The Trial Lawyer Winter 2018 - Page 56

Supreme Court The most glaring example of corporate court-packing in recent months is newly-minted Supreme Court Justice Brett Kavanaugh. And with this nomination and the hearings that accompanied it, it is nearly impossible to blame the entire thing on Republicans. Yes, Republicans were relentless in their support of Kavanaugh even in the face of sexual assault allegations, but Democrats are the ones who set that stage, creating a nearly impossible uphill climb that ultimately failed to convince enough people that Kavanaugh shouldn’t be on the highest court in the land. When the decision was made to focus on the sexual assault allegations from decades ago, they lost. That’s not to say that accusers like Dr. Christine Blasey Ford and Deborah Ramirez were not credible; quite the opposite, actually. The majority of the American public believed their stories and didn’t believe that Kavanaugh should be on the Supreme Court. Unfortunately, the public doesn’t get to vote on Supreme Court justices, and their opinions didn’t factor into his confirmation at all. Both Dr. Ford and Ramirez were likely telling the truth, and I firmly believe that they are telling the truth about what Kavanaugh did to them. 54 x The Trial Lawyer