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Situational Ethics

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In a City Journal piece, Heather MacDonald provides some much-needed perspective on the current effort to scuttle the confirmation of Brett Kavanaugh to the Supreme Court.  "If Supreme Court Justice William Brennan were posthumously discovered to have aggressively groped a girl once in high school, should that fact discredit his landmark opinions expanding press freedom, legal protections for criminal defendants, and voting and welfare rights? Would it have been better for the country, from a liberal perspective, if Brennan's judicial career had been derailed from the start?  Ironically, Hillary Clinton had it right when she called her husband's affair with a White House intern a "lapse," notwithstanding that it represented an abuse of workplace hierarchies. Today, of course, Clinton and her supporters are singing a different tune. The late Ninth Circuit Court of Appeals judge Stephen Reinhardt (for whom I clerked), arguably the most liberal judge in the country, was appalled by the treatment of his fellow Ninth Circuit jurist Alex Kozinski, driven off the bench last year by feminists for his juvenile sexual repartee.  Reinhardt told me. It was a tragedy, that privileged law clerks would bring down someone who was fundamentally so good and decent and one of the best judges we have." 

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What Kavanaugh has been described as doing is not "aggressively groping" it is attempted rape. Will this website be advocating for greater leniency for juveniles convicted of sex crimes, who in many states are branded as sex offenders for life on public websites?

I would add that at this point this argument makes no sense. There are only two possibilities. Either Kavanaugh did not do what is alleged, in which case this argument is irrelevant, or he did and he is lying about it, which should be sufficient to disqualify him.

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