The classic statue of Justice with her blindfold, balanced scales, and sword is the personification of impartiality, prudence and moral authority, the three principal tenets of our concept of a fair and unbiased legal system.
The blindfold represents the impartial, equal application of the law, blind to an individual’s social position, wealth, power or political affiliation.
The scales represent the balanced consideration of evidence and a judicious weighing of crime and punishment.
The sword represents power and moral authority.
Whether or not one believes the stories of Kavanaugh’s alleged behaviour during high school and university, watching his conduct and the behaviour of the senate judiciary committee during his appointment hearings is disturbing.
It is alarming to witness the complete lack of balance, prudence, objectivity or any other attributes we would expect from a Supreme Court judge or those responsible for appointing him.
The highly charged political environment around Kavanaugh’s appointment, along with his own prevarications and outright lies, rather than exhibiting any semblance of honesty, moral courage, or the temperament one may associate with the role of a Supreme Court Judge, it graphically demonstrated personal ambition, partisan interests and a disregard for the truth.
Instead, it has crudely displayed everything that is anathema to our commonly held notion of what would qualify someone to be a judge on a supreme court.
It demonstrates the blatant determination to appoint a judge, not because he personifies the characteristics of someone deserving the position, but ironically, because his ‘judgement’ on important issues is a foregone conclusion and any subsequent display of serious, objective deliberation is merely posturing.
The role of a Supreme Court Justice is to remain faithful to the tenets of administering the law, not to do the bidding of those who have appointed him by defaulting on the side of their partisan agenda.
If the appointment to the Supreme Court is a political process then the outcome is likely to be the result of political pragmatism rather than putting forward the most capable and the most qualified individual.
Of course, the divisive and fractious nomination of Brett Kavanaugh was put forward by the most divisive, vulgar and uniquely unqualified president in American history.
So it is no surprise that Donald Trump’s nominee to the Supreme Court should also be a divisive figure, vulgar and singularly ill equipped.
The Senate Judiciary Committee hearings on Kavanaugh’s nomination to the U.S. Supreme Court are also the acting out of a play, or more accurately, a farce with tragic consequences that exposes the fault lines that divide America.
The hearings demonstrate how party politics has descended into factionalism and how those on opposite sides of the political spectrum no longer have any shared affinities as Americans.
The dichotomy of radically different visions regarding the kind of country America has become and the direction it should pursue has created a dangerous exigency to grab power with complete disregard for any moral or ethical checks and balances.
The Kavanuagh senate hearings have graphically illustrated the unbridled will to win at any cost and a determination to avoid the very processes that those involved are supposed to uphold and defend.