Supreme Court Justice Neil Gorsuch’s doctoral study on a conservative philosophy called natural law is a prime reason right-leaning legal thinkers recommended him to President Trump. But the public won’t have a chance to learn the jurist’s latest thoughts on the theory when he speaks Friday at a conference of Catholic legal scholars seeking to expand Christian influence on public policy.
The sponsor, the Thomistic Institute, is barring journalists from covering the conference, titled “Christianity and the Common Good,” being held Friday and Saturday at Harvard Law School.In an email, the Thomistic Institute’s director, the Rev. Dominic Legge, said coverage of Justice Gorsuch’s remarks would interfere with the event’s educational value.
“The focus of this event is on the students having a fruitful encounter and exchange with the justice on an academic theme,” Father Legge said by email. “The decision that the event would be closed was mine, not the justice’s, and it was made in accord with our normal policy for such events.”
Neither Justice Gorsuch nor Father Legge responded to requests for a transcript or audio of the justice’s remarks that would not identify students... Founded in 2009, the institute is devoted to the teachings of St. Thomas Aquinas
While it has different strands, in general natural law posits that certain values or rules are permanent, universal and intrinsically knowable to all people regardless of their culture or beliefs. Many natural-law adherents believe that this higher law originates from God rather than humanistic values, although not all versions of the philosophy are explicitly religious.
.. As a Marshall Scholar at Oxford University, he studied under John Finnis, a legal philosopher who in recent decades revived academic interest in natural law.
Mr. Finnis has argued that natural-law principles can justify state action to promote moral virtue, which he suggests may be furthered by restricting contraception or prohibiting same-sex marriage. .
.. While some justices have attempted to avoid activities that could suggest a continuing role in politics, Justice Gorsuch hasn’t drawn a bright line.
The Trump appointee last year addressed a group at the Trump International Hotel and accompanied his Senate patron, Majority Leader Mitch McConnell (R., Ky.), on visits to Kentucky universities. Those events largely were open to press coverage, although a January dinner he had at the home of Sen. John Cornyn (R., Texas) with several Republican senators and a Trump cabinet secretary wasn’t.
The implication was that the court of public opinion is trying not Brett Kavanaugh but the very idea of the All-American boy—good-natured, mischievous, but harmless. That Brett Kavanaugh was a decent kid who may have erred here and there but only did so in good fun, and that investigating the allegations levelled by Ford, Deborah Ramirez, and Julie Swetnick in earnest would amount to marching Tom Sawyer, Opie Taylor, and the Beaver single-file to the guillotine.
.. This was what moved Senators John Cornyn and Ben Sasse to seemingly genuine tears during Kavanaugh’s testimony. But it was Lindsey Graham who went apoplectic. “What you want to do is destroy this guy’s life, hold this seat open, and hope you win in 2020,” he shouted at Democrats during his turn for questions. “This is the most unethical sham since I’ve been in politics.”
“Boy, y’all want power,” he continued. “God, I hope you never get it.”
.. The Kavanaugh nomination is now, in part, a referendum on the #MeToomovement—on whether the goodness of successful men, with families and the respect of their peers, should be taken for granted, and whether the women who have suffered abuse, but who don’t possess the kind of evidence a prosecutor might find satisfying, should remain silent and invisible lest they sully sterling reputations.
.. Kavanaugh—by appearing in a prime-time TV interview, and in casting the accusations, incredibly, as a conspiracy against him orchestrated by allies of the Clintons—has shown himself to be exactly the political operative he was when he was working under Ken Starr and as a hired gun for the Bush Administration.
.. He is, backed into a corner and stripped of his robes, the quintessential Fox News man—both gladiator and perpetual victim, another “white male,” as Graham called himself on Friday, told to shut up and go away by feminists and a vindictive left.
.. Belligerent, wounded, proud, timorous, and entitled—a man given to gaslighting and dissembling under pressure.
.. Should he be confirmed, he will have the power to color rulings from the highest court in the land with the biases and emotionality he has revealed this past week until, if he so chooses, he drops dead.
.. Conspiracy theories about Kavanaugh’s accusers—that Ramirez was an agent of George Soros, for instance, or that Kavanaugh’s mother, a district-court judge, had ruled against Ford’s parents in a foreclosure case—were offered not only by the likes of the Daily Caller and Trumpists at the site Big League Politics this week but also by the NeverTrumper Erick Erickson, who has called Ford a “partisan hack,” and a reporter for National Review.
.. It was Ed Whelan—who heads something called the Ethics and Public Policy Center and is a man Washington conservatives consider “a sober-minded straight shooter,” according to Politico—who potentially defamed a Georgetown Prep alumnus with unfounded speculation about a Kavanaugh “doppelgänger,” a theory that could have originated on the right-wing message boards that birthed Pizzagate and are now fuelling QAnon.
.. The kind of discrediting rhetoric that was deployed by supporters of Trump and Roy Moore in the wake of allegations against them—that the charges had come after too many years, that the women bear blame or should be regarded skeptically for being in situations in which abuse might take place—was let loose by respected figures like the National Review editor, Rich Lowry. “Why,” he asked, of Swetnick, on Wednesday, “would she constantly attend parties where she believed girls were being gang-raped?”
