Law Schools

Tales From An Unsuspecting T14 1L: ‘Brett Kavanaughs’

This is not a rant against the existence of Bretts, but rather a call to rein them in.

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Judge Brett Kavanaugh (Photo by MANDEL NGAN/AFP/Getty Images)

How are we dealing with “Brett Kavanaughs”?

Not the alleged sex offenders, but the privileged males who know they are destined for power.

Regardless of whether you find Brett Kavanaugh credible, his nomination process and the serious allegations of sexual assault strewn within it have foisted a lot of passionate discussions upon my law school and others.

There are the students who were always into political strategy. There are the professors who avoid discussions of sexual violence in favor of broadly speaking about the areas of law subject to change if Kavanaugh is confirmed. There are the students quietly frustrated that Democrats would “stoop so low.” And then there are the more activist students who take the allegations head on and demand further investigation, if not his disqualification.

Though these thoughts may be valid, I cannot help but feel there is a long term question my colleagues are avoiding.

How do we check privilege?

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Although I have a relatively meager background, I at least went to a prestigious college and am now attending a prestigious law school. So, I have seen multiple levels of privilege. I do not have the appendages to count the amount of times I knew of malfeasance, from assault to vagrancy, that was being downplayed out of respect for someone’s “future.” These people were often male, privileged, or white. Most of them were all three.

The Brett Kavanaughs problem is not about politicians or political appointees who are accused of sexual assault. The Brett Kavanaughs problem reflects the issues surrounding privileged white men who are placed on a trajectory where just putting in a solid effort nearly guarantees some level of success.

I thought the arrogant nature in which these “Bretts” moved about college and law school would end once they were well into their careers. I also thought the godly forces that moved to protect their trajectories would disappear as well. Till now, my optimism hid the fact that these Bretts then take control of those very godly forces that protected them.

The Black people lynched and violated, the gay and trans individuals who were ostracized, the immigrants denied their human rights, the women whose bodies are controlled from the inside out, and the natives whose presence is consistently devalued, were all given such treatment in part because they were wrongly viewed as sexually deviant and vagrant.

The systems originally made for Bretts have conveniently neglected to also incorporate our nation’s historically low tolerance for suspected sexual deviancy and vagrancy into their framework. And you are seeing it play out more publicly with Judge Kavanaugh, regardless of whether he is innocent.

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My institution and others are continuing this tradition. There is a lack of economic diversity in the T14. Responses to inquiries on sexual assault prevention sound more like an insurance policy. Male law students act toxically, predacious, and dismissive toward women. This includes men of color, in case you erroneously thought my focus on Bretts pardoned us from checking our privilege too.

It has got to stop.

This is not a rant against the existence of Bretts, but rather a call to rein them in.

I have classes with tons of Bretts. Not the alleged sex offenders, but the entitled white males who have always been treated and protected as if they deserve to be on top of the world. They will not go away. For us non-Bretts, the bigger issue arises from when the forces that contributed to Bretts’ success also enable some of them to directly harm so many people without repercussions.

I hope that my law school community, let alone our country, can establish the correct norms and procedures so that we can, not only protect people from harm, but also empower people to hold the Bretts that have harmed them accountable.

Earl Grey (not his real name) is currently a 1L at a T14 law school. You can reach him by email at HotTeaForEveryone@gmail.com.

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