The editors of the Washington Post oppose protesting at the homes of judges or politicians (to the extent that those are two different groups):
Monday night’s demonstration was organized by the liberal group ShutDown DC to demand Justice Kavanaugh’s resignation because of his recent vote not to block a Texas law banning abortions as early as six weeks into pregnancy. “Another blatant attempt to intimidate the judiciary,†said Sen. Charles E. Grassley (R-Iowa). Notably, and to their credit, two Democratic senators who opposed Justice Kavanaugh’s confirmation, Richard J. Durbin (Ill.) and Patrick J. Leahy (Vt.), also denounced the protest. “Politics ain’t beanbag. We all know that you have to have a tough mental hide to be in this business,†Mr. Durbin said Tuesday at the start of a Judiciary Committee hearing. “But it’s absolutely unacceptable, from my point of view, to involve any major public figure’s family or their home or to involve yourself in criminal trespass in the name of political freedom of speech.†Those not happy with the court’s action, he and Mr. Leahy said, should express themselves at the ballot box or outside the courthouse.
We agree. Leave spouses, children and homes out of it. If that appeal for basic civility and decency isn’t persuasive, those who engage in these reprehensible tactics should realize they are only hurting their cause when it is overshadowed by their tactics.
I disagree with them or, more precisely, I consider this two distinct questions:
- Should people be allowed to protest at the homes of judges?
- Should they be allowed to protest at the homes of elected officials?
I’m actually chary of protests at anybody’s home since I think that all demonstrations carry implied threats of violence. Mob action is hard to contain. But I distinguish between Supreme Court justices and elected federal officials. The Supreme Court is supposed to be the technocratic wing of the federal government, not serving at the pleasure of the executive or even of the people. They are supposed to be legal scholars who arrive at rulings based on the law and precedent rather than ideology or politics. Rather than moving in the direction of a more politicized court we should be going in the opposite direction.
Therefore my answer is I don’t think they should be protesting at all and protests are uncivil by their nature but to the degree that such protests are their right protesting in front of homes is not out-of-bounds.
I would also submit some questions. Should people be allowed to protest in front of the White House? If your answer is “yes”, how do you square that with the editors’ view? I don’t think it can be done.






