It's time for another book from the Long Reading
List.
Strange Justice: The Selling of Clarence
Thomas by Jane Mayer and Jill Abramson.
Putting this on the list seemed reasonable because I
was trying to be ready to help young girls, and sexual harassment could be an
issue. As it was, workplace harassment among adults felt different enough that
it didn't really resonate in that way, though it was still a very interesting
book. It filled in some details that I had not known about something that
nonetheless made a strong impression on me.
These hearings are where I picked up my contempt for
Orrin Hatch. I did not really remember Joe Biden's involvement, though he
played a big part. Since I read the book a movie came out - Confirmation
- with Biden portrayed by Greg Kinnear, so I think everyone should be caught up
on that now.
I like Joe Biden. I smile when I see him. I know the
memes about him are not real, but I think they capture something. I don't crush
on him like Leslie Knope does, but if I lived near him I might purposely leave
quarters around to see him pick them up. I believe he is a good man.
I also believe he handled the hearings wrong. He
should have called the other three witnesses. He should have called experts on
sexual harassment. He should have been more protective of Anita Hill, which
would not have been a matter of preferential treatment or coddling, but simply
a matter of recognizing how she was being treated and demanding respect for
her. She was not on trial, but that's how senators treated her.
I imagine it was very similar to how many rape
victims were treated by defense attorneys (and maybe even prosecutors) at their
rapists' trials. I believe we have made progress, but a lot of the vestiges are
still remaining. Look at the judge's deference to Brock Peters. Looks at the
rape kits that have remained untested not because of budget constraints but
because the police did not think the victim was credible.
That looks like a tendency to assign the blame to
the wrong person, but I think it's more that it reflects a discomfort with the
crime. Stronger people should be allowed to victimize weaker people, men should
be allowed to pursue gratification, and you are making us all uncomfortable by
reminding us that the law disagrees and that there are valid reasons for the
disagreement.
My strongest impression from the confirmation
hearings was not that they didn't believe her, but they resented having to deal
with it. A president had chosen someone, and now if they didn't confirm him it
would look racist. Of course, give it a few years and racist members of
Congress would feel completely comfortable not even scheduling hearings for a
presidential appointment, but that was more the other side, wasn't it?
This leads us to one major problem: Democrats have
been too accommodating for a while. They want to get along and compromise and
not rock the boat. That makes sense when you are dealing with reasonable people
with honorable intentions, but that ship has sailed. That ship has sunk.
There are going to be no brownie points for voting
"yes" on the least egregious appointments and saving your fight for
the worst ones. Yes, they will be appointed anyway, and it sucks, but you do
not join them just because you can't beat them. Beating them will come in the
long haul by throwing off every policy where you decide that the people they
hate most are expendable so you can throw a sop to the less vulnerable.
Because really, Thomas was a horrible candidate. The
harassment showed a poor moral character, but he was not a great legal mind
either. He was chosen as a token Black man who would reliably toe the party
line - it looks like a nod to Thurgood Marshall but it was really an insult to
his legacy. Congress should have required the president to do better.
None of this means that we need to hate Biden now,
but that he could go along with the easy way is exactly why we need to be
better. What society will tolerate allows "good" people to do
horrible things. Fine church-going people participate in lynchings, and people
keep practicing slavery by another name after the Emancipation Proclamation and
they lie and murder to cover it up.
People police train stations and rip up the tickets
of Black families who try to leave the South, or prevent boats from landing when
there are Black passengers waiting. Police say they shot because they feared
for their lives, even when it was shooting into the backs of unarmed people.
People justify sexual harassment because of a
blouse, or a hemline, or "Boys will be boys", or suggest that the
harassed person should teach kindergarten. And the blouse and hemline or
thinking that you could have dinner together without owing him anything is also
justification for rape.
The better people don't do the worse of it, but
because they go along with the others, believing them to be reasonable people,
the system is perpetuated. We do not have to tolerate that.
Any good that we can salvage is going to come from
listening to the most marginalized and protecting them. We don't have to cast
off anyone to do that, but if they try to go alone with the worst, if they try
and say to focus on the "working class" now and the rest will come
later, the answer is "no". It has to be.
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