Due Process: A Treatise on Entitled Men

There is so much to say about the Kavanaugh confirmation process, and much of it has already been said elsewhere.  (A great example of “If you’re not mad, you’re not paying attention.”)  But something that stuck out to me was the image of a grown, white man ranting his “righteous” anger in front of the United States Senate about the end of due process in America.  Give me a fucking break.

The left-wing rag Merriam-Webster defines due process as:

1

: a course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles

— called also procedural due process

2

: a judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual

— called also substantive due process

But there seems to be some confusion about what due process is, particularly amongst white men.  They seem to believe due process is their right, and the right of their fellow white men, to get away with anything, their right to succeed in spite of any misstep, any exposed character flaw, any crime.  Of course he deserves this promotion—it’s simply due process.  Amazing how differently due process works for white men than it does for everyone else.  It’s leeway that simply does not exist for others.  

Where is due process for victims of sexual assault?  They can’t (and never have been able to) trust the course of formal proceedings to result in justice.  I don’t see Brett Kavanaugh crying about that.  I don’t see Brett Kavanaugh doing anything about that.  And one might argue that, as a federal judge, he is one of the few who actually can do something about that.

Where is due process for the thousands who are incarcerated because they can’t afford bail?  Where is due process for the unarmed African American men shot and killed by police officers?  Where is due process for their families? Yes, due process is failing many people in America.  But it is not failing white men.  So forgive me when I vomit at the sight of an overgrown prep-school jackass-turned-federal-judge crying about the end of due process in America.  

Serving on the Supreme Court is a privilege, not a right.  Brett Kavanaugh missing out on his dream job isn’t due process failing him—it’s an occurrence many ordinary Americans, disproportionately women, have had to swallow with grace.  “Your resume is very impressive, but this job may not be quite right for you.”  Brett Kavanaugh missing out on his dream job because he tried to rape a girl in high school isn’t due process failing him—it’s his past coming back to bite him.  The Supreme Court confirmation process hasn’t ruined Brett Kavanaugh’s life.  Brett Kavanaugh ruined Brett Kavanaugh’s life.

I believe Brett Kavanaugh tried to rape Christine Blasey Ford.  Regardless of that, I believe Brett Kavanaugh’s behavior yesterday disqualifies him serving on the Supreme Court.  He did away with any pretense that he is not a complete partisan.  He showed he has no composure under stress.  I seriously doubt his ability to remove his own prejudice in ruling on any case.  Rather, I strongly suspect his contempt for “the left” would steer him toward vindictiveness.  There is enough vindictiveness in politics.  Sexual abusers are well represented.  Surely we can do better than Brett Kavanaugh.