Opinion: A terrible day for the Supreme Court

It looks ever more like another raw partisan institution. View in [Browser]( | Add nytdirect@nytimes.com to your address book. [The New York Times]( [The New York Times]( Friday, September 28, 2018 [NYTimes.com/Opinion »]( [David Leonhardt] David Leonhardt Op-Ed Columnist What a terrible day for the legitimacy of the Supreme Court. The confirmation hearing of Brett Kavanaugh turned into a battle of raw partisan strength — and a repudiation of the idea that judges are independent from politics. It’s true that there is no way to resolve this nomination without creating anger. The allegations against Kavanaugh are too grave, and his denial is categorical. One side will be left feeling embittered. But the way that the Senate conducted the hearing — and the way Kavanaugh responded — created something close to a worst-case scenario for the Supreme Court. First, the Republican Senators in charge of the process have shown no interest in getting at the truth. They refuse to involve any neutral, nonpartisan investigator, as [Kate Brannen of Just Security]( pointed out. They refuse to call witnesses whom Christine Blasey Ford said were present. I don’t think we will ever know for sure what happened on that night in 1982. But there are serious factual questions to pursue. As [Josh Kraushaar of National Journal notes]( Kavanaugh’s calendar — listing a gathering on July 1 — is more consistent with Blasey’s version of events than Kavanaugh’s. The people listed as attending that gathering, starting with Mark Judge, could be called. There is also reason to believe Kavanaugh did not tell the truth about multiple aspects of his high school experience. After the hearing, [James Comey]( the former F.B.I. director, tweeted, “Small lies matter.” And the American Bar Association [called for delaying a confirmation vote]( until an F.B.I. investigation could be completed. The association previously rated Kavanaugh as “well qualified.” It now says that “the rule of law and due process” demand a delay. The Supreme Court, of course, is supposed to represent the pinnacle of due process. Imagine what it would say if a confirmation to that court rejects the rule of law and due process. The second piece of potential damage to the court came from Kavanaugh himself. If he did not do any of the things that his accusers claim, his anger is completely understandable. To react any other way, in fact, would be surprising. But he did not merely display anger yesterday; he launched an extraordinary attack on Democratic senators and claimed they were behind the allegations in a nefarious plot. There is no evidence for this. Yes, they have made mistakes during the process, allowing the allegations to become public only at the end. They deserve criticism for these mistakes. But they are not evidence of the plot Kavanaugh described. Remember: Dianne Feinstein, the ranking member of the Judiciary Committee, honored Blasey’s request for confidentiality this summer, even when doing so helped Kavanaugh’s odds of confirmation. If Kavanaugh is confirmed, he will join the court looking not like an independent judge but like another partisan figure, doing the work of his party. That’s not how the Supreme Court likes to view itself. “Anger and partisan fury like this will be very hard for Judge Kavanaugh to overcome as Justice Kavanaugh,” [Susan Glasser]( of The New Yorker wrote. [Jennifer Victor of George Mason University]( tweeted: “SCOTUS was the last political institution in America that we’ve pretended was blind to ideology, for the sake of its legitimacy. The blinders are off and SCOTUS is quickly becoming an EXPLICITLY political body, like we’ve never seen. Democratic legitimacy is under threat.” [Maya Sen of HarvardÂ]( perhaps the best summary: “A genuinely terrible day for this country, and for American norms and institutions.” The full Opinion report from The Times follows, including [the editorial board]( [Michelle Goldberg]( [Ross Douthat]( and others on the hearing. [Why Brett Kavanaugh Wasn’t