It’s Done…Now What?

Last night, Justices Kagan and Sotomayor spoke at Princeton University where they reminded the audience of the importance of the Supreme Court as a trusted institution of American government. Historically, the Court has been trusted by the people.  In a period when neither the Congress nor the Presidency is trusted, it’s essential not to lose this third branch.

The conformation and seating of Brett Kavanaugh is dangerous on a number of fronts.  For starters, it sends an ugly message to survivors of sexual assault.  In the best light, it’s something along the lines of “I believe you but I don’t care.”  In the worst, it’s “I don’t believe you and I don’t care.”  That’s dangerous in a world in which women and men must live together.  It also lays bare a political divide in which the Republican party is willing to do anything in order to win a short-term political battle.  I fear that many Democrats will take up that challenge.  I caution against it because we must believe in our ability to be a republic that tolerates political disagreements without descending into ugliness and violence.  

Though Democratic frustration will likely bring a surge of voters to the November midterm elections, that won’t fix the damage of the Kavanaugh conformation.  Historically, Chief Justices have worked to build consensus in order to guarantee the credibility of the Court.  I’m no fan of Chief Justice Roberts but there is some evidence that he is aware of the role he can play in the longterm credibility of the Court.  Justice Roberts has spoken of this very issue and has, on occasion, voted in a way that suggests he is able to place consensus over politics.  I’m not optimistic, but neither do I think that all hope is lost on this front.  

In the meantime, there is a path forward:

1.  Believe survivors of sexual assault and work to provide them with the confidence to speak out and the resources and space to heal.

2.  Make clear the importance of consent, that we are and must be the masters of our own bodies, that sexual assault and sexual harassment is wrong and will not be tolerated by any of us.  Raise our sons and daughters to understand this.

3.  Work for candidates who will work on behalf of the causes that matter to us.  For me, that’s civil rights for all of us, gun control, protection of women’s rights to make decisions about their bodies, healthcare, the environment, childcare and child poverty, reform of the criminal justice system, student loan reform……there is no end of work to be done on behalf of a future that we can be proud to create.

4.  Register and vote.  Every time there is an election, vote.  Vote, vote, vote.

I usually end this sort of post by noting that I live in hope.   But it’s a hard time to live in hope, which feels fragile and whimsical in a time of such ugliness in our political divide.  So I will pause, take a deep breath, and once-again refuse to be broken or to lose hope.  Hope is the only way forward and we must find it together.