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Another New Book Available: States of the Union, The History of the United States through Presidential Addresses, 1789-2023
Mount Greylock Books LLC has published States of the Union: The History of the United States through Presidential Addresses, 1789-2023. St...
Friday, October 26, 2018
How Arms Control dies, 1933-36 and 2002-18
This week's post appears here--another parallel with the 1930s.
Friday, October 19, 2018
Political Murders in Changing Times
Last week, it seems, Saudi
officials murdered the exiled Saudi journalist Jamal Kashoggi in the Saudi
consulate in Istanbul. Press reports have now identified one of the
killers as a close associate of Crown Prince Mohammed bin Salman, the effective
ruler of the Kingdom. The world community in general and the government
of the United States in particular are deciding what to do. Kashoggi's
death is more than a single international crime or an episode in the relations
between the US and an important ally; it is another big step towards a world of
authoritarian dictators who show no respect for established norms. As such, it recalls another big step towards
such a world in the early stages of the last great world crisis in the first
half of the twentieth century: the murder of the Italian deputy Giacomo
Matteotti by Fascist terrorists in June 1924.
European democracy began to die in the
1920s in Italy. United by a series of
small wars from 1859 through 1871, Italy had been a functioning constitutional
monarchy from 1871 until 1922. Its
government and traditional elites had lost the confidence of the people,
however, after a costly, disastrous decision to enter the First World War in
1915. Although Italy was among the
victors, the war brought less than no benefit to its people, and both left- and
right-wing revolutionary movements arose in its wake. Benito Mussolini, a former socialist, emerged
in the early 1920s as the leader of the new Fascist Party. Terrorism helped bring that party to
power. Fascist militias called Squadristi, for which there is at
present no parallel in any western nation, terrorized large parts of Italy,
driving socialists and liberals into exile in major cities. In 1922 they escalated their revolution,
marching into major cities, and later in that year Mussolini led them in a
March on Rome. Mussolini was however in many ways a traditional politician, and
he did not attempt to overthrow the established order. Instead he became head
of the government within its own framework, appointed Prime Minister by the
King—rather like Recep Erdogan in Turkey, or Rodrigo Duterte in the
Philippines, or, in his own way, Mohammed bin Salman in Riyadh. Mussolini initially formed a coalition government
with other right wing elements, and during the first two years of his rule,
political violence ebbed within Italy and the country seemed to have
stabilized. Parliament, complete with
opposition deputies, continued to function.
Similar situations prevail in Turkey and Saudi Arabia, where the new leaders
have carried out extensive purges but the framework they have inherited remains,
today.
The turning point in the history of
Mussolini’s regime came in July 1924, when Squadristi
kidnapped and murdered the socialist deputy and opposition leader Giacomo
Matteotti, To many Italians Matteotti symbolized
honesty and rectitude in politics, and although Mussolini muzzled the Italian
press, he suddenly became massively unpopular.
In January 1925, in an extraordinary parallel with current events, an
Italian journalist named Camille Cianfarra obtained a confession from one of
Matteotti’s murderers, the head of the press bureau of the foreign office. Cianfarra was now the correspondent of the Chicago Tribune, and after the Tribune published the confession, the Italian
government arrested him and tortured him. The American Embassy did secure his
release, but he died shortly thereafter.
Meanwhile, Mussolini in January 1925 had proclaimed a totalitarian
regime, the beginnings of the establishment of dictatorship. Nonetheless, the British, French and German
governments treated him as a fully equal power in the critical Locarno
negotiations later that summer, which reached new agreements on the
Franco-German frontiers. The Matteotti
murder started a long term trend. In
1932, Japanese naval officers assassinated several leading politicians,
including Prime Minister Inukai Tsuyoshi, and effectively brought civilian politicians
under control for the next 13 years.
Then on June 30, 1934, a year and a half after taking power, Adolf
Hitler sent SS men to murder a number of key dissident Nazis and other
political opponents in the Night of the Long Knives. The era of Fascist dictatorship was in full
swing. Three years later, in 1937,
Stalin began large-scale executions of leading generals and Communists.
Both President Vladimir Putin of Russia
and Kim Jong Un of North Korea have apparently ordered assassinations of
political opponents in foreign countries over the last few years. President Trump has continued to heap praise
upon them both, and he has not yet criticized Mohammed Bin Salman for Kashoggi’s
death. While there are no totalitarian movements
comparable to Fascism, Nazism and Stalinism in power anywhere today,
authoritarian rule has become a normal feature of our landscape. While the western nations still must maintain
some kind of relations with authoritarian states, they must also find ways to
hold them accountable for acts on foreign soil, if not at home, and to make it
clear that advanced democratic nations stand for something very different. That is what Franklin Roosevelt managed to do
in the 1930s. As yet we have no FDR on
the horizon this time around.
Saturday, October 13, 2018
Feminism, postmodernism, and politics
Because this post may easily make some people angry, I shall begin with a statement of what I am, and am not, trying to do with it. I have no illusions that I can affect the ideological and emotional movement known as #MeToo, which burst upon the national scene once again last month in connection with Justice Kavanaugh's confirmation. It is well established and its impact is going to continue. It has helped to bring one prominent criminal to justice and may do the same again. It has created a new orthodoxy within the Democratic Party. My goal is simply to identify some of its intellectual origins, to explore some of the implications of its ideology that have emerged quite clearly in several contexts, and to assess its contemporary political impact. I plan to stay away from any explicit value judgments about it and I hope that people of all political stripes might be able to get something out of this post.
The movement, of course, grows out very real problems, sexual violence against women and the exploitation of power by men for sexual purposes. The intellectual fashions of the last few decades, however, have moved those problems in to a particular context and addressed them with particular language. We must begin with those fashions.
To those who want to understand those fashions and what has happened in academia since the 1980s I comment an essay by a young British intellectual, Helen Pluckrose, entitled, "No, Postmodernism is Not Dead (and Other Misconceptions)." Ms. Pluckrose's name is in the news because she, along with two authors, wrote a series of hoax articles based on grievance politics, some of which were accepted and published by academic journals. She appears to have the makings of a Millennial Camille Paglia, not only because of her clarity of thought, but because she lacks the histrionics and extreme edginess of her Boomer counterpart. Her essay, a serious piece of intellectual history, begins at the beginning and tries to distill the essence of Lyotard, Foucault, and Derrida, with particular attention to their view of the relationship between language and reality. Language, they argued, did not and could not objectively reflect reality, but served as a tool to situate people of different kinds within a hierarchy of power. I would add, although she does not say this, that many postmodernists, consciously or unconsciously, have come to regard language as the only meaningful form of power, and indeed, to reduce real political events--up to and including the Second World War--to symbolic statements about power that resonate in people's memories (another favorite term.) This has always looked to me like an easy trap for a professional academic in the relatively stable late twentieth century to fall into, since in academia knowledge, or holding the right views, is power, and often prevails without anything resembling a real-world test. I don't disagree that ideas can and do acquire a power of their own, but that often has to do with the degree of their correspondence with reality.