Believable]( Pool photo by Saul Loeb By THE EDITORIAL BOARD And why Christine Blasey Ford was. The Blasey and Kavanaugh Hearing Op-Ed Columnist [Christine Blasey Ford’s Heartbreaking Desire to Please]( By JENNIFER SENIOR The pain of watching Christine Blasey Ford be so accommodating to the people questioning her. Op-Ed Columnist [Christine Blasey Ford’s Sacrifice]( By MICHELLE GOLDBERG Her testimony was heroic. Will it be pointless? Op-Ed Columnist [Only the Truth Can Save Us Now]( By ROSS DOUTHAT Before we accept a permanent division over the Kavanaugh Affair, here are some ways to make a last bid for greater clarity. Op-Ed Columnist [Christine Blasey Ford’s Riveting, Persuasive Testimony]( By FRANK BRUNI She was afraid. She was strong. She was human. Contributing Op-Ed Writer [Bonfire of Republican Vanities]( By TIMOTHY EGAN Their bargain with Trump was simple: They would get tax cuts for the well-connected and a right-wing majority on the Supreme Court. Oh, but the price has gone up. [Watching Her Speak for Us All]( [Christine Blasey Ford testifying Thursday on Capitol Hill.]( Christine Blasey Ford testifying Thursday on Capitol Hill. Pool photo by Gabriella Demczuk By EMILY YELLIN On Thursday, Christine Blasey Ford was the voice for those of us who are still haunted by decades-old assaults — including me. Readers Respond [What Readers Want to Ask Kavanaugh]( By RACHEL L. HARRIS You told us what questions you’d like to hear the Supreme Court nominee address at his hearing today. letters [A Nation Transfixed by the Kavanaugh Drama]( An emotional reaction from readers, who describe “rage and sadness,” praise Christine Blasey Ford’s courage and condemn G.O.P. senators. Op-Ed Columnist [Republicans Take the Hypocrite’s Oath]( By PAUL KRUGMAN On health care, a determination to deceive voters as much as possible. ADVERTISEMENT LIKE THIS EMAIL? Forward it to your friends, and let them know they can sign up here. Contributing Op-Ed Writer [A Wise Man Leaves Facebook]( By KARA SWISHER Kevin Systrom, one of the founders of Instagram, wasn’t a “team player.” That was exactly what the company needed. Contributing Op-Ed Writer [How Alliances Made Athens Great]( By NIKOS KONSTANDARAS The ancient Athenians manipulated their allies, spreading democracy and providing protection, always with their own interests first. Trump could learn something. [All the Senate’s Men: Empowering Women Since 1991]( By TAIGE JENSEN, LEAH VARJACQUES AND LAURA JUNCADELLA From Anita Hill to Christine Blasey Ford, this video spotlights the Senate’s strides in gender sensitivity and female representation. More in Opinion [Jack Ma Is Retiring. Is China’s Economy Losing Steam?]( By YASHENG HUANG Alibaba has revolutionized not only e-commerce in China, but the entire private sector. It probably couldn’t be created now. [Public Service Debt Relief Is Broken]( By RANDI WEINGARTEN The program that’s supposed to help teachers and others with their loans isn’t working. [Doing Right by Sick 9/11 Workers]( By THE EDITORIAL BOARD Efforts to give paid sick leave to government workers who have had 9/11-related illnesses are incomplete. SIGN UP FOR THE OP-DOCS NEWSLETTER Find out about new [Op-Docs]( read discussions with filmmakers and learn more about upcoming events. ADVERTISEMENT [The Blasey and Kavanaugh Hearing]( By PATRICK CHAPPATTE A nation united in uproar. HOW ARE WE DOING? We’d love your feedback on this newsletter. Please email thoughts and suggestions to [leonhardt@nytimes.com](mailto:leonhardt@nytimes.com?subject=Opinion%20Today%20Newsletter%20Feedback). FOLLOW OPINION [Facebook] [FACEBOOK]( [Twitter] [@nytopinion]( [Pinterest] [Pinterest]( Get more [NYTimes.com newsletters »](  | Get unlimited access to NYTimes.com and our NYTimes apps. [Subscribe »]( ABOUT THIS EMAIL You received this message because you signed up for NYTimes.com's Opinion Today newsletter. [Unsubscribe]( | [Manage Subscriptions]( | [Change Your Email]( | [Privacy Policy]( | [Contact]( | [Advertise]( Copyright 2018 The New York Times Company 620 Eighth Avenue New York, NY 10018