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It doesn't matter whether Brett Kavanaugh is 'guilty' of sexual assault.

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 habits

Sen. 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.

Health

4 simple hacks to help you meet your healthy eating goals

Trying to eat healthier? Try these 4 totally doable tricks.

Photo by Anna Pelzer on Unsplash

Most of us want to eat healthier but need some help to make it happen.

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When it comes to choosing what to eat, we live in a uniquely challenging era. Never before have humans known more about nutrition and how to eat for optimal health, and yet we’ve never been more surrounded by distractions and temptations that derail us from making healthy choices.

Some people might be able to decide “I’m going to eat healthier!” and do so without any problem, but those folks are unicorns. Most of us know what we should do, but need a little help making it happen—like some simple hacks, tips and tricks for avoiding pitfalls on the road to healthier eating.

While recognizing that what works for one person may not work for another, here are some helpful habits and approaches that might help you move closer to your healthy eating goals.

man pulling chip out of a chip bagOur mouths loves chips. Our bodies not so much.Photo by Bermix Studio on Unsplash

Goal: Snack on less junk food

Tip: Focus your willpower on the grocery store, not your home

Willpower is a limited commodity for most of us, and it is no match for a bag of potato chips sitting on top of the fridge. It’s just a fact. Channeling your willpower at the grocery store can save you from having to fight that battle at home. If you don’t bring chips into your house in the first place, you’ll find it a lot easier to reach for something healthier.

The key to successful shopping trips is to always go to the store with a specific list and a full stomach—you’ll feel much less tempted to buy the junky snack foods if you’re already satiated. Also, finding healthier alternatives that will still satisfy your cravings for salty or crunchy, or fatty foods helps. Sugar snap peas have a surprisingly satisfying crunch, apples and nut butter hit that sweet-and-salty craving, etc.

slice of cakeYou can eat well without giving up sweets completely.Photo by Caitlyn de Wild on Unsplash

Goal: Eat less sugar

Tip: Instead of “deprive,” think “delay” or “decrease and delight”

Sugar is a tricky one. Some people find it easier to cut out added sugars altogether, but that can create an all-or-nothing mindset that all too often results in “all.” Eating more whole foods and less processed foods can help us cut out a lot of ancillary sugar, but we still live in a world with birthday cakes and dessert courses.

One approach to dessert temptation is to delay instead of deprive. Tell yourself you can have any sweet you want…tomorrow. This mental trick flips the “I’ll just indulge today and start eating healthier tomorrow” idea on its head. It’s a lot easier to resist something you know you can have tomorrow than to say no to something you think you’ll never get to have again.

Another approach when you really want to enjoy a dessert at that moment is to decrease the amount and really truly savor it. Eat each bite slowly, delighting in the full taste and satisfaction of it. As soon as that delight starts to diminish, even a little, stop eating. You’ve gotten what you wanted out of it. You don’t have to finish it. (After all, you can always have more tomorrow!)

colorful fresh food on a plateA naturally colorful meal is a healthy meal.Photo by Anna Pelzer on Unsplash

Goal: Eat healthier meals

Tip: Focus on fresh foods and plan meals ahead of time

Meal planning is easier than ever before. The internet is filled with countless tools—everything from recipes to shopping lists to meal planning apps—and it’s as awesome as it is overwhelming.

Planning ahead takes the guesswork and decision fatigue out of cooking, preventing the inevitable “Let’s just order a pizza.” You can have a repeating 3-week or 4-week menu of your favorite meals so you never have to think about what you’re going to eat, or you can meal plan once a week to try new recipes and keep things fresh.

It might help to designate one day a week to “shop and chop”—getting and prepping the ingredients for the week’s meals so they’re ready to go in your fridge or freezer.

woman holding blueberries in her handsOrganic foods are better for the Earth and for us.Photo by andrew welch on Unsplash

Goal: Eat more organic/humanely raised food

Tip: Utilize the “dirty dozen” and “clean 15” lists to prioritize

Many people choose organic because they want to avoid pesticides and other potentially harmful chemicals. Organic food is also better for the planet, and according to the Mayo Clinic, studies have shown that organic produce is higher in certain nutrients.

Most people don’t buy everything organic, but there are some foods that should take priority over others. Each year, researchers from the Environmental Working Group (EWG) analyze thousands of samples of dozens of fruits and vegetables. From this data, they create a list of the “Dirty Dozen” and “Clean 15” fruits and vegetables, indicating what produce has the most and least pesticide residue. These lists give people a good place to start focusing their transition to more organic foods.

To make organic eating even simpler, you can shop O Organics® at your local Albertsons or Safeway stores. The O Organics brand offers a wide range of affordable USDA-certified organic products in every aisle. If you’re focusing on fresh foods, O Organics produce is always grown without synthetic pesticides, is farmed to conserve biodiversity, and is always non-GMO. All animal-based O Organics products are certified humane as well. Even switching part of your grocery list to organic can make a positive impact on the planet and the people you feed.

Healthy eating habits don’t have to be all or nothing, and they don’t have to be complicated. A few simple mindset changes at home and habit changes at the grocery store can make a big difference.

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via UNSW

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