Reprinted with permission from MediaMatters.
Ever since President Donald Trump nominated Brett Kavanaugh to fill retiring Anthony Kennedy’s Supreme Court seat, media outlets have continually downplayed the energy and activism of those working to oppose this far-right nominee’s confirmation, treating it as a fait accompli.
Trump announced Kavanaugh’s nomination on July 9, 2018, a week and a half after Justice Anthony Kennedy disclosed that he would be retiring from the Supreme Court (he officially retired July 31). Despite Kavanaugh’s record as “an uncommonly partisan judge” with troubling views on the environment, labor, LGBTQ discrimination, abortion rights, gun safety, immigration, and more, many media figures portrayed him as a centrist pick who is “within the broad mainstream” and “not as far right” as other options Trump considered.
In addition, many outlets have treated his confirmation as inevitable. For example, The Washington Post and The New York Times argued that activists weren’t engaged in the fight to stop Kavanaugh. As the Post wrote, “Democrats have all but acknowledged that they are unable to stop the Senate from confirming Trump nominee Brett M. Kavanaugh for the Supreme Court this fall,” while the Times blamed everything from upcoming midterm elections to activists’ inability to compete with “an almost daily barrage of other Trump administration actions” for the perceived lack of energy. New York magazine similarly argued that “the resistance to Kavanaugh has remained on a low flame, failing to boil over into the righteous fury that characterized the battle over Obamacare repeal last summer.”
However, as Rewire.News’ Katelyn Burns reported, “Brett Kavanaugh’s ascension to the U.S. Supreme Court is not inevitable.” Dawn Laguens, executive vice president of Planned Parenthood Action Fund told Burns, “A veneer of inevitability has been the actual strategy that the people backing Kavanaugh have used,” but activists are “countering that and saying, ‘No way.’” HuffPost guest writer Robert Creamer similarly argued that treating Kavanaugh’s nomination as inevitable “plays right into the hands of Senate Majority Leader Mitch McConnell, who hopes to create a self-fulfilling prophecy.” Creamer pointed to Kavanaugh’s extremely narrow path to confirmation — with Republicans having “a tiny effective majority of 50 to 49 in the Senate” — as well as his incredibly low approval numbers, and the “unprecedented nationwide campaign to resist” his confirmation, as evidence that the fight against Kavanaugh is far from over. As Teen Vogue columnist Lauren Duca wrote: “When you subscribe to the myth of inevitability, you confirm it as reality, and for anyone who gives a sh*t about equality and/or democracy, that is simply not an option.”
Outlets may not be reporting on the vast amount of activist energy against Kavanaugh, but people are fired up and making their feelings known:
Kavanaugh’s confirmation isn’t inevitable — he’s got the lowest approval ratings of any Supreme Court nominee in decades, in addition to an extreme record on a number of consequential topics. The hearings to confirm Kavanaugh start soon. And media shouldn’t erase or ignore the very real opposition to his confirmation that’s on display across the country.
Header image by Melissa Joskow / Media Matters