Supremely Unfit

If Brett Kavenaugh were fit to be on the Supreme Court, he would withdraw his name from consideration immediately.  That he has not withdrawn his name is yet another indication that he is unfit.

Kavenaugh may be guilty of sexual misconduct--perhaps multiple instances.  Regardless of his guilt or innocence, he has been caught in a number of evasions and outright lies in his Senate testimony under oath.  He has wrecked his reputation as a jurist capable of non-partisan judgment.  As a Justice, he will damage the integrity of the Supreme Court for a generation.  Therefore if he cared about the Court, as any potential Justice should, he would withdraw now.

Beyond the particulars of misconduct and deception, the case against him could hardly be expressed better than in an editorial appearing in the Portland (Maine) Press Herald, urging Maine Senator Susan Collins to vote against him, regardless of the FBI investigation's outcome:

“Based on what he demonstrated in his own testimony, Kavanaugh lacks the character and judgment to serve on the Supreme Court…. Kavanaugh revealed that he has an explosive temper and resorts to bullying when he feels threatened… Kavanaugh also showed himself to be impermissibly political for a job that is supposed to be above politics. We’re not naïve. But we have never had a Supreme Court nominee who ripped off the nonpartisan mask the way Kavanaugh did Thursday… After his partisan rant, Kavanaugh will never be able to judge a case without the animus he expressed being considered a factor in his decision.”

It is clear from all of this that his presence on the Court will damage the institution itself.  There will most likely be continuing controversy and investigations into his statements and conduct, including impeachment proceedings, when Democrats become the majority in the House (probably this year) and Senate (if not in the 2018 elections, in the 2020.)  No Supreme Court decision will escape being tainted, and trust in the institution as the supreme law of the land will fall precipitously.

So if Judge Kavanagh truly values the Court and the Constitution above personal ambition and political partisanship, he would recognize this and withdraw his name from consideration.

But he probably doesn't.  He clearly values partisan advantage over jurisprudence.  His refusal to call for an FBI investigation seems to have been motivated as much by taking instructions from the White House as fear of what the FBI might find.

But of course, his complete fealty to extreme right Republican dogma and Republican politics is what makes him attractive to the current Republicans in the Senate.  None of them care about the integrity of the Court either.

At this point it seems unlikely that the results of the limited FBI investigation will be interpreted by the Republican hierarchy as definitive enough evidence to alter the outcome they so want more than anything else, even electoral victory.  As of now, it still seems likely that the Senate will confirm him, with all Republicans and possibly even one Democrat's votes.

But this time the searchlight will not be turned off, as it was with Clarence Thomas.  More will probably be learned very soon.  For example, if someone who obviously had a serious drinking problem can't admit it, does it not seem possible if not likely that he still has one?  The lies and the flaws will be exposed and will be remembered for a long time to come.
 
Placing the integrity, fairness and stability of the Supreme Court over personal ambition, ideology and political partisanship should be the first qualification of any candidate to be a Supreme Court Justice. Given the current situation, the only way Brett Kavanagh can support the integrity, fairness and stability of the Supreme Court is to withdraw his name.