.. And the Times’Bari Weiss and the former Bush Administration press secretary Ari Fleischer, both on the center-right, were among those who suggested that Kavanaugh should be advanced even if the allegations levelled by Ford are true.
.. It is often argued by this crowd that broad criticisms of the right risk pushing sensible conservatives toward Trumpism. But the events of the past two weeks have made plain just how illusory and superficial the differences between the respectable establishment and the Trumpists really are.
.. it cannot be said now, as it was in November, 2016, that the man in question is the best or only option for those committed to conservative policy objectives. Backing Brett Kavanaugh is a choice conservatives have made over viable alternatives—qualified conservative candidates who could be spirited through the nomination process before November’s elections or in the lame-duck session by a Republican Senate that has already proved itself capable of sidestepping the required procedural hurdles.
They have chosen this course because the Kavanaugh nomination has presented the movement with a golden opportunity to accomplish two things more valuable, evidently, than merely placing another conservative on the court: standing against the new culture of accountability for sexual abuse and, at least as important, thumbing their noses at an angry and despairing Democratic Party.
And finally there was Sen. John Cornyn (R-Tex.), who told reporters Thursday afternoon, “I found no reason to find [Ford] not credible.”
.. As the strength of the year-old Me Too movement is put to its most public and crucial test yet, Republicans have the political savvy to recognize that they must pay lip service to it, even as they actively campaign against its aims. You could view these concessions as politically motivated to the point of being meaningless. But according to social science research into the complex interaction between social behaviors and privately held views, even self-interested nods at #MeToo may indicate some progress for the movement.
Recent, highly publicized cases of sexual harassment and assault have rapidly created a new norm in which it’s toxic to dismiss alleged survivors. Kavanaugh’s allies are responding to that norm, even if they don’t fully agree with its principles. Over time — and with some serious caveats — norms can influence private views, suggesting that even conservative beliefs on sexual harassment are likely to be shaped at least in the long term by #MeToo.
.. There are many, many examples of norms shifting, sometimes quite abruptly, as institutions tip in one direction or social movements come to fruition: same-sex marriage becoming broadly acceptable after the 2015 Supreme Court decision
.. people are more likely to recycle after they learn — through an article or in conversation — that many of their peers are recyclers... There are plenty of signs that conservative beliefs on sexual abuse have barely shifted since the Clarence Thomas hearings of 1991, such as the apparent assumption among Republicans that Ford’s story would be just a “hiccup” that they could “plow right through... Indeed, it may be like similar “evolutions” on racism, which find people eschewing the n-word in public while remaining as virulent as ever in private... studied how people learn prejudices based on what’s socially acceptable within a certain group — and how they change their views once the group changes... Crandall and his colleagues showed how white college freshmen, entering a new setting in which prejudice against black people was less socially acceptable than in their home towns, learned over the following year to question racist thoughts. “When norms change, or when people join groups that have different norms, there is conflict — with the outside world at first, and then a more internal struggle to fit in better,”.. The often-jarring conflicts we’re seeing between the public behavior and apparent private beliefs of those who support Kavanaugh may represent this initial, college-freshman stage of adapting to a society with changed norms on sexual assault. As #MeToo continues to shape norms around believing survivors, more conservatives could come around as well — not merely when it comes to action but also in their attitudes.
.. Unfortunately, prejudices about gender appear to be especially intractable
.. In cross-cultural work examining prejudice, she has found less sexism in more-developed countries, suggesting that sexism diminishes along with development.
.. “People have women in their families, so changing stereotypic gender roles is more disruptive than for other biases,”
Mr. Sessions isn’t currently planning to leave, but privately has said that he anticipates he may be asked to resign, according to people familiar with the matter. The attorney general, who was the first senator to endorse Mr. Trump during the presidential campaign, has told people the request may come on the president’s Twitter feed.
“This is actually the dumbest thing I’ve been asked to comment on in a while,” said Justice Department spokeswoman Sarah Flores.
..Replacing Mr. Sessions would present legal and political quandaries for the president.
.. Mr. Trump must find a successor who could win Senate confirmation, a job that senators say is harder given the president’s public suggestions that he wants a political ally as attorney general.
.. Many GOP senators are advocating for Sen. Lindsey Graham (R., S.C.) to succeed Mr. Sessions, especially after Mr. Graham’s vocal defense last week of now Supreme Court Justice Brett Kavanaugh.
.. “As I think about people who could be confirmed to that position in the Senate, Lindsey Graham is at the top of my list,” said John Cornyn of Texas, the Senate’s second-ranking Republican. “In fact, I can’t think of anybody else right now who could get confirmed.”.. Mr. Graham called Mr. Trump a “race-baiting, xenophobic religious bigot.” Mr. Trump said Mr. Graham was a “lightweight” and an “idiot,” and gave out Mr. Graham’s mobile number during a campaign rally... Another purported candidate, Sessions chief of staff Matthew Whitaker, has allies in the White House but also detractors, according to people familiar with the matter. As a commentator on CNN, Mr. Whitaker expressed skepticism about the special counsel probe and urged limits on its scope, a position likely to raise objections from Democrats and some Republicans... That leaves, for now at least, the five individuals currently under discussion at the White House. Three of them—Messrs. Azar, Bradbury and Sullivan—are serving in Senate-confirmed positions. They would have to be reconfirmed to serve as attorney general, but may have an advantage from having already won Senate approval.