The Republican-controlled Congress recently voted to confirm the nomination of Judge Brett Kavanaugh by President Donald Trump to serve on the United States Supreme Court. Congress voted to confirm Judge Kavanaugh by one of the narrowest margins in the history of the United States. Based on the substance and delivery of Judge Kavanaugh’s sworn testimony before the United States Senate Judiciary Committee, life-long Republican and long-serving Supreme Court Justice John Paul Stevens publicly declared that now Justice Kavanaugh should not serve on the Supreme Court. On the same grounds, the American Bar Association has taken the unprecedented step of reevaluating whether Justice Kavanaugh is actually fit to serve on the Supreme Court. In addition, approximately 2,500 legal scholars and law professors across the United States have declared in writing that Justice Kavanaugh is not qualified to serve on the Supreme Court.
Justice Kavanaugh, like President Trump, continues to face allegations of sexual assault by multiple women. It is unclear how those serious charges, which have yet to be fully investigated, will impact Justice Kavanaugh, specifically, and the Supreme Court, generally. It is clear, however, that Judge Kavanaugh’s rulings in past labor, employment law, civil rights, and other public-interest oriented cases have overwhelmingly favored large corporations, employers, and other defendants in civil cases. The evident politicization of the Supreme Court raises significant questions about how future Supreme Court decisions will be regarded, especially in high profile and hotly contested cases.