The original postmodernists, Pluckrose argues, weren't very political at all. They only wanted to undermine the idea of objectivity and replace it, really, with chaos. "Deconstruction" wasn't followed by "reconstruction," it was an end in itself. New generations, Pluckrose argues, went in an entirely different direction. "The next wave of critical theorists," she writes, "developed postcolonial theory, queer theory, intersectionality, and critical race theory." I don't know why she left out "gender theory," since she proceed to discuss various types of feminism. To explain the shift these strains represented, she quotes KimberlĂ© Crenshaw, who defined the term“intersectionality.”
“While the descriptive project of postmodernism of questioning the ways in which meaning is socially constructed is generally sound, this critique sometimes misreads the meaning of social construction and distorts its political relevance… But to say that a category such as race or gender is socially constructed is not to say that that category has no significance in our world. On the contrary, a large and continuing project for subordinated people – and indeed, one of the projects for which postmodern theories have been very helpful in thinking about – is the way power has clustered around certain categories and is exercised against others.”
"Intersectionality" refers to multiple categories of oppression. Dominant ideologies might subordinate an individual because she was female on the one hand and nonwhite on the other (as Crenshaw is), or as LGBT. More importantly, however, Pluckrose says that "intersectional feminists. . .developed a strong focus on identity politics which the earlier postmodernists had not, following Crenshaw and those who expanded upon her work. This form of feminism dominates the academy and activism now." And she might have added, I think, that elite institutions have mainstreamed these ideas about liberals, as contemporary commentary and reporting on issues like Kavanaugh's confirmation shows.
To be specific I shall now focus on two specific controversies that have upended our political and intellectual worlds over the last month or so. One, of course, is Kavanaugh's confirmation. The second was the publication in The New York Review of Books--for half a century our outstanding intellectual journal--of a lamentation, "Reflections from a Hashtag," by Jian Ghomeshi, who was for some years a radio star on the Canadian Broadcasting Company, hosting a popular program on culture. In 2014 the CBC fired him after allegations of sexual harassment and sexual assault, and in 2016 he was tried for three charges of sexual assault brought by three different women. The judge acquitted him for reasons which any readers can look into on a very detailed wikipedia page about his trial. The Crown dismissed a fourth charge after Ghomeshi posted a peace bond and apologized for his behavior. Notwithstanding his acquittal, he became a pariah in intellectual circles and the target of a widespread campaign on social media.
Just last month, the New York Review of Books published a long article by Ghomeshi detailing, not his version of the events which had led to his termination and trial but his experiences as a target of that campaign. A firestorm of criticism immediately engulfed the New York Review and its editor, the very respected Ian Buruma, who had replaced the late Robert Silvers less than one year ago. Confronted by threats from university presses to pull the ads on which the publication depends, Buruma resigned as editor. The current issue concludes with 36 different letters about Ghomeshi's piece, 31 one complaining about it (and a few canceling their subscriptions) and 5 approving of it. It also includes a letter from more than 100 contributors to the magazine--really a kind of Who's Who of the intellectual elite of the Silent and Boom generations--praising Buruma's editorship and finding it "very troubling" that he could have been forced to resign because of one article, "repellent though some of us may have found this article."
Both the feminist reaction to Christine Blasey Ford's testimony, in my opinion, and the negative letters about Ghomeshi's article, illustrate some essential principles of feminist activism today which, as Plumrose points out, reflect basic tenets of postmodernism in its two phases which no longer need to be spelled out, and which some protesters may not even explicitly understand themselves. I would state these as follows. Modern western society is characterized by the domination of men, especially straight white men, over women. That domination is expressed both through language and through acts, which are themselves a form of language. Any form of sexual assault is such an act. (For decades feminists have argued, without systematic evidence of any kind, that rape is about power, not sex, and that its very purpose is to subjugate women.) Straight white men also exercise domination by inflicting trauma--and any act that reflects their dominance can inflict such trauma. This is the theory behind the idea of "microaggressions" which is a feature of campus ideology today. And critically, every form of trauma experienced by any member of an oppressed group--that is, any nonstraightwhitemale--is simply one tiny part of a much larger trauma that straight white males have been inflicting for millennia. That is why even hearing Christine Blasey Ford's story of 35 years ago, many women said, triggered their own traumas. It's also why feminists claim that reporting an assault, much less bringing the accused to trial and testifying publicly against him and undergoing cross-examination, is a further trauma that victims should not have to undergo. Let me say again that I am not taking any position on these tenets of the new ideology, I am merely trying to report them. Everyone can decide for him or herself whether to accept them. There is some reason to think that Blasey Ford accepted them herself. That may be why she actually believed that by giving her story to her Congresswoman she might stop Kavanaugh from being nominated or confirmed. Here Senator Feinstein, in my view, did her a grave disservice. When the accusation reached her she should have told Blasey Ford that she had only two choices. She could come forward publicly, at great personal cost--a cost reflecting the political stakes involved in the appointment--or she could decide to remain silent. There was no third way--and in a free political system, there should not be.
It is because every violation of boundaries, from actual rape to an unwanted hand on the posterior, supposedly symbolizes a much bigger system of oppression, I believe, that feminists have thrown out any concept of degrees of severity where these issues are concerned. No less a figure than the junior Senator from New York, Kirsten Gillibrand, stated this very clearly in a famous facebook post in which she explained why her colleague Al Franken had to resign from the Senate because a news reporter said that he had given her more of a kiss than she had bargained for, and a few women said he had patted their rear at campaign stops. I quote:
"The pervasiveness of sexual harassment and the experience women face every day across America within the existing power structure of society has finally come out of the shadows. It is a moment that we as a country cannot afford to ignore. . . . To achieve lasting change, we will need to fight this everywhere on behalf of everyone by insisting on accountability and working to bring more women into leadership in each industry to fundamentally shift the culture. . . .
The movement, of course, grows out very real problems, sexual violence against women and the exploitation of power by men for sexual purposes. The intellectual fashions of the last few decades, however, have moved those problems in to a particular context and addressed them with particular language. We must begin with those fashions.
To those who want to understand those fashions and what has happened in academia since the 1980s I comment an essay by a young British intellectual, Helen Pluckrose, entitled, "No, Postmodernism is Not Dead (and Other Misconceptions)." Ms. Pluckrose's name is in the news because she, along with two authors, wrote a series of hoax articles based on grievance politics, some of which were accepted and published by academic journals. She appears to have the makings of a Millennial Camille Paglia, not only because of her clarity of thought, but because she lacks the histrionics and extreme edginess of her Boomer counterpart. Her essay, a serious piece of intellectual history, begins at the beginning and tries to distill the essence of Lyotard, Foucault, and Derrida, with particular attention to their view of the relationship between language and reality. Language, they argued, did not and could not objectively reflect reality, but served as a tool to situate people of different kinds within a hierarchy of power. I would add, although she does not say this, that many postmodernists, consciously or unconsciously, have come to regard language as the only meaningful form of power, and indeed, to reduce real political events--up to and including the Second World War--to symbolic statements about power that resonate in people's memories (another favorite term.) This has always looked to me like an easy trap for a professional academic in the relatively stable late twentieth century to fall into, since in academia knowledge, or holding the right views, is power, and often prevails without anything resembling a real-world test. I don't disagree that ideas can and do acquire a power of their own, but that often has to do with the degree of their correspondence with reality.
