For the past week, Americans have argued about whether or not Brett Kavanaugh is guilty of sexual assault. But at this point, it doesn’t really matter.
Of course, his guilt or innocence matters in some contexts. It matters to him and his loved ones. It matters to Dr. Christine Blasey-Ford and her loved ones. It matters to the sexual assault victims who see themselves in Ford’s testimony. It matters to our public discourse surrounding sexual violence.
But as far as whether or not Brett Kavanaugh should be confirmed as a Supreme Court Justice—which is why we’re all here to begin with—it doesn’t matter. At this point, even if the various sexual assault allegations against him were 100% false, even if it’s all a “sham” as Lindsey Graham claims, even if this is one great big partisan hit job to make him appear unfit, none of it would matter.
The Senate screens a candidate for SCOTUS so that they can “advise and consent” on the nominee. In doing so, they’re examining not only his education and judicial record, but also whether or not he has what it takes to serve a lifetime appointment in the highest judicial office in the land.
Naturally, putting an attempted rapist on the bench would not be an ideal choice, but we don’t have definitive proof of that. What we do have now is undeniable proof that he is not fit for the job.
Brett Kavanaugh disqualified himself in the Senate hearing with behavior unbefitting a Supreme Court Justice.
For the sake of argument, let’s say that he is completely innocent of all allegations. How he responds to such allegations is still important. How he behaves when questioned, how he expresses himself, how he comports himself under pressure—these are all aspects of “judicial temperament” that the Senate needs to take into consideration.
The concept of judicial temperament is somewhat elusive. While there is no definitive description of what it looks like, we tend to know it when we see it—and more importantly, we know it when we don’t.
The American Bar Association simplifies what makes a good judge in its online curriculum for educators with a list of character qualities which we might consider when defining "judicial temperament":
Civil
Humble
Courteous
Patient
Empathetic
Trustworthy
Honest
Skeptical yet trusting
Open-minded
Fair
A good listener
Someone who asks questions
Unbiased
Perceptive
Helpful
Realistic
Self-confident
Efficient
Firm and in control
Effective
Diligent
Reputable
Responsive
Deliberative
Diversity conscious
Recognized member of community
Good role model
If those are the qualities we should expect from any judge, a nominee for the Supreme Court should exemplify them to the highest degree. Did Judge Kavanaugh exemplify each of these qualities to the highest degree in that Senate hearing, while under oath, in front of the entire nation?
On several counts, no, he did not.
His partisan jabs show that he is not “unbiased,” and his demonstrable lies knock out “honest.”
A judge who is supposed to be impartial and unbiased doesn’t say things like, “This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election. Fear that has been unfairly stoked about my judicial record. Revenge on behalf of the Clintons. and millions of dollars in money from outside left-wing opposition groups.” I mean, really.
A judge who is supposed to be honest doesn’t say that “boofed” and “Devil’s Triangle” are innocent drinking terms when everyone who is familiar with those terms know that they are salacious euphemisms for specific sex acts. A judge who is honest doesn’t try to make obvious youthful transgressions, no matter how embarrassing, into something they are not.
An honest person, when confronted with undignified things they were obviously party to in the past, says, “I did some things in my past that I am not proud of. The culture in which I spent my youth had many toxic and unhealthy elements to it, and I did and said things I regret and am embarrassed by. I have learned a lot and changed a lot since then.” They don’t keep saying all they did was go to church, play sports, drink responsibly, and not have sex.
Even if he were innocent of all sexual assault allegations, it’s obvious that he was immersed in a heavy partying culture in high school and college that all of us recognize. Why not just own up to that? Sometimes telling the truth is hard, but if you’re trying to be a Supreme Court Justice, there’s no room for any dishonesty of any kind, especially under oath.
Perhaps most disturbing was his barely contained rage and his disrespectful interchanges with Senators. What I saw was not “civil,” “courteous,” and “firm and in control.”
I went into the hearing with an open mind, and was honestly shocked by Kavanaugh’s behavior. I’ve never seen anything like that from someone who is supposed to be a highly respected professional. When Senator Klobuchar asked him if he’d ever drunk so much that he didn’t remember something, his response was "You're asking about blackout. I don't know, have you?" Who says that? Then after she calmly asked him to answer the question, he doubled down about her drinking again.
I'm pretty sure this isn't what the ABA means by "Someone who asks questions." Why would you not simply answer the question?
Sen. Klobuchar and Kavanaugh share tense exchange over judge's drinking habitsSen. Klobuchar: There’s never been a case where you drank so much that you didn’t remember what happened the night before?Judge Kavanaugh: “I don't know. Have you?”…Klobuchar: “I have no drinking problem, Judge.”Kavanaugh: “Nor do I.” https://nbcnews.to/2N6dSVZ
Posted by NBC News on Thursday, September 27, 2018
To his credit, he apologized to the Senator afterward. However, the fact that it happened in the first place is unacceptable. So was his yelling throughout the hearing.
