BK and I are the same age.
We experienced the same summer of Beach Week, 1983.
Maybe it was the same exact week and beach, I don’t know.
We both entered college the following fall.
He went to Yale and I did not.
Thirty-five years gone, is there anything that would preclude me from being confirmed as a supreme court justice?
Yes.
It’s no scurrilously coded memories in my high school yearbook.
It’s not a single allegation of abuse of power in any way.
It’s no mistreatment of a minority class, ever.
It’s not any kind of sexual abuse allegation.
It’s no pledge of partisan threats.
It’s no perjury under oath.
It’s that I didn’t graduate from Yale.
I do not have the pedigree.
I am a white male and I like beer. I’ve always liked beer. I still like beer.
But that’s where the comparison ends.
I am an average citizen with, perhaps, an above average propensity for fairness.
Fairness is important to me beyond gender, race and religion.
To me all people really are created equal.
And they should be treated equally, most especially under the eyes of the law.
Where people should not be treated equally– perhaps the only place people should not be treated equally– is when they are being considered for a lifetime appointment to the Supreme Court. There, the standard should surpass equity.
In the process of installing a Supreme Court Justice there should exist above average care and a weighing of the decision with the most extreme gravitas.
And, if there is something to investigate, do so with unequal effort.
From 326 million citizens we select 9 to act as supreme judges over the rest.
Surely that percentage demands unequal conscription.
Suppose there was an exhaustive months long investigation, and suppose BK was completely cleared of all allegations– not just by the Senate Justice Committee, but in the eyes of above average proponents for fairness.
We still heard him say, “what goes around, comes around,” and we know what that means. Somewhere in his mind he is not fair. He is not impartial. He is not judge-like.
Surely, from a pool of 326 million there is someone who, while under oath, being accused of a horrific offense that supposedly occurred more than thirty years ago, right around Beach Week, 1983, might have said, instead:
“These allegations are a complete surprise to me. I demand a full, immediate, and as lengthy as possible investigation to clear my good name.”
Instead of screaming red-faced:
“What goes around, comes around.”
That is the furtive threat of a protected class. A privileged individual.
Proponents of fairness see this and realize there is no real fairness in the process.
And we’re expected to believe there will be fairness in the result?
We didn’t go to Yale but we’re not stupid.
You can substitute any manifestation of the rage of youth in the face of transparent unscrupulousness but this is why punk rock will never die.
Now, this candidate who will likely be confirmed later today, confirmed and installed 100618, does have support among the proletariat.
Why do so many people outside of the privileged class demand this confirmation without a thorough investigation? Or, if they believe the investigation was thorough, why is their support unwavering after BK’s under oath threat to be impartial?
Surely anyone can understand the danger in installing an impartial judge no matter what side the impartiality falls on.
Surely anyone can understand the importance of extreme fairness required for a Supreme Court Justice or, feigning that, not uttering your bias aloud as a threat, under oath in your job interview… where you were actually hired!
Surely party politics are not so important that they’d support ruining our entire system of checks and balances by installing a transparently pro-presidential justice.
Surely, in the 326 million, more are proponents of fairness than a cult of personality.
I cannot speak for their intelligence but the vast majority of them didn’t go to Yale either.