The original postmodernists, Pluckrose argues, weren't very political at all. They only wanted to undermine the idea of objectivity and replace it, really, with chaos. "Deconstruction" wasn't followed by "reconstruction," it was an end in itself. New generations, Pluckrose argues, went in an entirely different direction. "The next wave of critical theorists," she writes, "developed postcolonial theory, queer theory, intersectionality, and critical race theory." I don't know why she left out "gender theory," since she proceed to discuss various types of feminism. To explain the shift these strains represented, she quotes KimberlĂ© Crenshaw, who defined the term“intersectionality.”
“While the descriptive project of postmodernism of questioning the ways in which meaning is socially constructed is generally sound, this critique sometimes misreads the meaning of social construction and distorts its political relevance… But to say that a category such as race or gender is socially constructed is not to say that that category has no significance in our world. On the contrary, a large and continuing project for subordinated people – and indeed, one of the projects for which postmodern theories have been very helpful in thinking about – is the way power has clustered around certain categories and is exercised against others.”
"Intersectionality" refers to multiple categories of oppression. Dominant ideologies might subordinate an individual because she was female on the one hand and nonwhite on the other (as Crenshaw is), or as LGBT. More importantly, however, Pluckrose says that "intersectional feminists. . .developed a strong focus on identity politics which the earlier postmodernists had not, following Crenshaw and those who expanded upon her work. This form of feminism dominates the academy and activism now." And she might have added, I think, that elite institutions have mainstreamed these ideas about liberals, as contemporary commentary and reporting on issues like Kavanaugh's confirmation shows.
To be specific I shall now focus on two specific controversies that have upended our political and intellectual worlds over the last month or so. One, of course, is Kavanaugh's confirmation. The second was the publication in The New York Review of Books--for half a century our outstanding intellectual journal--of a lamentation, "Reflections from a Hashtag," by Jian Ghomeshi, who was for some years a radio star on the Canadian Broadcasting Company, hosting a popular program on culture. In 2014 the CBC fired him after allegations of sexual harassment and sexual assault, and in 2016 he was tried for three charges of sexual assault brought by three different women. The judge acquitted him for reasons which any readers can look into on a very detailed wikipedia page about his trial. The Crown dismissed a fourth charge after Ghomeshi posted a peace bond and apologized for his behavior. Notwithstanding his acquittal, he became a pariah in intellectual circles and the target of a widespread campaign on social media.
Just last month, the New York Review of Books published a long article by Ghomeshi detailing, not his version of the events which had led to his termination and trial but his experiences as a target of that campaign. A firestorm of criticism immediately engulfed the New York Review and its editor, the very respected Ian Buruma, who had replaced the late Robert Silvers less than one year ago. Confronted by threats from university presses to pull the ads on which the publication depends, Buruma resigned as editor. The current issue concludes with 36 different letters about Ghomeshi's piece, 31 one complaining about it (and a few canceling their subscriptions) and 5 approving of it. It also includes a letter from more than 100 contributors to the magazine--really a kind of Who's Who of the intellectual elite of the Silent and Boom generations--praising Buruma's editorship and finding it "very troubling" that he could have been forced to resign because of one article, "repellent though some of us may have found this article."
Both the feminist reaction to Christine Blasey Ford's testimony, in my opinion, and the negative letters about Ghomeshi's article, illustrate some essential principles of feminist activism today which, as Plumrose points out, reflect basic tenets of postmodernism in its two phases which no longer need to be spelled out, and which some protesters may not even explicitly understand themselves. I would state these as follows. Modern western society is characterized by the domination of men, especially straight white men, over women. That domination is expressed both through language and through acts, which are themselves a form of language. Any form of sexual assault is such an act. (For decades feminists have argued, without systematic evidence of any kind, that rape is about power, not sex, and that its very purpose is to subjugate women.) Straight white men also exercise domination by inflicting trauma--and any act that reflects their dominance can inflict such trauma. This is the theory behind the idea of "microaggressions" which is a feature of campus ideology today. And critically, every form of trauma experienced by any member of an oppressed group--that is, any nonstraightwhitemale--is simply one tiny part of a much larger trauma that straight white males have been inflicting for millennia. That is why even hearing Christine Blasey Ford's story of 35 years ago, many women said, triggered their own traumas. It's also why feminists claim that reporting an assault, much less bringing the accused to trial and testifying publicly against him and undergoing cross-examination, is a further trauma that victims should not have to undergo. Let me say again that I am not taking any position on these tenets of the new ideology, I am merely trying to report them. Everyone can decide for him or herself whether to accept them. There is some reason to think that Blasey Ford accepted them herself. That may be why she actually believed that by giving her story to her Congresswoman she might stop Kavanaugh from being nominated or confirmed. Here Senator Feinstein, in my view, did her a grave disservice. When the accusation reached her she should have told Blasey Ford that she had only two choices. She could come forward publicly, at great personal cost--a cost reflecting the political stakes involved in the appointment--or she could decide to remain silent. There was no third way--and in a free political system, there should not be.
It is because every violation of boundaries, from actual rape to an unwanted hand on the posterior, supposedly symbolizes a much bigger system of oppression, I believe, that feminists have thrown out any concept of degrees of severity where these issues are concerned. No less a figure than the junior Senator from New York, Kirsten Gillibrand, stated this very clearly in a famous facebook post in which she explained why her colleague Al Franken had to resign from the Senate because a news reporter said that he had given her more of a kiss than she had bargained for, and a few women said he had patted their rear at campaign stops. I quote:
"The pervasiveness of sexual harassment and the experience women face every day across America within the existing power structure of society has finally come out of the shadows. It is a moment that we as a country cannot afford to ignore. . . . To achieve lasting change, we will need to fight this everywhere on behalf of everyone by insisting on accountability and working to bring more women into leadership in each industry to fundamentally shift the culture. . . .
"We have to rise to the occasion, and not shrink away from it, even when it’s hard, especially when it’s hard. That is what this larger moment is about. So, I have spent a lot of time reflecting on Senator Franken’s behavior. Enough is enough. The women who have come forward are brave and I believe them. While it’s true that his behavior is not the same as the criminal conduct alleged against Roy Moore, or Harvey Weinstein, or President Trump, it is still unquestionably wrong, and should not be tolerated by those of us who are privileged to work in public service.
"As the mother of two young boys, we [sic] owe it to our sons and daughters to not equivocate, but to offer clarity. We should not have to be explaining the gradations between sexual assault, harassment and unwelcome groping. And what message do we send to our sons and daughters when we accept gradations of crossing the line? None of it is ok and none of it should be tolerated. [emphasis added.]
"We should demand the highest standards, not the lowest, from our leaders, and we should fundamentally value and respect women. Every workplace in America, including Congress, needs to have a strong process and accountability for sexual harassment claims, and I am working with others to address the broken and opaque system in Congress.
"While Senator Franken is entitled to have the Ethics Committee conclude its review, I believe it would be better for our country if he sent a clear message that any kind of mistreatment of women in our society isn’t acceptable by stepping aside to let someone else serve."
Any transgression, in short, by any man against any woman, should evidently result in the termination of whatever his career happens to be, followed by an indefinite sentence as a social leper. Neither exoneration in court, nor offenses that (as in Franken's case) could never be subject to prosecution, makes any difference--because every offense is part of something much bigger, a generalized series of offenses by men against women in which each must be punished for all. And for the same reason, any man who defends an accused man, or even gives a public forum--as Buruma did for Ghomeshi--must be severely punished as well.
