Brett Kavanaugh: What has he been accused of and what do the allegations mean for Supreme Court?

Three women have come forward with accusations. Mr Kavanaugh has categorically denied the veracity of each

Clark Mindock
New York
Thursday 27 September 2018 15:45 BST
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Brett Kavanaugh tells Fox News: 'I'm not going anywhere' over sexual misconduct allegations

In what will undoubtedly prove to be a pivotal moment in the potential confirmation of Supreme Court nominee Brett Kavanaugh, Dr Christine Blasey Ford — the first of at least three women to come forward with sexual misconduct or assault allegations against the nominee — is set to testify before the Senate Judiciary Committee as controversy swirls around President Donald Trump’s pick to join the nation’s highest court.

Mr Kavanaugh’s nomination has been mired in scandal since Ms Ford came forward, setting off a whirlwind of efforts both for and against the conservative judge’s confirmation.

Since Ms Ford came forward with her allegations, Mr Kavanaugh’s confirmation process has turned into a media frenzy the likes of which have not been seen since the confirmation of Associate Justice Clarence Thomas in 1991, who was also accused of sexual harassment during his confirmation.

Mr Kavanaugh has categorically denied all allegations of sexual misconduct.

Here is what you need to know ahead of the hearings.

What are the accusations, and who has accused him of what?

Mr Kavanaugh is facing accusations from at least three women that he sexually assaulted them, or that they witnessed him sexually assaulting others.

Ms Ford, now 51, has alleged that Mr Kavanaugh drunkenly forced her down onto a bed during a house party in 1982 in Maryland, and then groped her, attempted to remove her clothes, and held his hand over her mouth so that she could not scream for help. A second male, Mark Judge, was said to have been in the room at the time, and was allegedly amused by what he saw before toppling into the two and stopping the assault. All three would have been teenagers at the time, and both went to schools somewhat close to one another.

Both Mr Kavanaugh and Mr Judge have denied such an incident occurred, and Mr Judge has denied memory of any such incident.

"I categorically and unequivocally deny this allegation. I did not do this back in high school or at any time,” Mr Kavanaugh said in a statement.

The second accusation came from Deborah Ramirez, now 53, who said that Mr Kavnaaugh exposed himself to her at a dorm party at Yale University when they were both freshmen. She says that Mr Kavanaugh and a group of other students were play a drinking game, and that she became intoxicated. Mr Kavanaugh, she alleges, then shoved his penis in her face.

Ms Ramirez told The New Yorker that she was initially reluctant to come forward with her accusation because she was drunk at the time and her “memories contained gaps”.

In response to Ms Ramirez's accusations, Mr Kavanaugh said the following in a statement: "This alleged event from 35 years ago did not happen. The people who knew me then know that this did not happen, and have said so. This is a smear, plain and simple. I look forward to testifying on Thursday about the truth, and defending my good name -- and the reputation for character and integrity I have spent a lifetime building — against these last-minute allegations".

The third accusation, which became public on Wednesday, comes from Julie Swetnick, now 55, who graduated from a Montgomery County, Maryland public high school. Mr Kavanaugh and Ms Ford both attended schools in the county, but went to private schools.

Ms Swetnick — who says she has received security clearances while working for the State Department of Justice, and Department of Homeland Security — said that she witnessed Mr Kavanaugh and his former classmate, Mark Judge, attempt to get teenage girls “inebriated and disoriented so they could then be ‘gang raped’ in a side room or bedroom by a ‘train’ of numerous boys”.

She said that she was the victim of one of those gang rapes, but did not single Mr Kavanaugh or Mr Judge out as one of her assailants.

In response to the Ms Swetnick's accusations, Mr Kavanaugh said the following in a statement: "This is ridiculous and from the Twilight Zone. I don't know who this is and this never happened".

What do these allegations mean for the Supreme Court?

The nomination of Mr Kavanaugh could have incredible impacts on the future of the court, which currently is split with four roughly conservative justices and four roughly liberal justices.

If Mr Kavanaugh is confirmed, it could shape the court for decades to come, and leave a lasting conservative imprint on the United States that traces back to Mr Trump’s presidency.

The court could be asked to rule on some pretty heavy topics, from same sex marriage, to the right of women to have abortions, to environmental protection standards. Of particular concern, especially in light of the nature of allegations against Mr Kavanaugh, is the affirmation of repeal of Roe v Wade — the Supreme Court decision that affirmed the legality of abortions in America.

Donald Trump says Deborah Ramirez was 'drunk' in fiery defence of Brett Kavanaugh

What would need to happen for Mr Kavanaugh to not be confirmed?

There are a lot of moving parts here, of course, but the bar bones answer is: Senate Republicans, who currently hold a slim 51-seat majority, would need to lose two votes (assuming Democrats, with 49 votes, unanimously vote against him).

At least eight Republicans have announced that they will wait until after Ms Ford’s hearing on Thursday, and Mr Kavanaugh’s hearing, before making up their mind.

But, just four — Senators Lisa Murkowski, Susan Collins, Bob Corker, and Jeff Flake — are truly considered to be potential swing votes. Whether the whirlwind of controversy and Ms Ford’s testimony is enough to shift two of those votes is to be seen.

It is not clear that Democrats will all vote against Mr Kavanaugh, however.

There re 10 Democrats running for re-election in red states, and who could potential backlash come November if they don’t vote to confirm a Supreme Court candidate favoured by a Republican president. Of those, three voted for Justice Neil Grouch — another pick of Mr Trump.

Time shall tell whether those Democrats think they have enough cover from their voters back home — Mr Kavanaugh is historically unpopular — to vote against the conservative judge.

What does all this mean for Mr Trump and Republican chances in November?

Mr Kavanaugh’s nomination presents the chance for Mr Trump to have picked two Supreme Court justices within his first two years — which would undoubtedly be considered a major win for him and his legacy.

Mr Trump and the Republicans could potentially use that victory to energize their base going into the November midterm elections — which could prove to be a potentially powerful counterbalance to Democratic enthusiasm that has been expected for months now as those elections have drawn closer.

That said, win or lose, Democrats could feel emboldened by the outcome and drive significant numbers to the polls as well. Democrats are showing signs that they could make major gains in the House of Representatives — and some have speculated that it may be possible for them to retake the Senate as well.

What seems likely is that, especially if Mr Kavanaugh is confirmed, the outcome could influence women in the US both to vote and to run for office. A record number of women are already running in the 2018 midterms, and it is theorized that the election of Mr Trump — a man who has been accused of sexual assault himself — may have played a significant role in that calculus.

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