In order to continue to rationalize and legitimize their support for Trump and all of the reprehensible things he says and does, Conservatives have had to abandon any semblance of principled ethical decision-making. They have retreated in their ethical justification to one recurring assertion…
Well he has the Right to do it.
We hear it all the time nowadays. But look, let’s be clear. We value and respect the Rights that we afford to each other through social norms, mutual respect, and as codified in our Constitution. But let’s also be clear, simply asserting that one has a strictly legal right to do something does not make it right to do. Acknowledging that someone technically has a right to do something does not excuse one from recognizing any other ethical considerations.
Having a legal or technical Right to do something doesn’t make it a wise thing to do, or a courteous thing to do, or a sensible thing to do, or even an honorable thing to do. In fact, sometimes asserting one’s Right is a dick thing to do. It may even be a selfish and unconscionable thing to do. Asserting a Right can in fact be the sociopathic thing to do.
It may be my Right to wear my stovepipe hat in a crowded movie theatre, but it’s a dick move. It may be my Right tell you that your little child looks like a mutant Klingon, but no one should do that. It may be my Right to exploit loopholes so that I pay no taxes on my millions, but really? And it may be my Right to brandish my gun and wave my Confederate flag around, but is it really right to exercise those particular Rights in that manner?
Similarly, the Congress may technically have had the “Right” to block Supreme Court Nominee Merrick Garland for eight months, but it was a dick thing to do. They technically had the “right” to appoint Amy Coney Barrett only weeks before a Presidential election, but it was still hypocritical and low-class to assert that Right. The President may technically have the “right” to personally intervene in Federal criminal cases to serve his own personal agenda, but it is still wrong. Trump may claim a “right” to grant pardons to anyone he wishes, or redirect resources, or to have private conversations with dictators, or any of a million other things. He may have the “right” to lie about matters personal and official, but it is still unethical. Simply put, his “right” to do those things does not make any of them the right thing to do. It certainly does not excuse them or make them into behaviors that we must accept.
It is not surprising that Trump, self-serving child that he is, would assert a “right” to do practically anything he wishes. Nor that Mitch McConnell would assert that any dirty tactic he may employ is within his “rights.” But it is really sad that so many outsiders, so many pundits and elected representatives, folks whose ethical responsibility it is to be ethically responsible, respond to concerns about ethical integrity only by saying “well he has the right to do that.”
Claiming that someone else has “the right to do that” is a weaselly and cowardly attempt to appear ethically-grounded while in fact abandoning anything beyond a pathetic pretense of ethical integrity. Conversely, quite often the truly right thing to do ethically is to put aside one’s own personal selfish “rights” to service a far greater and more noble good.
And it must be pointed out that very often these “rights” invoked are usually not affirmative, specifically granted rights, or even generally accepted rights. Most often these are matters of common human decency that no one ever felt they needed to enumerate in some gargantuan list of all the things no honorable person would ever do, or would even think of doing.
The lack of a specific prohibition is not a Right.
Yet, for the most part, this is the new Trumpian ethical low that we Americans have fallen to. If your totally reprehensible and unthinkable behavior has no specific law against it beyond hundreds of years of decorum and mutual respect, then you claim that it is your “right” to do that thing. And if you are a partisan or sycophant, you excuse that behavior by simply pointing out that it is technically and legally within their rights.
Invoking a technical right to do something is one of the most abused, misused, disingenuous, and yes even unethical, levels of ethical thinking and behavior. So realize that when apologists justify bad behavior as a “right,” they are almost certainly resorting to the weakest possible justification that they hope sounds principled, lofty, and unassailable.
We should not so easily let them off the ethical hook by simply invoking this sort of disingenuous justification.