Any transgression, in short, by any man against any woman, should evidently result in the termination of whatever his career happens to be, followed by an indefinite sentence as a social leper. Neither exoneration in court, nor offenses that (as in Franken's case) could never be subject to prosecution, makes any difference--because every offense is part of something much bigger, a generalized series of offenses by men against women in which each must be punished for all. And for the same reason, any man who defends an accused man, or even gives a public forum--as Buruma did for Ghomeshi--must be severely punished as well.
To this must be added another tenet: that women's accusations against men should, by their very nature, be believed. The general model of oppression helps get around some of the problems inherent in this tenet. Ghomeshi was acquitted partly because he was able to produce a morning-after message from one of his accusers in which she spoke very warmly about the encounter that she later claimed to be abusive. Many feminists would argue that this message merely proved the depths of her oppression.
And behind this controversy lies the biggest question of all. Has western civilization been mainly a system that allows straight white men to oppress anyone else? Or is western civilization characterized, especially in comparison to othercivilizations, by certain ideas of equality that initially applied only to white men but which inevitably have spread to include everyone else? Forty years of academic postmodernism, I think, have brought the first view into the mainstream and into our politics. I do not share it.
And thus, from the moment Christine Blasey Ford came forward, millions of women and many men immediately trusted her story and assumed that Kavanaugh, based on what she said he did 36 years ago at age 17, must be denied his seat on the Supreme Court. Here, however, ideology met reality.
Numerous commentators and op-ed writers have suggested, in effect, that President Trump and Republican Senators stood up for Kavanaugh not in spite of the accusations against him, but because of them. In this view they were defending their "white male privilege" and reasserting their contempt for women. Only in the postmodern vision, however, does this hold water. I did not, as I explained here earlier, want Kavanaugh confirmed, either before or after the allegations. The Republicans wanted him confirmed for one reason: that he would hand down the kinds of opinions that they wanted handed down. (These do, to be sure, include overturning Roe v. Wade, but they include a lot more besides.) They think his legal opinions are more important than what he may have done when he was 17 or 18. The Republicans, unlike the Democrats (see Franken, Al), believe in strong party loyalty, which is one reason that they have achieved such dominance in our government at this time. Now it turns out that the whole controversy has energized Republican voters and, crucially, made it easier for Republicans to turn red state races into referendums on national issues instead of local ones. If they retain control of the Senate, which seems likely, Donald Trump may choose yet another Supreme Court justice.
Numerous commentators and op-ed writers have suggested, in effect, that President Trump and Republican Senators stood up for Kavanaugh not in spite of the accusations against him, but because of them. In this view they were defending their "white male privilege" and reasserting their contempt for women. Only in the postmodern vision, however, does this hold water. I did not, as I explained here earlier, want Kavanaugh confirmed, either before or after the allegations. The Republicans wanted him confirmed for one reason: that he would hand down the kinds of opinions that they wanted handed down. (These do, to be sure, include overturning Roe v. Wade, but they include a lot more besides.) They think his legal opinions are more important than what he may have done when he was 17 or 18. The Republicans, unlike the Democrats (see Franken, Al), believe in strong party loyalty, which is one reason that they have achieved such dominance in our government at this time. Now it turns out that the whole controversy has energized Republican voters and, crucially, made it easier for Republicans to turn red state races into referendums on national issues instead of local ones. If they retain control of the Senate, which seems likely, Donald Trump may choose yet another Supreme Court justice.
To repeat: I have tried to describe the ideology of feminist activism accurately and to assess its effects. In our hyperpartisan climate, many people, I think, are lining up behind certain ideas without really understanding where they came from or what their implications are. I am asking readers to think about certain hard questions. In another, quieter time, I think that other answers will emerge.
Thursday, October 04, 2018
Generations of Trumps--and Americans
Six months into Donald Trump’s
presidency, in July 2017, Secretary of Defense James Mattis, we learn in Bob
Woodward’s book Fear, brought the
President and his senior advisers into a meeting at the Tank in the Pentagon to
discuss post-1945 American foreign policy.
“The great gift of the greatest generation to us,” Mattis said, “is the
rules-based, international democratic order,” which brought security,
stability, and prosperity. “This is what has kept the peace for 70 years,”
Secretary of State Rex Tillerson added.
Unimpressed, Donald Trump—who was himself 70 at that very moment—shook
his head. Later in the meeting he railed against ungrateful NATO allies,
threatened to pull US troops out of South Korea, and argued that international
trade merely took advantage of the United States. He left the meeting defiant.
This week, the New York Times published one
of the longest news-feature stories in history about the financial
relationship between Donald Trump and his father Fred, who was born in 1905 and
therefore qualifies as a member of the greatest generation himself. It turns out that Donald Trump has treated
his father’s financial and corporate legacy in the same way that he wants to
treat the diplomatic and economic legacy of his parents’ generation. Having taken advantage of it to become rich
himself, he repudiated its basic principles and created an organization based
on completely different values. In so
doing he has evidently destroyed the foundations of an extraordinarily
successful business, while insisting, all along, that he is one of the great
businessmen of all time. That,
essentially, is what he is now doing on the world stage: ripping up the
foundations of a stable order, risking disaster not simply for himself but for
the nation and the world, and claiming, all along, the status of a political
genius.
Whatever his own politics, Fred
Trump was a self-made man. He apparently
never attended college and started his construction business in New York in the
midst of the Depression at the age of 15.
When he was in his twenties he built houses and a supermarket. Then his career as a builder became
intertwined with major developments in American life. He built barracks and
apartments near shipyards on the East Coast during the Second World War, and
after it was over, he built more middle-class houses and apartments with
government help. Fred Trump—like George
Bailey in It’s a Wonderful Life—was
providing homes for his contemporaries and their growing families, and he was
well-rewarded for it. And like so many fathers of his generation, he
spoiled his own five children materially.
Thanks to him, the Times tells
us, his second son Donald—evidently his favorite—was a millionaire by the age
of 8. Two decades later, it turns out,
Fred’s wealth allowed Donald to launch his career, and for the rest of Fred’s
life, it allowed him to continue it, providing a safety net to bail the younger
Trump out when, as so often happened, one of his more speculative moves went
awry.
Comparing Donald’s real estate empire
to his father’s can easily make one think of the contrast between two very
popular television shows: All in the Family, which like so many
programs from the 1950s through the 1970s, focused on a lower middle-class
family, and Dallas, which titillated
the audience with a portrayal of profligate, super-rich Boomers in the
1980s. Donald Trump wasted no time on
housing for ordinary people. He took advantage
of the Reagan-era wealth explosion and a freer business environment to build
luxury apartments and hotels. Later,
instead of providing for the most fundamental needs of working Americans like
his father—the need for a house or an apartment—he tried to get richer by taking
advantage of their addiction to gambling—an addiction which he, in his own way,
seems to share. He eventually turned
himself, not his buildings, into the product that he was selling, enabling him
to move into television and then into politics.
And he managed to move his role within his family onto the national
stage. He appears to have been the son
who could get away with anything, confident that his father would bail him out
when necessary. In the same way he
survived repeated bankruptcies in the 1990s by convincing banks that they
needed his name to recoup more of their disastrous loans, and he now occupies
the White House thanks to a political following that will forgive him for
anything.
