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Tuesday, September 18, 2018

Keeping the Important Questions in Mind

The recent allegations against Brett Kavanaugh, and the argument regarding whether what a "17 year old, presumably very drunk kid" might have done (e.g., sexually assault a fellow student) should have a bearing on his Supreme Court nomination, raise many questions that are important to think about. But some of these questions are more important than others.

Here's an example of an important question:
(1) Should a person who committed a sexual assault as a teenager, and who faced the appropriate legal consequences and has otherwise accepted responsibility for their act, be completely barred from all social and economic opportunities and permanently stripped of their basic participatory rights as citizens (e.g., to vote) for the rest of their life?
Here's an example of a much less important question:
(2) Should a person who committed a sexual assault as a teenager, who has faced no tangible consequences whatsoever at any point in their life and who never acknowledged responsibility, not be given a seat on the single highest judicial body in the country?
And here's an example of a question so utterly unimportant that it's baffling it'd even be asked:
(3) Should we spend any time puzzling through question #2 if we haven't, as a society and in our structure of criminal law and economic practice, unequivocally answered "no" to question #1?
Answer key: (1) No (2) Yes (3) No

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