People keep saying that he has a right to be upset and that anyone would respond with that level of anger at being falsely accused. But he’s not just anyone—he’s the nominee for the highest judicial position in the land.
It's not like this accusation had just happened that morning and he was having a knee-jerk reaction. He had at least ten days to gather his emotions and composure before appearing before the Senate. I don’t fault him for arriving at the hearing ready to defend himself; however, I do fault him for being unable to do so with the decorum that we should expect from a Supreme Court Justice.
Whether he sexually assaulted anyone is not the most relevant question, especially since it’s unlikely to be definitively proven one way or another. The question is whether he has what it takes to do the job he’s lined up for.
As a Supreme Court Justice, he will be subjected to unending hate mail, his character and beliefs will be constantly attacked, and his motivations for his judgments will be called into question every single time. He has to be able to handle those attacks with self-control, civility, and impartiality. That’s the job.
And he has proven, beyond a reasonable doubt, that he’s not up for it.
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12 non-threatening leadership strategies for women
We mustn't hurt a man's feelings.
Men and the feels.
Note: This an excerpt is from Sarah Cooper's book, How to Be Successful Without Hurting Men's Feelings.
In this fast-paced business world, female leaders need to make sure they're not perceived as pushy, aggressive, or competent.
One way to do that is to alter your leadership style to account for the fragile male ego.
Should men accept powerful women and not feel threatened by them? Yes. Is that asking too much?
IS IT?
Sorry, I didn't mean to get aggressive there. Anyhoo, here are twelve non-threatening leadership strategies for women.
Encourage.
With permission from Sarah Cooper.
When setting a deadline, ask your coworker what he thinks of doing something, instead of just asking him to get it done. This makes him feel less like you're telling him what to do and more like you care about his opinions.
Sharing ideas.
With permission from Sarah Cooper.
When sharing your ideas, overconfidence is a killer. You don't want your male coworkers to think you're getting all uppity. Instead, downplay your ideas as just "thinking out loud," "throwing something out there," or sharing something "dumb," "random," or "crazy."
Email requests.
With permission from Sarah Cooper.
Pepper your emails with exclamation marks and emojis so you don't come across as too clear or direct. Your lack of efficient communication will make you seem more approachable.
Idea sharing.
With permission from Sarah Cooper.
If a male coworker steals your idea in a meeting, thank him for it. Give him kudos for how he explained your idea so clearly. And let's face it, no one might've ever heard it if he hadn't repeated it.
Sexism.
With permission from Sarah Cooper.
When you hear a sexist comment, the awkward laugh is key. Practice your awkward laugh at home, with your friends and family, and in the mirror. Make sure you sound truly delighted even as your soul is dying inside.
Mansplain.
With permission from Sarah Cooper.
Men love explaining things. But when he's explaining something and you already know that, it might be tempting to say, "I already know that." Instead, have him explain it to you over and over again. It will make him feel useful and will give you some time to think about how to avoid him in the future.
Mistakes.
With permission from Sarah Cooper.
Pointing out a mistake is always risky so it's important to always apologize for noticing the mistake and then make sure that no one thinks you're too sure about it. People will appreciate your "hey what do I know?!" sensibilities.
Promotions.
With permission from Sarah Cooper.
Asking your manager for a promotion could make you seem power- hungry, opportunistic, and transparent. Instead, ask a male coworker to vouch for you. Have your coworker tell your manager you'd be great for the role even though you don't really want it. This will make you more likely to actually get that promotion.
Rude.
With permission from Sarah Cooper.
Sometimes not everyone is properly introduced at the start of a meeting. Don't take it personally even if it happens to you all the time, and certainly don't stop the meeting from moving forward to introduce yourself. Sending a quick note afterward is the best way to introduce yourself without seeming too self-important.
Interruptions.
With permission from Sarah Cooper.
When you get interrupted, you might be tempted to just continue talking or even ask if you can finish what you were saying. This is treacherous territory. Instead, simply stop talking. The path of least resistance is silence.
Collaboration.
With permission from Sarah Cooper.
When collaborating with a man, type using only one finger. Skill and speed are very off-putting.
Disagreements.
With permission from Sarah Cooper.
When all else fails, wear a mustache so everyone sees you as more man-like. This will cancel out any need to change your leadership style. In fact, you may even get a quick promotion!
In conclusion...
With permission from Sarah Cooper.
Many women have discovered the secret power of non-threatening leadership. We call it a "secret power" because no one else actually knows about it. We keep our power hidden within ourselves so that it doesn't frighten and intimidate others. That's what makes us the true unsung heroes of the corporate world.
About the Author: Sarah Cooper
Sarah Cooper is a writer, comedian, and author of 100 Tricks to Appear Smart in Meetings. Her new book, How to Be Successful Without Hurting Men's Feelings, is out now.
The comedic book cover.
With permission from Sarah Cooper.
A satirical take on what it's like to be a woman in the workplace, Cooper draws from her experience as a former executive in the world of tech (she's a former Googler and Yahooer). You can get the book here.
This article was originally published on March 25, 2019.