Writes Andrew Sullivan in "Everyone Lost at the Ford-Kavanaugh Hearings" (New York Magazine).
I remember long ago when I was a young law professor sitting next to a federal judge who wanted to tell me how to become a federal judge. (Weirdly, the Judge was Alex Kozinski.) I told him I didn't want to be a judge, because it's better to be a law professor: You have more freedom of speech and behavior — freedom to be an individual. You don't have to continually present yourself as sober and conventional for years and years and years. Who wants to live like that? But now, a quarter century later, the standard of how constrained you need to be is unfathomably strict. Who will be left to aspire to such a cold, lifeless prize? And we, the people, are the losers, because these Justices of the Future will have little to do with the rest of us fallible humans. How will they understand what is at stake?! Why would they value freedom of speech, when they let theirs go when they were 10?
I'm reminded of President Nixon's nomination of G. Harrold Carswell. There were a few reasons why this was a bad nomination, but what was so memorable about it was one Senator's effort to defend him against the charge that he was "mediocre":
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...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....On the subject of family members denouncing each other, remember that ad we were just talking about, with 6 siblings telling people not to vote for their brother. "I couldn't be quiet any longer," one sister said with emotive intensity. I predict that the day is coming when a Supreme Court nominee's own children come forward and report random sexist microaggressions heard over the dinner table.
The Founders... 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....
[In totalitarian societies], the private is always emphatically public, everything is political, and ideology trumps love, family, friendship or any refuge from the glare of the party and its public. Spies are everywhere, monitoring the slightest of offenses. Friends betray you, as do lovers. Family members denounce their own mothers and fathers and siblings and sons and daughters. The cause, which is usually a permanently revolutionary one, always matters more than any individual’s possible innocence. You are, in fact, always guilty before being proven innocent. You always have to prove a negative. And no offense at any point in your life is ever forgotten or off the table.
I remember long ago when I was a young law professor sitting next to a federal judge who wanted to tell me how to become a federal judge. (Weirdly, the Judge was Alex Kozinski.) I told him I didn't want to be a judge, because it's better to be a law professor: You have more freedom of speech and behavior — freedom to be an individual. You don't have to continually present yourself as sober and conventional for years and years and years. Who wants to live like that? But now, a quarter century later, the standard of how constrained you need to be is unfathomably strict. Who will be left to aspire to such a cold, lifeless prize? And we, the people, are the losers, because these Justices of the Future will have little to do with the rest of us fallible humans. How will they understand what is at stake?! Why would they value freedom of speech, when they let theirs go when they were 10?
I'm reminded of President Nixon's nomination of G. Harrold Carswell. There were a few reasons why this was a bad nomination, but what was so memorable about it was one Senator's effort to defend him against the charge that he was "mediocre":
Even if he were mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance? We can't have all Brandeises, Frankfurters and Cardozos.We don't need a mediocrity on the Court, of course. We don't want the representation of mediocrity, but we do want flesh and blood people, not nine abstemious, over-careful, controlled strivers who've excluded all daring and fun from their lives going back to the age of 10.
