The Kavanaugh hearing was a train wreck

I have written before about the implications of these accusations for both opposition to legalized abortion in this country and the #MeToo movement. The hearing did not fundamentally change my view that confronting the reality of sexual assault will require the evaluation of accusations that seem incredible, that emerge seemingly out of nowhere, that involve witnesses whose motivations seem suspect at best, and that doing so will sometimes involve casting aside many valued procedural shibboleths.

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For good or ill I have come to believe that discussing Kavanaugh’s nomination in this broader context was a mistake. This is not only because of the epistemic difficulties inherent in this case, but because for so many people the stakes here are so high that any attempt at reasonable conversation became impossible. The moth-eaten veil of civility has been lifted, probably for good, not only in the Senate itself but among those portions of the American public who concern themselves with the politics of the Supreme Court. It is impossible to disagree, politely or otherwise, about the fitness of a nominee for the Supreme Court or even the prudence of his or her candidacy. The high court’s authority, omnipotent within its narrow sphere, is of too much importance. Is this a good thing? It doesn’t matter. It’s simply true.

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