Why Kavanaugh Should Withdraw

I believe her

The #MeToo movement marks a distinctive cultural difference between 1991 and 2018. This is obvious in how the public (and the Senate) have responded to Anita Hill vs. Christine Blasey Ford.

I remember the Anita Hill hearings vividly. They were televised live and were on every TV in sight. This was a remarkable feat in 1991 before the era of cable news. Or the phenomenon of “breaking news.”

In an era of blame the victim, Hill’s accusations were definitely breaking news. And, oh boy, was she ever bombarded with victim blaming. Forced to relive some of the most humiliating experiences of her professional life, Anita Hill became a hero.  A generation of women were struck by her willingness to call a public figure to account for his abusive behavior.

Women across the country took to wearing pins that said, “I believe Anita Hill” and simply, “I believe her.”

Unfortunately, Hill was treated to shameful and shaming abuse in front of the entire American public and Clarence Thomas was still confirmed. That is the history of justice (or lack of it) for women who are victims of sexual harassment and sexual violence and assault.

#MeToo movement

Fast forward to 2018 and the newly emerging allegations of sexual assault by Supreme Court nominee, Brett Kavanaugh.

In the wake of Ford’s accusations that Kavanaugh sexually assaulted her as a teenager, fewer people are questioning whether she was assaulted. While this is a cultural step forward, his defenders are also not saying, “Let’s find out if these allegations are true because we wouldn’t want an unrepentant sex offender on the nation’s highest court.”

As we have heard in other #MeToo cases, some people are asking if people’s lives should be ruined by actions they took when they were teenagers. Clearly preparing a line of defense for his nomination if the allegations prove to be true. What his defenders are really asking is whether men’s lives should be ruined by the behavior of their younger selves. No one is asking about the lives of the women who were deeply marked by the violence of these boys.

Michelle Goldberg pointed out in a NYTimes column that we are not really asking if boys and men should be accountable for their sexual violence, but rather, which boys and men should be accountable. As she notes, sex offender registries regularly mark men for life for their crimes in an effort to protect vulnerable populations.

But prep school boys and other boys of privilege are rarely held accountable in the same way for their abuse of power and physical strength in perpetrating violent actions against their dates or even just women at parties. And Kavanaugh is on record promoting a storied secrecy of the boys club world.

Sexual violence and restorative justice

The problem with confirming Kavanaugh “even if he did it” on the premise that men shouldn’t have their lives and careers ruined by the actions of their youth is that if he did it – he has clearly shown no remorse, no recognition of the harm that he caused, nor any understanding of the restorative justice that is required before forgiveness is possible.

Restorative justice is the principal that injustices need to be remedied. When people are victims of injustice, their experience can rarely be undone. Such crimes often include violations of a person’s body, mind, and soul. The body’s memory of rape or sexual assault can never be undone. Just as degrading and demeaning verbal abuse cannot be unheard. The fear and terror associated with these crimes or with a mugging or physical attack cannot be erased or forgotten.

Our culture routinely accepts sexual violence against women as normal. Or at the very least, as a woman’s fault for putting herself in a vulnerable situation. In such a culture, it would not be particularly surprising that the boy who grew up to become Judge Kavanaugh didn’t remember the encounter.

Violent, terrifying, and abusive encounters with boys and men mark the histories and psyches of countless women. Across this country and across the world. The normalization of this violence and the refusal to hold boys and men accountable for violent, sexually aggressive behavior is a symptom of a culture that cares more for protecting male privilege than defending women’s human rights.

Compromising the Court’s moral authority

read conclusion here

Kavanaugh and the threat to women

supreme court 2

Today, we stand on the precipice of the fall of Roe. The nomination of Brett Kavanaugh to the Supreme Court of the United States is threatening for many reasons but I will focus here on his threat to women’s reproductive health. Trump has been clear that one of his primary criteria for Supreme Court nominees is that they would vote to overturnRoe v. Wade. Kavanaugh appeared on lists prepared by the Federalist Society and the Heritage Foundation of judges who meet this criteria.

What will happen if Roe falls?

If Roe falls, regulation of abortion will revert to the states. This means that some women will continue to have access to abortion while many more will not.

Reversing Roe does nothing to address the causes of unintended pregnancies nor many of the other issues that contribute to women seeking to end their pregnancies including partner violence, inadequate housing and food insecurity, the lack of a living wage, and the difficulty many women and families face in caring for their existing children.

Criminalizing abortion seeks to punish women for their sexual activity, it will hinder many women’s chances to pursue or complete their education, and it will throw many more women and children deeper into poverty.

Right now, four states – Louisiana, Mississippi, North Dakota, and South Dakota – have trigger laws in place that will prohibit most abortions if Roe is overturned. Nine more states have pre-Roe laws on the books that ban abortion but it is unclear what their status might be in a post-Roe legal context.[1]

While most of these laws target physicians or others providing abortion services, there is increasing noise in Republican circles that pregnant women who terminate their pregnancies should be punished. In fact, candidate Trump said as much to Chris Matthews in a heated interview exchange during the Presidential campaign, though Trump refused to specify what that punishment might be. More recently, Republican politician Bob Nonini from Idaho said that women who have abortions should face the death penalty.

The reality is that middle-class women will continue to have access to abortion services, even if they have to travel to other states to procure them. What is at stake with the fall of Roeis the health and well-being of the most marginalized women in our society and their families.

Who has abortions in the US?

Women’s reproductive histories in this country demonstrate a pattern of the social control of women’s bodily autonomy and a denial of women’s moral agency and intelligence. In this context, the conversation about abortion has forced women to justify their desire to end a pregnancy and it has narrowed the list of acceptable reasons for abortion to what I call the PRIM reasons – prenatal health, rape, incest, and life of the mother.

Only 26.5% of abortions in this country fall into these PRIM categories. This means that three-quarters of abortions in this country are what legal scholar Kate Watson calls “ordinary abortions.” It is these women who are routinely shamed and caricatured as selfish, irresponsible, immature, or sexually immoral in a context where women are required to justify their abortions.

Reframing the debate