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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Sunday, June 16, 2024

One Way Back by Christine Blasey Ford

I enjoyed books about the Warren, Burger, and Rehnquist Courts. I have had less luck with books about the Roberts Court. 

Perhaps, it is somewhat related to the fact that I read more contemporary material online about the Supreme Court. For instance, Linda Greenhouse's book about the year surrounding Barrett's entry is basically fine. I did not find much new. 

Some accounts say a book added useful background to the Affordable Care Act Cases. I found the discussion somewhat underwhelming. 

Ruth Marcus’s 2019 book, Supreme Ambition, about Brett Kavanaugh’s rise to power and the events that took place after Dr. Christine Blasey Ford accused him of sexual assault was another matter. I decided that reading that book would have too many disgusted moments. I would be screaming into the void too many times. I have enough stress as is. 

I will let Prof. Sherry Colb -- RIP -- do her usual excellent best to handle that book. She had two basic levels -- professorial and angry -- the latter upped a notch when she knew she had little time left. Her anger and disgust that her two daughters had to live with "Commander Sam Alito, At Your Cervix" would have led to some disgust, regardless.

As the National Women's Law Center noted:

The recent revelations that the FBI performed the most superficial of investigations into the claims against Kavanaugh is part of a pattern of failing survivors, from Anita Hill, to Dr. Blasey Ford, to Debbie Ramirez, to Simone Biles, and more than a hundred athletes. Three years after Kavanaugh’s confirmation to the Supreme Court, we have a new administration and an opportunity to chart a new course. Our leaders cannot continue to be complicit in enabling abusers. The Biden administration and Congress must show that they are invested in real investigations, not hollow, three-day reviews. They must show they value truth and the pursuit of justice, and institutions like the FBI and the Department of Justice must prove to the people of this country that they are here to serve the people, and not just the powerful, from those in our highest courts to those in our college campuses.

On this blog, I opposed Brett Kavanaugh's nomination to the Court of Appeals. He was the primary author of the infamous Starr Report. I felt Kavanaugh was a needlessly partisan selection. The Democrats blocked his appointment until the bipartisan "Gang of 14" reached an agreement. 

Others, including the co-hosts of Strict Scrutiny Podcast, are not impressed with his career overall. They felt he was a sort of "bro" hanger-on type.  He does come off as a bit of an asshole. Gorsuch has different asshole vibes, more of a patronizing ass type. Kavanaugh seems more needy. 

My opinion did not improve when he was nominated to the Supreme Court. For instance, he helped to delay the abortion of a teenage non-citizen. Of the not great options, I thought Amy Coney Barrett would least worse. She seemed to provide a somewhat different perspective. I think her time on the Court overall reaffirmed my limited support at the time.

We then found out that Dr. Christine Blasey Ford notified two members of Congress that he sexually abused her in high school. While drunk, he helped hold her down and tried to remove her clothes. She was able to escape but his laughter stuck in her brain forever. Kavanaugh handled this badly.*

Retired Justice John Paul Stevens originally supported his nomination. He changed his mind after Kavanaugh's ranting in response to the allegations. Kavanaugh's antics were hilariously portrayed on Saturday Night Live.  

Obviously, it is not a funny matter overall. Just how much so is shown in Ford's autobiographical account, One Way Back. She suffered years of harassment, death threats, and more for coming out. Someone without her professional reputation, financial means, and support would not be likely to handle it.

For instance, she hired expensive security guards, took a leave of absence, and spent months away from home in hotels and other temporary housing. Lots of people would not be able to do this, even with help from GoFundMe.

Manchin (who did not vote for Barrett) voted for Kavanaugh. Collins did so as well, after a vitriolic speech attacking her critics. Murkowski was the one Republican who did not vote for him. Her act of courage was a vote "present." 

Chuck Grassley, now 90 years old, later released a smear job. The FBI did a sham investigation, not even questioning Ford herself. I was angry for her reading the book (which she wrote herself; no co-author cited). Imagine how people who were victims of sexual abuse felt.  

