Benjamin Studebaker

Yet Another Attempt to Make the World a Better Place by Writing Things

Tag: #MeToo

The Republicans are Sticking with Kavanaugh for Purely Political Reasons

Remember when Antonin Scalia died and Barack Obama tried to replace him? I remember because on that occasion I wrote one of the most mistaken pieces I’ve ever published on this site: “How Obama Can Replace Scalia“. In that piece, I argued that because previous Supreme Court justices had been replaced in time periods much shorter than the remainder of Obama’s term, Obama would surely also be able to replace Scalia before leaving office. After all, if Republicans attempted to block him for almost a full year, the public would be furious with them for playing politics with the court, and would play a price at the 2016 election. I even had a nice chart:

Scalia Replacement

I was completely wrong about this because I underestimated the degree to which the Supreme Court has become transparently political, even in the eyes of ordinary Americans. Our political parties hardly even have to excuse politicising the court (though they try to do so anyway). We all know that some of the justices are conservative and some are liberal, even if they couch their political ideology behind legal theories like “originalism” and “textualism”. We recognise that there is no such thing as an apolitical judge, that when judges claim to be politically neutral they are being disingenuous. So we now treat Supreme Court nominations like any other political issue and fight tooth and nail to ensure that the next judge is someone we can ideologically live with. And we may have to live with their ideology a long time–between presidents picking younger judges and judges living longer, the average bench time for a Supreme Court justice has quietly increased by around a decade. Having learnt from my mistakes, I now look at the fight to replace Anthony Kennedy quite differently.

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#MeToo Needs to be about Principles, Not Celebrity Shaming

One of the inherent difficulties the #MeToo movement faces is the strong incentives the media has to ruin the whole thing. The initial incidents–the abuses of power by people like Trump, Weinstein, and C.K.–are useful insofar as they start a conversation about policy and principles. But the risk is that #MeToo will be reduced to the little more than the quest for more high-profile allegations, because nothing sells ads like celebrity gossip. And in that quest for more exciting allegations principles are lost in a sea of particularities–we forget about the forest and gaze longingly into the trees. And so we’ve come to the Aziz Ansari moment, a moment which was inevitable–some media outlet publishes some allegations which seem to some people to be much less serious than the allegations that have gone before, and yet seem to another group of people to warrant the same response those previously accused received. We’re reduced to a debate over whether our response to the specific Ansari allegation is reasonable, and then that debate is projected onto everything else. If Ansari is the victim of a witch hunt, is the whole thing a witch hunt? The appropriate response is to refuse to play this game in the first place–#MeToo isn’t really about exposing guilty people and publicly shaming them. It has, to this point, often been conducted in that way. But it’s really about getting people to treat each other better. To do that, we have to know what “better” involves. We have to talk about principles, not people.

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