The Alternative Could Be Worse
We tend to cast Kavanaugh and all high court nominees as either a champion of women (or some other group) or their worst enemy. Kavanaugh is clearly both.
September 05, 2018 at 04:01 PM
4 minute read
The original version of this story was published on The American Lawyer
Can we just hit the pause button on Brett Kavanaugh's hearings and admit that both his supporters and detractors have become silly and annoying?
The latest example of extreme silliness involves Zina Bash, a former Kavanaugh clerk who sat behind him on the first day of the hearing. According to some leftwing bloggers, reports The Washington Post, Bash was signaling support for white nationalists by the way she held her fingers during the hearings. The snag to that theory: “Zina is Mexican on her mother's side and Jewish on her father's side,” tweeted her husband John Bash. “She was born in Mexico. Her grandparents were Holocaust survivors.”
Oops. Point one for Team Kavanaugh!
And speaking of Team Kavanaugh, what's the deal with the endless parade of women speaking about what a swell guy he is and how much he supports women? It started off with women who clerked for him, then expanded to include Tiger Mom Amy Chua and other women who've worked with him or otherwise came in contact with him.
One recent TV ad promoting Kavanaugh's nomination featured one of his longtime female friends, who identified herself as a “teacher and a coach,” testifying to his decency. Two thoughts on this: Are women supposed to be reassured by this everywoman's testimonial? And since when do Supreme Court nominees have to be sold to the public like laundry detergent? (There's a whole slew of slick ads for Kavanaugh aimed at all sorts of constituencies.)
But I digress. What I find truly irritating and dishonest is our tendency (need) to cast Kavanaugh and all high court nominees as either a champion of women (or some other group) or their worst enemy. In my view, Kavanaugh is clearly both.
It bothers me that few of his female supporters—including the liberals—seem to be coming clean about the probable harm he'll cause women and other groups. As I wrote a few weeks ago, women seem to be conflating his personal qualities (being a good boss and mentor) with being a champion for them on the broader spectrum of rights.
So far, one of the few women who's been upfront about Kavanaugh is Lisa Blatt, who leads Arnold & Porter's Supreme Court practice. Blatt, a self-proclaimed liberal, introduced him at the hearing. And like other women who've enthusiastically supported his nomination, Blatt noted that more than half of his law clerks have been women, lauding him for being “remarkably committed to promoting women in the legal profession.”
More telling, Blatt also called him, ”the best choice liberals could reasonably hope for.”
And that's the point: Women and liberals won't do any better with another nominee. In fact, the situation could be worse.
Since it's a given that any Trump nominee will land to the right on just about every issue that liberals hold dear—women's right to choose, civil rights, gun control, separation of church and state, environmental regulations—we should be relieved that at least Kavanaugh will fashion his opinions thoughtfully. Plus, as Blatt and all the women supporting him keep telling us: He's nice and helpful to women in his orbit—which, in the context of #MeToo, ain't nothin'.
So there you have it: While Kavanaugh will most certainly do major damage to women's rights and a host of other rights, he's the best of the lot in the Trumpian order. He might be doctrinaire, but he'll be respectful about the process. And maybe, just maybe, he'll listen to what women will say.
Pathetic, isn't it?
Contact Vivia Chen at [email protected]. On Twitter: @lawcareerist
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Rapidly Closing Window': Progressive Groups Urge Senate Votes on Biden's Judicial Nominees
5 minute readBig Law Practice Leaders 'Bullish' That Second Trump Presidency Will Be Good for Business
3 minute readTrump's Return to the White House: The Legal Industry Reacts
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Trump's Return to the White House: The Legal Industry Reacts
- 3Election 2024: Nationwide Judicial Races and Ballot Measures to Watch
- 4Climate Disputes, International Arbitration, and State Court Limitations for Global Issues
- 5Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
- 6How Much Does the Frequency of Retirement Withdrawals Matter?
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250