Freedom at Play

Brett Kavanaugh couldn’t stay for dessert. 

This week’s political tempest in a teapot concerns Kavanaugh’s hasty backdoor departure from a Washington, D.C. Morton’s steakhouse after protestors had gathered out front.  (Some accounts claim he was unaware of the demo, but the decision to leave through the back tends to refute this.)  Morton’s management took to Twitter, asserting that their high-profile guest’s right to dine in public had been violated. 

Yes.  And no.  Certain activities noted of late, such as protesting outside officials’ private homes, make me uneasy.  Similarly, I ask myself whether we should condone interfering with their non-official activities (as in the case a few years ago when Sarah Huckabee Sanders was asked to leave a Northern Virginia restaurant after its employees objected to her patronage).  However, in the case of sitting U.S. Supreme Court justices, who can serve for life should they choose, there is precious little recourse to publicly register pushback against decisions which adversely affect the liberties and rights of vast numbers of citizens.  

The galling arrogance of the new SCOTUS supermajority, and that of Justices Alito and Thomas particularly, is horrifying when we take into account that its holdings will reverberate in people’s lives for generations. The power of these unelected officials, half of whom were nominated by a president who received a minority of the popular vote and confirmed by a Senate with a majority representing less than half the country’s population, is largely unchecked.  They are well aware of their freedom from accountability, hence their newfound disregard for precedent and stare decisis.  They are fast paving the way to a Christofascist future in which the majority of Americans do not want to live. 

So, misgivings aside I don’t have a lot of sympathy for Kavanaugh’s spoiled evening.  He chose to become a public figure with considerable authority and thus has a lessened expectation of being shielded from public scrutiny.  Yesterday’s near-confrontation sent a message that thousands of unread critical letters, emails, and online posts cannot.  I doubt neither he nor his colleagues care about public sentiment either way, but at least a public protest is visible.  As long as no one is harmed and no property is damaged, citizens should be permitted to gather for political expression.  

Perhaps Mr. Kavanaugh will spend his future evenings quietly at home.  And perhaps Morton’s will court a more respectable clientele.

 

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