A national Catholic magazine had endorsed Supreme Court nominee Judge Brett Kavanaugh in July.
A national Catholic magazine had endorsed Supreme Court nominee Judge Brett Kavanaugh in July because of his views on abortion.
But after Kavanaugh and his accuser, Christine Blasey Ford, testified Thursday in front of the Senate Judiciary Committee about her allegation of sexual abuse, America Magazine revoked its endorsement.
Now the editors are denouncing Republicans for not investigating the research psychologist's claim that Kavanaugh sexually assaulted her when they were teenagers and are calling for his nomination to be withdrawn.
"If Dr. Blasey's allegation is true, the assault and Judge Kavanaugh's denial of it mean that he should not be seated on the U.S. Supreme Court," the magazine's editors wrote on Thursday.
"But even if the credibility of the allegation has not been established beyond a reasonable doubt and even if further investigation is warranted to determine its validity or clear Judge Kavanaugh's name, we recognize that this nomination is no longer in the best interests of the country," they added.
Blasey is the first of three women to accuse the Supreme Court nominee of sexual misconduct.
America Magazine is a weekly magazine published by Jesuits, a Catholic religious order for men also known as the Society of Jesus.
At the time of its endorsement, America Magazine's editors hailed Kavanaugh as the champion who could be the Supreme Court's fifth vote to overturn the ruling of Roe v. Wade, which legalized abortion in all 50 states.
They described him as a constitutional "textualist who is suspicious of the kind of judicial innovation" that led to the ruling. The editors mused that his nomination would allow Catholics to transform the public's views on abortion, making it "an even less appealing choice." Kavanaugh, a Catholic, was attending a Jesuit-run private school at the time of the alleged assault.
But Blasey's testimony on Thursday apparently outweighed the magazine's fight against abortion.
Blasey's testimony "clearly demonstrated both the seriousness of her allegation of assault by Judge Brett M. Kavanaugh and the stakes of this question for the whole country," the editors wrote.
The magazine said that Kavanaugh's hearing was now more than a battle of policy issues: "The hearings and the committee's deliberations are now also a bellwether of the way the country treats women when their reports of harassment, assault and abuse threaten to derail the careers of powerful men."
The magazine also warned Republicans on the committee against voting for Kavanaugh without investigating all of the women's claims.
"If Senate Republicans proceed with his nomination, they will be prioritizing policy aims over a woman's report of an assault," they wrote.
"Even if one thinks that Dr. Blasey's allegations are not credible, demonstrating them not to be would require further investigations and testimony," the editors added.
"This would including calling additional witnesses and assessing further allegations against Judge Kavanaugh from other women, to which Republicans on the committee have been unwilling to commit and which would be divisive in any case."
Read America Magazine's full editorial here.
Posted by Carla Herreria, Huff Post, September 28, 2018
American Bar Association Urges F.B.I. Inquiry Into Kavanaugh
The American Bar Association called Thursday evening for postponing a vote on Judge Brett M. Kavanaugh's nomination to the Supreme Court until sexual assault allegations made by Christine Blasey Ford and others are investigated by the F.B.I.
The request was made in a letter from the A.B.A.'s president, Robert M. Carlson, to the Senate Judiciary Committee's chairman, Charles E. Grassley, an Iowa Republican, and Senator Dianne Feinstein of California, the senior Democrat on the panel.
It followed a day of emotional and at times painful testimonyThursday, which included Dr. Blasey's allegations of sexual assault by Judge Kavanaugh at a house party 36 years ago and his angry denial of the encounter.
The bar association urged that senators vote on Judge Kavanaugh's nomination "only after an appropriate background check into the allegations made by Professor Blasey and others is completed by the Federal Bureau of Investigation," the letter said.
The call for a pause is significant not just because of the bar association's clout in the legal community, but because an A.B.A. committee had said unanimously a month ago that Judge Kavanaugh was "well qualified" for the Supreme Court, its highest possible designation.
Judge Kavanaugh and his supporters had noted that distinction in arguing for his nomination to be approved by the Senate.
The request for an investigation was made out of respect for the rule of law and due process, Mr. Carlson wrote.
"The basic principles that underscore the Senate's constitutional duty of advice and consent on federal judicial nominees require nothing less than a careful examination of the accusations and the facts by the F.B.I.," he wrote.
"Each appointment to our nation's highest court (as with all others) is simply too important to rush to a vote," the letter added. "Deciding to proceed without conducting additional investigation would not only have a lasting impact on the Senate's reputation, but it will also negatively affect the great trust necessary for the American people to have in the Supreme Court."
The call for a pause is significant not just because of the bar association's clout in the legal community, but because an A.B.A. committee had said unanimously a month ago that Judge Kavanaugh was "well qualified" for the Supreme Court, its highest possible designation.
Judge Kavanaugh and his supporters had noted that distinction in arguing for his nomination to be approved by the Senate.
The request for an investigation was made out of respect for the rule of law and due process, Mr. Carlson wrote.
"The basic principles that underscore the Senate's constitutional duty of advice and consent on federal judicial nominees require nothing less than a careful examination of the accusations and the facts by the F.B.I.," he wrote.
"Each appointment to our nation's highest court (as with all others) is simply too important to rush to a vote," the letter added. "Deciding to proceed without conducting additional investigation would not only have a lasting impact on the Senate's reputation, but it will also negatively affect the great trust necessary for the American people to have in the Supreme Court."
It was unclear whether the letter could lead to a delay in the nomination process. Republican senators indicated late Thursday that they planned to pursue a committee vote Friday morning.
Austin Ramzy, New York Times, September 28, 2018
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September 28, 2018
Post Script. "If Senate Republicans proceed with his nomination, they will be prioritizing policy aims over a woman's report of an assault," America Magazine editors wrote. The Bar Association also asked for a delay in the vote until an FBI investigation takes place. The ABA wrote to Grassley last night. CALL YOUR SENATORS. Share this too. #Law&DueProcess #StopKavanaugh
