I've been trying to understand the specific legalities around the Kavanaugh nomination and here's what I've come to.
The started criteria a candidate must meet in order to even be considered for a role on the US Supreme Court, as outlined by The American Bar Association is;
1. Member in good standing in the state bar for at least five years
2. Practicing trial attorney and/or trial judge for at least 12 years
3. Competent citizen of good character, integrity, reason, intelligence, and judgment
4. Distinguished accomplishments
5. Required to be legal scholar
Providing he meets 1, 2, 4, & 5 (which he does), the issue of whether Judge Kavanaugh could be considered a Supreme Court Justice comes down to this question.
Is he a competent citizen of good character?
So what does that mean? According to the American Bar Association, the issue of one's Character comes down to these two questions:
1. Is there anything in my past (or my present) that might bring my character and fitness into question?
2. If my character is in question, what can I do now to begin to rehabilitate my reputation?
So again, as stated by the American Bar Association, as it relates to the first point, (something that might bring my character into question) the four areas of concern for bar examiners are;
1. existence of a criminal record,
2. untreated mental illness and substance abuse,
3. lack of candor,
4. and financial irresponsibility.
So, the issue of whether Brett Kavanaugh is a competent citizen of good character comes down to 2 questions:
1. Is there an existence of a criminal record?
2. Has he shown a lack of candor
Whether you believe what Dr Ford says or not, it is a moot point with regard to criminal record. The statute of limitations on any criminal offense (short of actual murder), that might result from Dr Ford's allegations has expired. What I mean by this is even if Kavanaugh is guilty of everything, it doesn't matter. Because he was not charged, and there was no criminal record, it is as though he has no criminal record. It is a moot point.