I Was Wrong About Kavanaugh

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Judge Brett Kavanaugh,nominated by President Trump as Supreme Court Justice.

I Was Wrong About Kavanaugh

I hate being wrong especially when I should be right, and I admit I was wrong about Judge Kavanaugh.

Did we hear anything scandalous about Supreme Court Justice Neil Gorsuch? Not a thing. That’s why when Dr. Christine Blasey Ford stepped forward and said that Brett Kavanaugh sexually assaulted her, I believed her. I knew more women and men would come forward as victims and witnesses, and I was right. I also predicted it would be the downfall of Kavanaugh. That wasn’t wishful thinking, it was reality, just not the reality of the political world and of Republicans.

The other day I tweeted my educational and professional background in order to illustrate a point. I have a Bachelor’s and Master’s of Science in Criminal Justice, three years of law school, nineteen years practicing law and three years of teaching at the college level. As far as I am concerned, that makes me knowledgeable about our system of government, and I’m not only right about that statement, I’m also wrong.

I have faith in our system of government, but, I have questioned it in the past and even more so lately. Remember Bush v. Gore? Our Supreme Court got involved when it wasn’t supposed to. I voted for Gore and was disappointed with the entire process.

Now comes President Obama and again, the system failed with the made-up McConnell Rule where a President in an election year cannot nominate a Supreme Court Justice.

Then comes President Trump and Hillary Clinton in the 2016 Presidential elections. Russia and election meddling to start, but for the second time in my life-time, I see the popular President in Al Gore and Hillary Clinton lose again to the antiquated system of the Electoral College. You imagine the difference with Gore, Obama, and Clinton, especially when it comes to the environment?

With the benefit of hindsight, we see that Clinton lost by a handful of votes to cost her the presidential election, while all the time fighting against fake news and a coordinated campaign by a foreign enemy government to prevent her from winning and Trump from losing.

But with Kavanaugh, I was sure it was going to be different. There was going to be too much pressure from the left, the allegations would lead to an investigation by the FBI, and then the party was over. And it happened just like that, sort of.

The FBI investigation was limited in time and scope. It wasn’t a full-blown investigation. Want to know what an investigation looks like- just watch Robert Mueller. Every single lead is followed, but the Republicans didn’t have time for that with the mid-term elections thirty days away. So, corners were cut and now a President that pretends to be conservative and half the country actually believes that while Republicans don’t care that Trump isn’t conservative, they are just happy with the fact that people believe it, are titling the court all the way to conservatism for decades to come.

When I was a professor, I used to tell my students how perfect the system of life-time appointments to the federal bench was, now, I am not so sure and I haven’t been for a while.

Appointing Justices to the Supreme Court is not based on any particular skill, it’s based on luck. Maybe a Justice retires while a President is in office and the President gets his chance. And it is that luck that translates to affecting policy for decades to come. Is that a fair and logical system?

The Supreme Court has become highly politicized, exactly what it wasn’t supposed to be. I’ve lost some faith in the process even though we still have the greatest legal system in the world by far, but that doesn’t mean it’s not time to check under the hood and see if any maintenance or improvements have to be made. The FBI Director serves for ten years, that’s a good place to start.

Meanwhile, this is a bump in the road no doubt, but you cannot sit back. To the victor goes the spoils and that means one thing and one thing only, vote come November.

Alexander Hernandez, Esq.
Twitter @mcatty_alex


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Alexander Hernandez

Alexander Hernandez represents clients in the areas of Chapter 7 Bankruptcy, Family Law/Divorce, and car and motorcycle accidents. (904) 712-5565 or (305)-688-LAWS (5297).

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