Encyclopedia of Opinion
Question
What are the responses to the allegations against Brett Kavanaugh?
Position2 of 5
Even if Brett Kavanaugh did assault Dr. Blasey Ford, it’s not a big deal
Argument2 of 2

Brett Kavanaugh’s character can't be judged on the past

We shouldn't let the way he was at 17 reflect on his character now.

The argument

Teenagers are hormonal, impulsive, and irrational. Their brains are still not yet fully developed. They make decisions that they would not necessarily make as adults. Therefore, how can we hold a 53-year-old culpable for a choice he made as a teenager? It does not mean he would be a bad Supreme Court judge now. Nor does it disqualify him for the job.

Context

“I do not understand why the loutish, drunken behaviour of a 17-year-old high school boy has anything to tell us about the character of a 53-year-old judge”, wrote Rod Dreher in The American Conservative.

Premises

[P1]Teenagers are hormonal, impulsive, and have underdeveloped brains, leading them to make decisions they would not make as adults. [P2] A person should not be held fully culpable as an adult for choices made during adolescence. [P3] Conduct from decades ago does not reliably predict a person's current fitness for a role like Supreme Court Justice. [C] Therefore, even if Kavanaugh assaulted Dr. Blasey Ford as a teenager, it should not disqualify him today.

Counter-arguments

Sexual assault falls outside the boundaries of normal youthful behaviour. Ford’s allegations assert that he deliberately pinned her to the bed and covered her mouth to prevent her screaming while he attempted to remove her clothes. This is not normal teenage behaviour. It shows that he knew he did not have consent. Her attempts to scream showed that she was in an extremely uncomfortable situation and his attempts to stifle them were calculated and evil. Also, where do you draw the line. The second set of allegations of sexual misconduct, made by Deborah Ramirez, refer to an incident when he was studying at Yale University. Surely nobody would argue that this incident should be overlooked because he was still in the throes of youth?

Rejecting the premises

Even for a teenager, his behaviour was extreme.