Sadly, the story of Fred Trump, his
son Donald, and the two very different Americas they represent reflects a much
broader contrast between the GI or Greatest generation on the one hand and the
Boom on the other. Boomers grew up in an
era of large families and expanding infrastructure, including schools and
universities, roads and bridges, and hospitals.
Their parents paid for all this with the help of high income tax rates
(and high estate taxes, which Fred Trump, the Times shows, managed to avoid paying for the benefit of his
children.) The stable economy of the
1950s and early 1960s reflected tough regulation of Wall Street as well. Today, after 25 years of Boomer rule, many
public school teachers do not make enough money to live on. University education
costs at least three times as much as it did in the 1960s, even allowing for
inflation, students have to mortgage their futures to pay for it, which Boomers
did not. Infrastructure is falling apart. Right wing Boomers unreservedly
praise free markets and the benefits they have reaped with them. Left wing Boomers seem to think that all is
well as long as women and minorities claim their fair share of elite positions
within our society. Neither are meeting
the needs of the mass of the American people.
In foreign policy, the last GI President, George H. W. Bush, left the
nation with unprecedented power and prestige, only to see his own son squander
it in an endless, useless crusade for democracy in the Middle East. Now President Trump is turning the US into a
rogue state whose closest allies are Saudi Arabia and Israel.
Rather than extend their parents’
and grandparents’ legacy, the Boom generation has largely squandered it to
enrich themselves. Eventually we may
find out that Donald Trump’s share of his father’s fortune is now gone. Meanwhile, Trump’s extraordinary presidency
reminds us, every day, of the collapse of our political life in the era of the
Boom generation.
Saturday, September 29, 2018
Judge Kavanaugh--A Different Perspective
I hadn't intended to blog about the Kavanaugh hearings, for various reasons, but an excellent story in this morning's New York Times fact-checking Kavanaugh's testimony convinced me to do so. I have never wanted Kavanaugh on the Supreme Court for the same reason that I didn't want Clarence Thomas there in 1991: that I knew I would not approve of the opinions he was going to hand down. I believed Anita Hill's story, but I have to admit, at the risk of offending some readers, that I never thought she accused him of anything all that serious, since he neither touched her nor tried to punish her for failing to respond to his advances. She accused him of being a jerk, which is not a crime, although I know that courts have now defined it as creating an unfriendly environment, which is actionable. On the court, Thomas has been even worse than I could imagine then. Perhaps I should explain further: I was brought up to take politics extremely seriously, and non-violent sexual misbehavior among politicians much less so. Today very few people take politics that seriously but many more, especially liberals, are obsessed with sexual misconduct. This leaves me a bit out of step but I can't help it.
Kavanaugh has obviously been accused of more serious offenses, although all of them happened a long time ago and will be difficult to confirm. Not for nothing did the sex crimes prosecutor that the Republicans hired to question her declare after the hearing that she would not have prosecuted Kavanaugh if the alleged offense had been brought to her. I have been fascinated with the details of the case because, while I am 18 years older than Kavanaugh, I grew up in exactly the same neighborhoods, spent summers in them when I was in high school and college, and recognize both the geography and the ambiance in question. I want to contribute one fact that many news outlets are confusing. While the drinking age in Maryland, where he lived, was 21 in 1983 (and in 1965), 18 year olds could buy and drink wine and beer right over the border in D.C., and we did, a lot. A junior in high school like Kavanaugh--who played two varsity sports--had plenty of older friends who would have been glad to buy for him. I don't think I drank as much beer as he seems to have, but I drank plenty, too.
The Times story, by the way, introduced me to my first real hero of this sad controversy, a Yale classmate of Kavanaugh's (and a Republican!) named Lynne Brookes, who said that the judge had "mischaracterized his drinking."
'He frequently drank to excess,”'she said. 'I know because I frequently drank to excess with him.'
"Like Judge Kavanaugh, Ms. Brookes, a Republican, was an athlete who went to a prestigious graduate school after Yale. She disputed the implication in his testimony that he could not have overindulged because he was too busy studying and competing in athletics. 'It is completely possible to do both,' she said."
The piece got me thinking because it shows very clearly how Kavanaugh gave misleading or pretty obviously incorrect explanations of many details that have emerged from his past, such as those in his yearbook entry. Several have a clear sexual connotation, which he denied. They reminded me of a few senior entries i“n the 1964 and 1965 yearbooks of my own prep school, Loomis, but ours were in essay form--written by classmates, not the subject himself--and any references to sexual conquests, of which there are not many, were much more discreet and never identified a woman by name. 18 years later, of course, a lot of barriers to sexual discussion had come down. If Kavanaugh had testified that the yearbook editors had written his entry based upon various legends, some true and some false, I would have believed him. Instead he said he wrote them but denied their obvious meanings.
That got me thinking about who Kavanaugh might actually be--not in the context of youthful sex and drinking, but as a lawyer, judge, and potential Supreme Court appointment. Here, it turns out, the comparison with Clarence Thomas is even more apt. Both represent a relatively new kind of potential Supreme Court Justice: the career apparatchik and ideologue. One could fairly say that the conservative Republican movement that has reshaped our political life and law over the last few decades created their career path, which really lacks any counterpart on the Democratic side.
Since Clarence Thomas came first, let's start with him. Born in extremely modest circumstances and raised by a single parent and grandparents, he made his way from South Carolina to a Catholic seminary in Missouri, and then to Holy Cross in Worcester, Massachusetts, where he graduated cum laude. He then attended Yale Law School where, he explains in his autobiography, he constantly faced doubts that he would have been admitted without affirmative action. But while at Yale he met the man who shaped his career, John Danforth, then the Missouri Attorney General. He was Danforth's assistant in Missouri from 1974 until 1976, when Danforth was elected to the Senate. After three years in private practice, working for the Monsanto Chemical Company, Thomas joined Danforth as a legislative assistant in 1979-81. By this time Thomas had become an ideological conservative, influenced by authors including Thomas Sowell and Ayn Rand. In 1981-82 he was an Assistant Secretary of Education and then, from 1982 to 1990, he was Chairman of the US Equal Opportunity Commission. Anita Hill worked for him there.
I did not remember that Thomas had replaced Robert Bork, of all people, on the District of Columbia Court of appeals in 1990, where President George H. W. Bush had placed him at the urging of Senator Danforth. Justice Thurgood Marshall, the first black member of the Supreme Court, stepped down in 1991, and Bush tapped Thomas, then 43, to replace him. I see no need to rehash what happened during his confirmation hearings.
On the court, Thomas has developed an increasingly conservative view of the Constitution which seeks to undo most of the increased role of the federal government in the economic and social life of the country as it evolved during the 20th century. He has argued that the the federal regulation of both industry and agriculture are unconstitutional. He was the first justice to favor throwing out the key section of the Voting Rights Act and lived to see a 5-4 majority come around to agreeing with him. He defended all the extreme anti-terror measures of the Bush Administration, has sided with the government against criminal defendants in many cases, and has opposed affirmative action in several contexts. He has argued that Roe v. Wade was wrongly decided and that the Constitution does not include a right to privacy and therefore does not protect gay rights.
