The vote to confirm Brett Kavanaugh to the Supreme Court should happen as scheduled. This post will tell you why the vote for his confirmation should be not be derailed by allegations of sexual misconduct.
Presumption of Innocence
“Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense”
– The UN Universal Declaration of Human Righs
Brett Kavanaugh has not been convicted of any crimes. He therefore should not suffer the consequences of someone who committed a crime.
It is ironic that certain special interests are calling for his punishment (not being confirmed to the Supreme Court, among other things), for a charge that is not proven in court. If we won’t follow due process with a Supreme Court nominee, what faith do we have in our justice system that people are innocent until proven guilty?
It is his human right to be presumed innocent until proven otherwise. If we presume his innocence, that means that the US Senate and the American Public should not hold these allegations against him. Absent these allegations, his confirmation hearing should proceed as planned. Absent these allegations, US Senators should vote as if these accusations hasn’t happened.
Let’s call on our senators to respect the law, and give Brett Kavanaugh the presumption of innocence unless proven otherwise.
Delays Will Be Costly
Democrats are hoping to delay the vote until midterm elections. Democrats are not supportive of Brett Kavanaugh.
The current makeup of the senate is likely to confirm Brett Kavanaugh if these allegations did not arise. By waiting until after the midterm elections, the chances of Brett Kavanaugh will be lowered.
Suppose Brett Kavanaugh has a X% confirmation chance with the current senate.
1) If Democrats win the Senate with probability p, Brett Kavanaugh has 0% chance.
2) If Democrats don’t win the Senate with probability (1-p), Brett Kavanaugh has Y% chance.
Y is likely lower than X, since the longer this drags out, the less momentum to confirm Brett there is.
The chances of his getting confirmed post-election would be: P = 0p+(1-p)Y where Y<X and p=[0,1]
This is obviously lower than X (since p is realistically much lower than 1 and Y<X).
Therefore delaying the vote makes political sense for Democrats, and Republicans should proceed with the vote as soon as possible.
No Downside of Proceeding with the Vote
Suppose Brett Kavanaugh is confirmed to the Supreme Court.
If Kavanaugh is found guilty of sexually assaulting someone, he will be removed and imprisoned. A Supreme Court justice cannot serve while in jail.
If Kavanaugh is not found guilty of sexually assaulting someone, he will continue in his role as Supreme Court justice. All is well.
Therefore there is no reason to delay the vote. There is no reason to judge him based on allegations that are unproven. Let the court system decide his fate, not popular or emotional opinion.
Due Process is Allowing the Vote Now
Democrats are calling for Brett to be treated as guilty without being proven guilty. Delaying the vote is punishing Brett Kavanaugh without having proven any allegations. If we are to presume his innocence, then due process is treating him as innocent until proven otherwise. This means 1) having the vote as scheduled 2) having no regard to unproven allegations.
Let’s use the example of an Olympic athlete, Steve. Steve is planning to compete in the upcoming Olympics next week. However, a former classmate, Mary, accuses him of taking performance enhancing drugs decades ago. These allegations are not proven. Mary’s supporters, who just so happen to be another group of athletes competing against Steve, are calling for Steve to be banned from competing until proven innocent because of “due process”.
They want time to complete their due diligence, and accused the athlete of rushing the process.
-> This is analogous to asking to delay the vote for Brett.
They also want Steve to suffer a -20% penalty to account for taking enhancing drugs, which is unproven.
-> This is analogous to Democrats’ calls to vote against Brett Kavanaugh for allegations of sexual assault, which are unproven
Due process is allowing the athlete to compete in the Olympics. Should the athlete be found guilty of doping subsequently, his medal can and should be revoked. But to disallow him from competing on unproven allegations, is a travesty of justice itself. The presumption of innocence is to allow the athlete to compete. A delay would be a punishment on a presumably innocent person.
Therefore, just as it’s important for Steve the athlete not to be punished and forced to miss the Olympics on unproven allegations, it is important for the vote on Brett Kavanaugh to take place without consideration of unproven allegations.
Call to Action
Let’s respect the law. Let’s respect human rights. Confirm Brett Kavanaugh to the Supreme Court.
1) Call and email your senator stating your support for Brett Kavanaugh
2) Share this article to argue against detractors
Disclaimer: This isn’t about whether Brett is a good judge. It’s that delaying will hurt his chances and that taking into account these allegations is wrong because it violates his human right to be presumed innocent unless proven otherwise.