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Rawls became famous for creating a new definition of justice, which boils down to this: a society is fair if it looks like something we would design before knowing how we would come into the world. He imagined a fictional “original position,” the position we would be in if we were told we were about to be born, but were not told about the circumstances we would be born into — how tall or short we would be, or of what race or nationality, or what resources or personal qualities we would have. This vision of justice is often compared to being asked how you would want a cake to be divided if you did not know which piece will be yours: equally, of course.

On one hand, the right wing is replete with personalities who undermine everything they profess to stand for. Across the aisle, members of a Democratic party, aghast at the hypocrisy of their counterparts’ personalities, seem themselves reluctant to demonstrate any personality at all.

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This feature of the Constitution was itself an expression of trust: trust in future generations. The founders were flawed men who were also cognizant of their limitations (much more so than some who would come along later, insisting that laws must only be understood according to the exact attitudes of the men who wrote them). They built into the system a way for it to become bigger than their own biases, trusting their successors with the power to improve upon what they had created. Decades after the founding, Jefferson wrote in a letter to a friend: “Laws and institutions must go hand in hand with the progress of the human mind . . . we might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.

To me, the whole episode was about what happens when a public official becomes obsessed with ideology and forgets that the chessboard on which he is playing out his strategy is, to a great many people, their own life story. Good policy, like good literature, takes personal lived experience as its starting point. At its best, the practice of politics is about taking steps that support people in daily life — or tearing down obstacles that get in their way. Much of the confusion and complication of ideological battles might be washed away if we held our focus on the lives that will be made better, or worse, by political decisions, rather than on the theoretical elegance of the policies or the character of the politicians themselves.

It was actually Thomas Jefferson himself who said 'we might as well ask a man to wear the coat that fitted him when he was a boy' as expect future generations to live under what he called 'the regime of their barbarous ancestors.' So even the founders that these kind of dead-hand originalists claim fidelity to understood better than their ideological descendants — today's judicial so-called conservatives — the importance of keeping with the times. And we deserve judges and justices who understand that.

Part of how you can win and deserve to win is to know what’s worth more to you than winning.

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