Brett Kavanaugh and Clarence Thomas shared the Catholic religion as children, but that was about all. Kavanaugh was born in the D. C. area to a father who was a lawyer and corporate executive, and a mother who originally taught high school but went to law school and became a judge after her only child was born. He attended an elite prep school, as we all know, where he was evidently a very good student and a star athlete, and Yale College admitted him without any benefit of affirmative action. He graduated cum laude in history--which at Harvard would represent a good, but not outstanding academic performance--but was then admitted to Yale Law School, which was a very high bar to pass. He became a Notes Editor of the Yale Law Journal. I have not been able to discover anything about his parents' politics but he might easily have been one of millions of Gen Xers who were disgusted by Jimmy Carter (who became President when he was only eleven) and inspired by Ronald Reagan. In any case, at Yale Law School, he intersected with a powerful political-legal current.
At the conclusion of the dozen-year period between Thomas's entry into Yale Law School and Brett Kavanaugh's, in 1982, conservative Republicans founded the Federalist Society. The Yale Law patron of the Federalist Society, Prof. George L. Priest, got to know Kavanaugh, partly, it seems, o the basketball court. Graduating from Law School in 1990, Kavanaugh clerked for Judge Walter King Stapleton of the Court of Appeals for the Third Circuit. While Kavanaugh was working for him, Stapleton wrote a majority opinion in Planned Parenthood v. Casey that essentially eviscerated Roe v. Wade, but which was overturned by the Supreme Court thanks to Justice Sandra Day O'Connor. Prof. Priest then recommended Kavanaugh to another appeals court judge, Alex Kozinski. Kavanaugh then interviewed for a clerkship with Chief Justice Rehnquist, but failed to get the position--the first serious setback, it would appear, of his whole life.
In 1992, fatefully, Kavanaugh held a fellowship in the office of then-Solicitor General Ken Starr, and followed that up with a Supreme Court clerkship with Justice Anthony Kennedy, whom he now hopes to succeed. Leaving the clerkship in 1994, he went back to work for Starr, who was now the independent counsel investigating Whitewater, and, eventually, much else besides. While there, we now know, Kavanaugh--now in his late thirties--zealously pushed for the investigation of conspiracy theories about the death of Vincent Foster, to see if it had been murder rather than suicide. After the Lewinsky revelations he pushed for a most explicit and intrusive interrogation of President Clinton about the details of their relationship (which, I continue to believe, was of no business of anyone but the two consenting adults involved.) In 1997 he landed his first job in private practice--as a partner in the Washington firm of Kirkland and Ellis, which had been Ken Starr's firm. (All facts courtesy of Wikipedia.) He returned to Starr's office after only one year and helped prepare the Lewinsky report.
Kavanaugh returned to Kirkland & Ellis in 1999, and became, among other things, the counsel for relatives of Elian Gonzales who tried unsuccessfully to prevent him from returning to Cuba. In December 2000 he joined the legal team of George W. Bush to help stop the recount in Florida. Then he joined the White House Counsel's office under Alberto Gonzales, and from 2003-6 he held other positions in the Bush White House. Bush originally appointed him to the D.C. Court of Appeals in 2003, but the Democrats blocked him for three years, citing excessive partisanship--a judgment in which I must concur. A Republican Senate confirmed him in 2006. He immediately became controversial. He has served there until now.
To summarize: Clarence Thomas took 17 years from his graduation from Yale Law School to ascend to the Supreme Court. He spent 3 of those years in private practice, 11 years working in Republican state and federal administrations, and one year as an appeals court judge. If Kavanaugh is confirmed 28 years after his graduation, he will have spent 4 years in clerkships and fellowships, about 2 years in private practice, about 4 years working for Ken Starr, and 12 years as an appellate judge. Before becoming a judge he participated zealously in several of the most partisan and sensationalist Republican offensives of our era: the Starr investigation, the Elian Gonzales case, the 2000 Florida recount controversy, and, in the Bush White House, the design of detention and interrogation policies after 9/11.
This post is moving further afield than I anticipated but it behooves me to compare these career paths to those of other incumbent appointments. Let us begin with the Republicans. John Roberts, who was a very brilliant history student at Harvard as an undergrad (he graduated in 1976, the year I became a full-time faculty member), had a career similar to these two but at a more distinguished level. He went from Harvard Law (1979) to two clerkships for an appeals court judge and for Chief Justice Rehnquist, and then to six years' worth of positions in the Reagan Administration in the Justice Department and the White House. After just 3 years of private practice he became deputy Solicitor General under George H. W. Bush. Ironically, although Bush put him on the D. C. Court of Appeals in 1992, the Senate did not confirm him and the appointment lapsed. He therefore spent the Clinton Administration in 8 more years of private practice, where he remained until 2003, when George W. Bush finally managed to get him onto that same court, after the Senate, then Democratic-controlled, had failed to confirm him in 2001-2. In 2005, he became Chief Justice of the Supreme Court. Samuel Alito graduated from Yale Law School in 1975, he held a circuit court clerkship for a year. Then he spent 4 years as an assistant U.S. attorney in New Jersey (1977-81), 7 years in the Reagan Justice Department, and3 years as U.S. Attorney for New Jersey (1987-90). George H. W. Bush then appointed him to the U.S. Court of Appeals for the Third Circuit and he sat there until 2005 when Bush's son appointed him to the Supreme Court. He alone appears to have no experience in private practice at all among today's justices. (None of them, I believe, has ever run for any office of any kind, which is a much more serious gap in my opinion.) Neil Gorsuch was a classmate of Barack Obama's at Harvard Law, graduating in 1991. He held 3 years' worth of clerkships, two on the Supreme Court, and then spent 8 years in private practice. In 2005 he joined the George W. Bush Department with responsibility for all cases having to do with the war on terror. Then he was appointed to the Appellate Court for the 10th Circuit where he served until last year when President Trump nominated him to the Supreme Court. Roberts, Alito and Gorsuch have all been members of the Federalist Society.
Stephen Breyer seems to have graduated from Harvard Law in 1964, and he clerked for Justice Goldberg and held positions in the Justice Department from 1965 through 1967. He then appears to have joined the Harvard Law School faculty although he returned to Washington in 1973, working for the Watergate Special Prosecutor, and became chief counsel for the Senate Judiciary Committee in 1979-80. Then he returned to Harvard for the next 14 years. He was primarily a legal academic. Ruth Bader Ginsburg did a two-year clerkship after law school (1959-61) and then held positions in law schools, chiefly as a professor, from 1961 until 1980, while simultaneously doing a great deal of litigation on behalf of women's rights. President Carter appointed her to the D. C. Court of Appeals in 1980 and she remained there until 1993 when President Clinton put her on the Supreme Court. She was a legal academic with no previous Washington experience.
Elena Kagan, who appears to have had one of the more brilliant college careers of those under discussion, graduated from Harvard Law in 1986 and clerked on the D. C. Appeals Court and the Supreme Court for two years. She then was in private practice for five years, but left to serve on the University of Chicago law faculty from 1991 to 1995. Her former boss, Judge Abner Mikva, brought her into the White House Counsel's office in `1995 and she worked in the Clinton White House until 1999. President Clinton tried to put her on the Court of Appeals for the District of Columbia then, but Republicans blocked her confirmation. The University of Chicago declined to rehire her but Harvard Law took her on and she served as a professor and Dean from 1999 (I believe) through 2009. President Obama appointed her Solicitor General in that year, and appointed her to the Supreme Court in 2010. Like Breyer, she had spent most of her working life as an academic, interspersed with stints in Washington, before reaching the Supreme Court at age 49.
