This article was contributed by the distinguished retired jurist, Judge John Wilson.
Its one of the most prominent law schools in the country. Its graduates often turn to careers as professors rather than practicing lawyers. Its distinguished alumni include Presidents Clinton (Class of ’73) and Ford (Class of ’41), as well as Former US Senator Hillary Clinton, and current Senators Cory Booker and Richard Blumenthal. Supreme Court Justices Alito and Sotomayor are also alumnus of Yale.
The Criminal Justice program at Yale is advertised as ” a rich academic experience studying criminal law through many different lenses.” The course Offerings include “Capital Punishment: Race, Poverty and Disadvantage,” Criminal Justice Reform: Theory and Research in Action,” and “Guns in the United States.” The Professors teaching these classes include Akhil Reed Amar, who teaches Constitutional Law, and Gideon Yaffe, who teaches “the study of metaphysics including causation, free will and personal identity.”
Yale Law School is also the alma mater of Judge Brett Kavanaugh (Class of ’90). Until recently, Yale was quite proud of their nominee for the Supreme Court. In its July 9, 2018 press release, the Dean of Yale Law, Heather Gerken, stated “I can personally attest that, in addition to his government and judicial service, Judge Kavanaugh has been a longtime friend to many of us in the Yale Law School community. Ever since I joined the faculty, I have admired him for serving as a teacher and mentor to our students and for hiring a diverse set of clerks, in all respects, during his time on the court.” Even the aforementioned Professor Amar praised Judge Kavanaugh; “Judge Kavanaugh commands wide and deep respect among scholars, lawyers, judges, and justices.”
In less than three months, however, Yale has turned its back on its once favored son. At the time of his nomination, there was an open letter published in response to the press release, decrying Judge Kavanaugh as “a threat to the most vulnerable.” Of course, not a word of this response letter anticipated the bombshell dropped when Professor Christine Ford accused Brett Kavanaugh of sexually assaulting her sometime in the early 1980s, while both were still in high school.
Since that accusation has been leveled, Yale Law School has been in full retreat before the onslaught of the perpetually outraged. Even Professor Amar, who continues to stand by his endorsement of Judge Kavanaugh’s abilities, has called for “the best and most professional investigation possible — even if that means a brief additional delay on the ultimate vote on Judge Kavanaugh, and even if that investigatory delay imperils his confirmation.”
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Students held an old fashioned sit in protest last week, wearing black, and listening to speeches from the likes of Connecticut Senator Richard Blumenthal (it bears repeating here that while still Attorney General of Connecticut, the Yale Alumnus, Class of ’73, lied to a group of veterans, and claimed that he had served in Vietnam. Protesting is nothing new in the life of students – “fight the power!” students have cried out for many years. But this time, the faculty assisted the protest, by cancelling a total of 31 classes.
Even Dean Gurken, who in July was so proud of Judge Kavanaugh and his accomplishments, now says “As dean, I cannot take a position on the nomination, but I am so proud of the work our community is doing to engage with these issues.”
While Judge Kavanaugh is not a defendant in a criminal prosecution, he is accused of a serious criminal act. He is entitled to due process under the 14th Amendment to the US Constitution. Even after the recent testimony given by Professor Ford before the Senate subcommittee, the allegations remain vague and uncorroborated, insufficient to meet even the slightest burden of proof.
For his own Alma mater to turn its back on Judge Kavanaugh and encourage their law students to rush to judgment, and rely upon incomplete, unreliable evidence in forming their conclusions, is the unkindest cut of all.
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