The Kavanaugh Stakes

10/1/18
By Kimberley A. Strassel,
from The Wall Street Journal,
9/27/18:

A vote against the judge is a vote for ambush tactics and against due process.

To vote against Judge Kavanaugh is to reject his certain, clear and unequivocal denial that this event ever happened. The logical implication of a “no” vote is that a man with a flawless record of public service lied not only to the public but to his wife, his children and his community. Any Republican who votes against Judge Kavanaugh is implying that he committed perjury in front of the Senate, and should resign or be impeached from his current judicial position, if not charged criminally. As Sen. Lindsey Graham said: “If you vote ‘no,’ you are legitimizing the most despicable thing I have seen in my time in politics.”

The stakes go even further, to the core of this country’s principles. To vote against Judge Kavanaugh now is to overthrow due process. Contrary to Democrats’ claims, due process is not constrained to courts of law; it is central to employee discipline, professional standards of conduct, even evictions of tenants. It is owed to any individual in a civilized body politic. Under due process, the accuser has the burden of proof. Ms. Ford has not met the evidentiary standard even of a civil proceeding, the preponderance of evidence—yet this case is more significant than any that has been dealt with in a court of law for ages. How the Senate votes now will reverberate to all levels of society. A “no” vote on Judge Kavanaugh is an authorization to renew calls for a Justice Clarence Thomas to step down. It is an authorization to derail the life of any white-collar manager or blue-collar crew boss who is ever subject to a single uncorroborated allegation.

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