Sonia Sotomayor, who joined the court a little earlier than Kagan, also had a brilliant career as an undergraduate at Princeton and graduated from Yale Law in 1979. She did not secure a clerkship but worked in the district attorney's office in New York for four years, and in private practice for three more. She appears to be the only Justice who was appointed to the bench by a President from the opposite political party, George H. W. Bush, who choice her for a district court position in 1991 (she was confirmed the next year at the age of 38.) After 17 years on that court she was appointed by President Obama to the Supreme Court in 2009.
Clerkships and service in the executive branch have been the mains paths to the federal judiciary among these judges. If Kavanaugh is confirmed he will be the 7th of 9 sitting justices who came from other positions on the federal bench. He would also, it seems very fair to me to say, have taken the most partisan path to the bench and to the Supreme Court of any of them and he will have had the least real-world experience of any kind before becoming a judge. He was a zealous Republican apparatchik--as was Thomas. None of the Democrats on the court have had careers that were really similar to either of theirs. And that remains, for me, the biggest reason why neither of them should ever have been chosen for the Supreme Court.
Kavanaugh has obviously been accused of more serious offenses, although all of them happened a long time ago and will be difficult to confirm. Not for nothing did the sex crimes prosecutor that the Republicans hired to question her declare after the hearing that she would not have prosecuted Kavanaugh if the alleged offense had been brought to her. I have been fascinated with the details of the case because, while I am 18 years older than Kavanaugh, I grew up in exactly the same neighborhoods, spent summers in them when I was in high school and college, and recognize both the geography and the ambiance in question. I want to contribute one fact that many news outlets are confusing. While the drinking age in Maryland, where he lived, was 21 in 1983 (and in 1965), 18 year olds could buy and drink wine and beer right over the border in D.C., and we did, a lot. A junior in high school like Kavanaugh--who played two varsity sports--had plenty of older friends who would have been glad to buy for him. I don't think I drank as much beer as he seems to have, but I drank plenty, too.
The Times story, by the way, introduced me to my first real hero of this sad controversy, a Yale classmate of Kavanaugh's (and a Republican!) named Lynne Brookes, who said that the judge had "mischaracterized his drinking."
'He frequently drank to excess,”'she said. 'I know because I frequently drank to excess with him.'
"Like Judge Kavanaugh, Ms. Brookes, a Republican, was an athlete who went to a prestigious graduate school after Yale. She disputed the implication in his testimony that he could not have overindulged because he was too busy studying and competing in athletics. 'It is completely possible to do both,' she said."
The piece got me thinking because it shows very clearly how Kavanaugh gave misleading or pretty obviously incorrect explanations of many details that have emerged from his past, such as those in his yearbook entry. Several have a clear sexual connotation, which he denied. They reminded me of a few senior entries i“n the 1964 and 1965 yearbooks of my own prep school, Loomis, but ours were in essay form--written by classmates, not the subject himself--and any references to sexual conquests, of which there are not many, were much more discreet and never identified a woman by name. 18 years later, of course, a lot of barriers to sexual discussion had come down. If Kavanaugh had testified that the yearbook editors had written his entry based upon various legends, some true and some false, I would have believed him. Instead he said he wrote them but denied their obvious meanings.
That got me thinking about who Kavanaugh might actually be--not in the context of youthful sex and drinking, but as a lawyer, judge, and potential Supreme Court appointment. Here, it turns out, the comparison with Clarence Thomas is even more apt. Both represent a relatively new kind of potential Supreme Court Justice: the career apparatchik and ideologue. One could fairly say that the conservative Republican movement that has reshaped our political life and law over the last few decades created their career path, which really lacks any counterpart on the Democratic side.
Since Clarence Thomas came first, let's start with him. Born in extremely modest circumstances and raised by a single parent and grandparents, he made his way from South Carolina to a Catholic seminary in Missouri, and then to Holy Cross in Worcester, Massachusetts, where he graduated cum laude. He then attended Yale Law School where, he explains in his autobiography, he constantly faced doubts that he would have been admitted without affirmative action. But while at Yale he met the man who shaped his career, John Danforth, then the Missouri Attorney General. He was Danforth's assistant in Missouri from 1974 until 1976, when Danforth was elected to the Senate. After three years in private practice, working for the Monsanto Chemical Company, Thomas joined Danforth as a legislative assistant in 1979-81. By this time Thomas had become an ideological conservative, influenced by authors including Thomas Sowell and Ayn Rand. In 1981-82 he was an Assistant Secretary of Education and then, from 1982 to 1990, he was Chairman of the US Equal Opportunity Commission. Anita Hill worked for him there.
I did not remember that Thomas had replaced Robert Bork, of all people, on the District of Columbia Court of appeals in 1990, where President George H. W. Bush had placed him at the urging of Senator Danforth. Justice Thurgood Marshall, the first black member of the Supreme Court, stepped down in 1991, and Bush tapped Thomas, then 43, to replace him. I see no need to rehash what happened during his confirmation hearings.
On the court, Thomas has developed an increasingly conservative view of the Constitution which seeks to undo most of the increased role of the federal government in the economic and social life of the country as it evolved during the 20th century. He has argued that the the federal regulation of both industry and agriculture are unconstitutional. He was the first justice to favor throwing out the key section of the Voting Rights Act and lived to see a 5-4 majority come around to agreeing with him. He defended all the extreme anti-terror measures of the Bush Administration, has sided with the government against criminal defendants in many cases, and has opposed affirmative action in several contexts. He has argued that Roe v. Wade was wrongly decided and that the Constitution does not include a right to privacy and therefore does not protect gay rights.
Brett Kavanaugh and Clarence Thomas shared the Catholic religion as children, but that was about all. Kavanaugh was born in the D. C. area to a father who was a lawyer and corporate executive, and a mother who originally taught high school but went to law school and became a judge after her only child was born. He attended an elite prep school, as we all know, where he was evidently a very good student and a star athlete, and Yale College admitted him without any benefit of affirmative action. He graduated cum laude in history--which at Harvard would represent a good, but not outstanding academic performance--but was then admitted to Yale Law School, which was a very high bar to pass. He became a Notes Editor of the Yale Law Journal. I have not been able to discover anything about his parents' politics but he might easily have been one of millions of Gen Xers who were disgusted by Jimmy Carter (who became President when he was only eleven) and inspired by Ronald Reagan. In any case, at Yale Law School, he intersected with a powerful political-legal current.
At the conclusion of the dozen-year period between Thomas's entry into Yale Law School and Brett Kavanaugh's, in 1982, conservative Republicans founded the Federalist Society. The Yale Law patron of the Federalist Society, Prof. George L. Priest, got to know Kavanaugh, partly, it seems, o the basketball court. Graduating from Law School in 1990, Kavanaugh clerked for Judge Walter King Stapleton of the Court of Appeals for the Third Circuit. While Kavanaugh was working for him, Stapleton wrote a majority opinion in Planned Parenthood v. Casey that essentially eviscerated Roe v. Wade, but which was overturned by the Supreme Court thanks to Justice Sandra Day O'Connor. Prof. Priest then recommended Kavanaugh to another appeals court judge, Alex Kozinski. Kavanaugh then interviewed for a clerkship with Chief Justice Rehnquist, but failed to get the position--the first serious setback, it would appear, of his whole life.
