(ANTIMEDIA Op-ed) — As expected, the corporate media’s coverage of Brett Kavanaugh’s appointment process is disappointingly superficial. While there’s no doubt sexual harassment is a pressing issue in modern-day America, left-leaning establishment outlets and individuals alike are mired in these accusations, as well as partisan political divides as they fail to recognize Kavanaugh’s very troublesome record of court rulings—rulings that show his verifiable proclivity toward using the government to very literally harass the American people and the rest of the world.
While Congress and the people bicker over their disagreements with Kavanaugh as he testifies, few are discussing what he has in common with both factions of the American ruling class.
The ACLU compiled a report in August detailing his many troublesome perspectives, highlighting his past decisions on surveillance, free speech, presidential and congressional war powers, and as a result, the overarching iron fist of government power that few care to challenge, choosing instead to fight for control of the institution at large.
As the ACLU summarized in its “Report of the American Civil Liberties Union on the Nomination of Judge Brett M. Kavanaugh To Be Associate Justice of the United States Supreme Court”:
“[Kavanaugh’s] record shows his extreme deference to presidential war power and national security claims, an unwillingness to enforce international law absent express incorporation by the political branches, and a tendency to find obstacles to holding government officials accountable for constitutional and human rights abuses in national security cases.”
One of the greatest constitutional violations since 9/11 has been the U.S. government’s denial of fair trials and redress over government violations of rights within the justice system. Kavanaugh has encouraged these encroachments. In the 2015 case Meshal v. Higgenbotham, Kavanaugh moved to deny “a remedy to an American citizen detained and abused by FBI agents overseas,” siding with security over freedom, claiming that giving the American citizen in question his constitutional rights might undermine efforts to fight terrorism.
In a 2009 case, Saleh v. Titan, he asserted military contractors cannot be held liable to human rights abuses as long as they are acting under the authority of the U.S. military. There is ample evidence of these abuses, but Kavanaugh does not believe in holding government affiliates accountable. Similarly, in the same ruling, he asserted that “government contractors [are] immune from torture claims brought under the [Alien Tort Statute] when the contractors operate under the control of the U.S. military.” The military’s violent authority trumps all.