The book has three photos. The first photo is of her leaping into an ocean. She is a big surfer. The second is her in a Metallica shirt surrounded by letters. She dedicates the book to people who send her letters. She says the book is in effect her answer to them. The third is the back profile picture.

Her husband's family was publicly vocal in their support. For instance, the actress Bridgit Mendler (Good Luck Charlie) is her niece on her husband's side. She tweeted support to "Aunt Chrissy." Her family was not. She notes she barely talks to her brothers, even at family events. 

Ford does not want to be harsh (she notes not being difficult is her thing) but hard to think there were not some bad feelings about how that went down. Her mother was frail after an illness but her personal opinions are mostly left out. 

Her father did not want her to come out. He desired to stay out of it. She notes her father's brief rather impersonal statement to the press:

I think all of the Blasey family would support her. I think her record stands for itself. Her schooling, her jobs, and so on.

He might be socially liberal, by her lights, but Ralph Blasey was still conservative. Likewise, she notes her father wrote to Kavanaugh's father (they belonged to the same country club):

I'm glad Brett got confirmed, so we can all put this behind us now.

Well, the fathers might be able to do that, but Dr. Ford continued to get death threats and so on. She cried when she found out (after he hairsplit about not sending a "letter" but then admitted he sent an email).  

It's simply hard to imagine the level of anger held against her for daring to release information that in the end did not change much for Kavanaugh. The level of ugliness on that side is appalling. The Republicans released a 400-page report that dwelled on such things as doubting she truly feared flying and enclosed spaces. No quarter.**

Some liberals continue to want to play nice. Do not do too much, including talk about expanding the Supreme Court, since it will lead to partisan revenge. What is wrong with you? Were they somehow gentle in the past? 

It is a well-written and down-to-earth book. We learn about her complete life, not just two moments. It is at times not easy to read. If I wanted to carp, she probably could have edited a few pages near the end. But, sure, do not ask me to write a book that is around three hundred pages!  

Some people who are survivors might have some trauma reading it. A few who have been harmed will be upset that they do not receive the support she did. "Ophrah Winfrey didn't call me! Where is my invite to her home?!"

She -- to use surfer imagery -- did "paddle out and took her chances." She felt it was her duty as a citizen. She dealt with a lot of shit and many have a lot to apologize for. 

It is somewhat amazing how much she felt a need to apologize and grant her imperfections. A reader might want to say to her that she is a wonderful accomplished human being who dealt with life's prevails a lot better than many others have. 

And, yes, we are still waiting for that time when "justice will prevail." Meanwhile, Kavanaugh is a justice of the Supreme Court. I doubt that will ever not rankle.  

===

* Dr. Ford offered the hypo of Kavanaugh not being a total asshole. He could have said that he did not remember doing it or even apologized for his youthful actions. 

She thinks he does remember doing it. But, if he had gone that route, she might have done some serious thinking. She noted two of her friends offered the possibility that some people do change. BK apparently did not. 

(Prof. Colb notes the book cited above has two other convincing accounts of him doing sexual predator-type things. The two accounts involve him drunkenly exposing his penis and having a woman -- at least once not consensually -- touch it. This time he was at Yale. Okay.) 

I also think the most egregious part of his actions was his response as an adult, a sitting Court of Appeals judge. There were numerous other choices. You did not have to go with a sexual predator. That has an "own the libs" feel to it.

His ranting and raving during the nomination process clinched the deal. 

** The fact only one Republican failed to vote to confirm (there were a couple votes margin; Jeff Flake or someone else could have at least gone Murkowski's route) just underlines the type of party they have become.

The idea that Dr. Ford -- in the heat of the #MeToo Era -- along with the Democrats were cynical partisans is bullshit. 

Sen. Feinstein mishandled the whole thing. She was already running for re-election (she should have stepped down) while she was in her mid-80s. Ford notified her congresswoman and senior senator early in the process. Feinstein for whatever reason wanted to bury it but it came out anyhow. 

Once it did, what exactly did the Republicans expect them to do, especially at that time? And, it is hard to expect such an allegation to stay hidden. Ignore a credible allegation from an esteemed professor and biostatistician? 

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