I don’t usually comment on the culture wars, but every once in a while they connect directly to the operation and interdependence of the judiciary. This week brought an unfortunate example.
This blog has chronicled some of the inappropriate questions and comments from Senator Mazie Hirono (D-HI) in the course of her service as a member of the Senate Judiciary Committee — comments that have drawn sharp criticism even from members of her own party. Among other things, Senator Hirono finds it proper to ask Catholic judicial nominees about their private religious affiliations and practices, as if membership in a church or the Knights of Columbus has any demonstrable impact on a person’s ability to handle the solemn duties of judicial office.
Hirono’s aggressive disgressions were on display during last week’s confirmation hearings for Amy Coney Barrett. First, Hirono asked Barrett — a widely-respected judge, law professor, and mother of seven — if she had ever sexually assaulted anyone. Hirono followed this obscene question with a loud “tsk-tsk”ing of Barrett for her use of the term “sexual preference” during the hearing. Even though Judge Barrett immediately apologized for any unintended offense, Hirono proceeded with a baseless attempt to brand Barrett as a homophobe. (The meaning of the term is certainly in flux and is offensive to many, but it remains in use by, among others, Joe Biden.)
Questions and comments like Hirono’s — which erode public confidence in the court system without any concomitant positive contribution — are cause for civic despair. But in America, such despair often manifests itself as gentle mockery. And the Babylon Bee, a Christian humor site, came through with the following satirical story:
Senator Hirono Demands ACB Be Weighed Against A Duck To See If She Is A Witch.
This may not be the funniest thing I have read in my life, but it’s certainly good for a chuckle — especially for the large number of readers who instantly recognize the direct allusion to “Monty Python’s Holy Grail.” It’s not surprising, then, that the Bee piece was shared widely on social media, including Facebook.
But in a stunning bit of self-importance and tone-deafness this week, Facebook pulled down the article and demonetized the Bee’s own Facebook page, on the spurious grounds that the article “incites violence.” After an appeal and manual review, Facebook has apparently chosen to stand by its decision.
So Americans lose twice. First, a Senator squanders an important opportunity to substantively question a Supreme Court nominee in the name of advancing identity politics. And then, a long tradition of satire is crushed by a social media giant on the weakest of pretenses. Score another point for civic despair.
The Interdependent Third Branch 