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Former Yale Law School dean: Kavanaugh's confirmation an ‘American tragedy’

Former Yale Law School Dean Robert Post slammed Supreme Court Justice Brett Kavanaugh for stoking “the fires of partisan rage and male entitlement" in an op-ed in Politico Magazine 

“For as long as Kavanaugh sits on the court, he will remain a symbol of partisan anger, a haunting reminder that behind the smiling face of judicial benevolence lies the force of an urgent will to power. No one who felt the force of that anger could possibly believe that Kavanaugh might actually be a detached and impartial judge,” Post wrote. 

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“Kavanaugh will inevitably become the focus of distrust and mobilization. His very presence will undermine the court’s claim to legitimacy; it will damage the nation’s commitment to the rule of law. It will be an American tragedy,” he added.

Kavanaugh’s confirmation process was rocked when three women went public with allegations of sexual misconduct against him from when he was in high school and college.

Kavanaugh vehemently denied the allegations before the Senate Judiciary Committee, calling the accusations planned “smears” that were part of Democrats’ “revenge on behalf of the Clintons.”

Kavanaugh’s partisan rhetoric during the hearing disturbed many on the left already outraged about the sexual misconduct allegations. Sen. Lisa MurkowskiLisa Ann MurkowskiPoll: Palin unpopular in Alaska following jab at Murkowski Conservatives bankrolled and dominated Kavanaugh confirmation media campaign Ex-Florida lawmaker leaves Republican Party MORE (R-Alaska), the lone GOP senator to not vote to confirm Kavanaugh, cited “matters of temperament” and “demeanor” in a speech Friday explaining her decision.

Post warned of the consequences of putting Kavanaugh on the court, writing, “Each and every Republican who votes for Kavanaugh, therefore, effectively announces that they care more about controlling the Supreme Court than they do about the legitimacy of the court itself. There will be hell to pay.” 

Post also responded to an op-ed Kavanaugh wrote this week in The Wall Street Journal in which he defended his “emotional” testimony and reasserted the importance of an “independent and impartial judiciary.”

“Judge Kavanaugh cannot have it both ways. He cannot gain confirmation by unleashing partisan fury while simultaneously claiming that he possesses a judicial and impartial temperament. If Kavanaugh really cared about the integrity and independence of the Supreme Court, he would even now withdraw from consideration,” Post responded. 

Protesters made their voices heard throughout Kavanaugh’s confirmation process, with many confronting individual senators on Capitol Hill to recount their own stories of sexual assault. Hundreds were arrested. 

The Senate voted Saturday to confirm Kavanaugh to the Supreme Court by a 50-48 margin. He was sworn in by Chief Justice John Roberts and former Justice Anthony Kennedy in a private ceremony Saturday evening.