get a very, very distorted set of justices who lack all emotional affect or something.
Or, looking at it from another view point, there is this idea floating around (you're not the first place I've heard it from) that simultaneously, poorly-founded [1] accusations of rape are really, really terrible, like, the worst thing ever, more than sufficient to scotch a nomination to any serious office of the land... but at the same time, a person who is so accused of literally the worst thing ever should also have no reaction to this and be completely impassive in the face of these nominally terrible accusations.
Look, either it's that serious and it should be treated that seriously across the board, or it's not that serious at all, and it should be treated unseriously across the board. But if you try to have it both ways, the conclusion people are eventually going to come to is that it must not be serious. That's what's going to win out; are you sure you want that? Do you really want to say that the standard for reacting to being accused of serious crimes is that the accused should just wave the accusations away and be completely unaffected by them? Are you really asking for that to be the standard? Because if you think about it, I bet that's not what you want.
[1]: You want to consider them true, you want to consider them false, that's your business, but I'm very comfortable characterizing the accusations as very poorly founded either way.
Imagine going to the less well-off part of America and start a conversation like that.
"Imagine you're accused of rape twenty years ago and you have to defend it in front of angry people."
"So, if I fail, I go to jail?"
"No, not really."
"...Are they gonna beat me up?"
"No."
"Do I lose my job? My house? Will they take my daughter away for me being a rapist?"
"No, none of this happens. But a lot of people will call you names."
"...A lot of people call me names for just walking around!"
I want scientists of law with integrity.
And there are plenty competent people with integrity. It is people who lack integrity that marginalize them.
A bipartisan moderate that everyone loved, recommended by both parties, poised to take the nomination, then blocked for years by the Republican party just as a total partisan f-you to Obama.
But there are also plenty of people who lack integrity and, if it is permitted and gets them what they want, will fling arbitrarily nasty false accusations at people. There is no one with so much integrity that false accusations can't be made of them. You're pushing a rope.
Well, you're in luck, because he was confirmed.
If you were interviewing someone for a job, and then found that he was accused of rape multiple times, do you:
A) Ignore them.
B) Not hire him.
C) Look into the situation more deeply.
D) Want to hire him even more.
I think we can agree C makes most sense, but most Republicans were pushing hard for D. They were an inch away from doing it without an investigation, but finally caved due to one holdout senator, and then did a quick crippled investigation where they couldn't even interview Kavanaugh or the accuser Ford.
As for the accusations itself, we know that Ford named Kavanaugh as her rapist to multiple people decades ago. We also know that Kavanaugh sent texts about how to deal with another accuser, before the accuser even went public. Also, he then perjured himself saying he didn't know about her until she went public.
Because of these reasons, I think the outcry against Kavanaugh's nomination was justified. If the Republicans really wanted the best person for the job, and if he really was innocent, they should have all agreed early on for a thorough FBI investigation which should clear his name. Instead, they made it a culture war issue and played up the circus. If they didn't want it to be a shame storm, they could've taken the allegations seriously and do their job to represent the will of the citizens.
We all know that we're not going to get 100% evidence of if he did it or not, but that doesn't mean we shouldn't seek to find what we can and build up some percentage of confidence in the candidate. If the available evidence instills us with perhaps 30% doubt of his word, should that have a factor in our hiring decision? Or do we only consider 0% or 100% conclusions? Is 30% too risky for hiring someone for what is arguably the most important job in the world?
To be fair, I don't think a media circus crucifixion is the right outcome of an unproven allegation, but it's also wrong to totally disregard such allegations when making such a high-stakes decision. It seems fair to me to at least take a risk-adverse approach without casting total judgement on the candidate.
