Brett Kavanaugh’s future as a possible U.S. Supreme Court justice is in doubt. However, his nomination to the court is far from a dead duck.
The FBI is conducting an investigation into at least two of the accusations that Kavanaugh assaulted women sexually many years ago. The U.S. Senate will then get to vote on whether to confirm him.
Suppose, then, he becomes Justice Brett Kavanaugh. What happens when the court gets a case involving the constitutionality, say, of a court ruling involving a case involving sexual assault?
Might that happen? Well, it damn sure could. Given all the attendant publicity that has erupted around Kavanaugh’s Senate confirmation process, I doubt seriously anyone down the road is going to forget what we’ve heard about what allegedly occurred when Kavanaugh was a high school student. That he allegedly pinned a young woman to a bed, sought to disrobe her, sought to have his way with her sexually.
How does a Supreme Court justice with that kind of accusation hanging over his head rule on a future case involving a similar circumstance?