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The Trials of Judge Kavanaugh

Sunday, 30 September, 2018

Andrew Sullivan nails it in the ‘Daily Intelligencer’ section of New York Magazine with “If everything were fair game in public life, none of us would survive.” Snippet:

To the extent that the hearing went beyond the specifics of Ford’s allegations and sought to humiliate and discredit Kavanaugh for who he was as a teenager nearly four decades ago (a dynamic that was quite pronounced in some Democratic questioning of the nominee), it was deeply concerning. When public life means the ransacking of people’s private lives even when they were in high school, we are circling a deeply illiberal drain. A civilized society observes a distinction between public and private, and this distinction is integral to individual freedom. Such a distinction was anathema in old-school monarchies when the king could arbitrarily arrest, jail, or execute you at will, for private behavior or thoughts. These lines are also blurred in authoritarian regimes, where the power of the government knows few limits in monitoring a person’s home or private affairs or correspondence or tax returns or texts. These boundaries definitionally can’t exist in theocracies, where the state is interested as much in punishing and exposing sin, as in preventing crime. The Iranian and Saudi governments — like the early modern monarchies — seek not only to control your body, but also to look into your soul. They know that everyone has a dark side, and this dark side can be exposed in order to destroy people. All you need is an accusation.

The Founders were obsessed with this. They realized how precious privacy is, how it protects you not just from the government but from your neighbors and your peers. They carved out a private space that was sacrosanct and a public space which insisted on a strict presumption of innocence, until a speedy and fair trial. Whether you were a good husband or son or wife or daughter, whether you had a temper, or could be cruel, or had various sexual fantasies, whether you were a believer, or a sinner: this kind of thing was rendered off-limits in the public world. The family, the home, and the bedroom were, yes, safe places. If everything were fair game in public life, the logic ran, none of us would survive.

Having dug an “illiberal drain”, the Democrats will have to live with the stench.


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