from The New York Magazine, Andrew Sullivan writes Everyone Lost at the Ford-Kavanaugh Hearings:
To the extent that the hearing went beyond the specifics of Ford’s allegations and sought to humiliate and discredit Kavanaugh for who he was as a teenager nearly four decades ago (a dynamic that was quite pronounced in some Democratic questioning of the nominee), it was deeply concerning. When public life means the ransacking of people’s private lives even when they were in high school, we are circling a deeply illiberal drain. 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. These lines are also blurred in authoritarian regimes, where the power of the government knows few limits in monitoring a person’s home or private affairs or correspondence or tax returns or texts. These boundaries definitionally can’t exist in theocracies, where the state is interested as much in punishing and exposing sin, as in preventing crime. 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. All you need is an accusation.
The Founders were obsessed with this. They realized how precious privacy is, how it protects you not just from the government but from your neighbors and your peers. They 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. The family, the home, and the bedroom were, yes, safe places. If everything were fair game in public life, the logic ran, none of us would survive.
And it is the distinguishing mark of specifically totalitarian societies that this safety is eradicated altogether by design. There, 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.
This is why institutional norms are so important, why ends justifying the means can be so dangerous. Sullivan was concerned about Kavanaugh’s deference to executive power. Would he have been so concerned if Obama was still in office?
But that was at least a relevant issue. Inquiries into Kavanaugh’s year book entries recalled questions to Clarence Thomas about a comment of a pubic hair on a soft drink can. Votes for Kavanaugh are now required to stop to the lunacy of Democratic Stalinism. Qualification becomes secondary to both sides.
If a woman is defending herself from rape her sexual history and behavior is considered off limits. The only relevant evidence is the circumstance of the event in question.