Monday, September 17, 2018
Three decades of remorseless ideological and cultural combat—over Robert Bork, over Clarence Thomas and Anita Hill, over Bill Clinton and Newt Gingrich, over Bush v. Gore, and, at last and above all, over Donald Trump—have made the question virtually irrelevant.
Fairness is rooted in the idea of principles, precedent, proportionality. Few people in American life witnessed at closer range than Kavanaugh the modern reality that when things really matter—in the way that the balance of the Supreme Court matters—all these fine notions matter less than the cold, hard exercise of power.
So here was Kavaunagh—who spent his early thirties as a Ken Starr warrior pursuing Bill Clinton for the political and legal implications of his most intimate moral failings—now in his early fifties facing a political crisis over disturbingly vivid, passionately contested, decades-old allegations about Kavanaugh’s own possible moral failings.
I suppose this might be true, from the perspective of a dirtbag. What exactly is the "cold hard exercise of power"? It's a lie, or it isn't. This is why becoming a judge at the moment is a ridiculous bearing of your soul to a strange, rabid beast of mob justice.