In 1992, fatefully, Kavanaugh held a fellowship in the office of then-Solicitor General Ken Starr, and followed that up with a Supreme Court clerkship with Justice Anthony Kennedy, whom he now hopes to succeed. Leaving the clerkship in 1994, he went back to work for Starr, who was now the independent counsel investigating Whitewater, and, eventually, much else besides. While there, we now know, Kavanaugh--now in his late thirties--zealously pushed for the investigation of conspiracy theories about the death of Vincent Foster, to see if it had been murder rather than suicide. After the Lewinsky revelations he pushed for a most explicit and intrusive interrogation of President Clinton about the details of their relationship (which, I continue to believe, was of no business of anyone but the two consenting adults involved.) In 1997 he landed his first job in private practice--as a partner in the Washington firm of Kirkland and Ellis, which had been Ken Starr's firm. (All facts courtesy of Wikipedia.) He returned to Starr's office after only one year and helped prepare the Lewinsky report.
Kavanaugh returned to Kirkland & Ellis in 1999, and became, among other things, the counsel for relatives of Elian Gonzales who tried unsuccessfully to prevent him from returning to Cuba. In December 2000 he joined the legal team of George W. Bush to help stop the recount in Florida. Then he joined the White House Counsel's office under Alberto Gonzales, and from 2003-6 he held other positions in the Bush White House. Bush originally appointed him to the D.C. Court of Appeals in 2003, but the Democrats blocked him for three years, citing excessive partisanship--a judgment in which I must concur. A Republican Senate confirmed him in 2006. He immediately became controversial. He has served there until now.
To summarize: Clarence Thomas took 17 years from his graduation from Yale Law School to ascend to the Supreme Court. He spent 3 of those years in private practice, 11 years working in Republican state and federal administrations, and one year as an appeals court judge. If Kavanaugh is confirmed 28 years after his graduation, he will have spent 4 years in clerkships and fellowships, about 2 years in private practice, about 4 years working for Ken Starr, and 12 years as an appellate judge. Before becoming a judge he participated zealously in several of the most partisan and sensationalist Republican offensives of our era: the Starr investigation, the Elian Gonzales case, the 2000 Florida recount controversy, and, in the Bush White House, the design of detention and interrogation policies after 9/11.
This post is moving further afield than I anticipated but it behooves me to compare these career paths to those of other incumbent appointments. Let us begin with the Republicans. John Roberts, who was a very brilliant history student at Harvard as an undergrad (he graduated in 1976, the year I became a full-time faculty member), had a career similar to these two but at a more distinguished level. He went from Harvard Law (1979) to two clerkships for an appeals court judge and for Chief Justice Rehnquist, and then to six years' worth of positions in the Reagan Administration in the Justice Department and the White House. After just 3 years of private practice he became deputy Solicitor General under George H. W. Bush. Ironically, although Bush put him on the D. C. Court of Appeals in 1992, the Senate did not confirm him and the appointment lapsed. He therefore spent the Clinton Administration in 8 more years of private practice, where he remained until 2003, when George W. Bush finally managed to get him onto that same court, after the Senate, then Democratic-controlled, had failed to confirm him in 2001-2. In 2005, he became Chief Justice of the Supreme Court. Samuel Alito graduated from Yale Law School in 1975, he held a circuit court clerkship for a year. Then he spent 4 years as an assistant U.S. attorney in New Jersey (1977-81), 7 years in the Reagan Justice Department, and3 years as U.S. Attorney for New Jersey (1987-90). George H. W. Bush then appointed him to the U.S. Court of Appeals for the Third Circuit and he sat there until 2005 when Bush's son appointed him to the Supreme Court. He alone appears to have no experience in private practice at all among today's justices. (None of them, I believe, has ever run for any office of any kind, which is a much more serious gap in my opinion.) Neil Gorsuch was a classmate of Barack Obama's at Harvard Law, graduating in 1991. He held 3 years' worth of clerkships, two on the Supreme Court, and then spent 8 years in private practice. In 2005 he joined the George W. Bush Department with responsibility for all cases having to do with the war on terror. Then he was appointed to the Appellate Court for the 10th Circuit where he served until last year when President Trump nominated him to the Supreme Court. Roberts, Alito and Gorsuch have all been members of the Federalist Society.
Stephen Breyer seems to have graduated from Harvard Law in 1964, and he clerked for Justice Goldberg and held positions in the Justice Department from 1965 through 1967. He then appears to have joined the Harvard Law School faculty although he returned to Washington in 1973, working for the Watergate Special Prosecutor, and became chief counsel for the Senate Judiciary Committee in 1979-80. Then he returned to Harvard for the next 14 years. He was primarily a legal academic. Ruth Bader Ginsburg did a two-year clerkship after law school (1959-61) and then held positions in law schools, chiefly as a professor, from 1961 until 1980, while simultaneously doing a great deal of litigation on behalf of women's rights. President Carter appointed her to the D. C. Court of Appeals in 1980 and she remained there until 1993 when President Clinton put her on the Supreme Court. She was a legal academic with no previous Washington experience.
Elena Kagan, who appears to have had one of the more brilliant college careers of those under discussion, graduated from Harvard Law in 1986 and clerked on the D. C. Appeals Court and the Supreme Court for two years. She then was in private practice for five years, but left to serve on the University of Chicago law faculty from 1991 to 1995. Her former boss, Judge Abner Mikva, brought her into the White House Counsel's office in `1995 and she worked in the Clinton White House until 1999. President Clinton tried to put her on the Court of Appeals for the District of Columbia then, but Republicans blocked her confirmation. The University of Chicago declined to rehire her but Harvard Law took her on and she served as a professor and Dean from 1999 (I believe) through 2009. President Obama appointed her Solicitor General in that year, and appointed her to the Supreme Court in 2010. Like Breyer, she had spent most of her working life as an academic, interspersed with stints in Washington, before reaching the Supreme Court at age 49.
Sonia Sotomayor, who joined the court a little earlier than Kagan, also had a brilliant career as an undergraduate at Princeton and graduated from Yale Law in 1979. She did not secure a clerkship but worked in the district attorney's office in New York for four years, and in private practice for three more. She appears to be the only Justice who was appointed to the bench by a President from the opposite political party, George H. W. Bush, who choice her for a district court position in 1991 (she was confirmed the next year at the age of 38.) After 17 years on that court she was appointed by President Obama to the Supreme Court in 2009.
Clerkships and service in the executive branch have been the mains paths to the federal judiciary among these judges. If Kavanaugh is confirmed he will be the 7th of 9 sitting justices who came from other positions on the federal bench. He would also, it seems very fair to me to say, have taken the most partisan path to the bench and to the Supreme Court of any of them and he will have had the least real-world experience of any kind before becoming a judge. He was a zealous Republican apparatchik--as was Thomas. None of the Democrats on the court have had careers that were really similar to either of theirs. And that remains, for me, the biggest reason why neither of them should ever have been chosen for the Supreme Court.
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