Just a line from Tom Cotton I wanted to memorialize, quoted at Fox News.
It's of a piece with the sort of rhetoric about judges I've been reading for the last 50 years and more. I can't remember a time when I was able to understand anything about the Supreme Court when there wasn't a notion that what they are really doing is politics. And I saw "Impeach Earl Warren" billboards when I was first learning to read — back when I had no idea what "impeach" meant (something about a peach?) or who Earl Warren was.
So it's an old, old theme. But it plays well, and I think Tom Cotton found a spiffy way to do the phrasing. Instead of calling Roberts unprincipled, he points to the other justices — "the principled justices" — and imagines them finding the Chief's "views" "strange" and uncompelling. That's a nice variation on the theme.
And you've got to give Cotton credit for complexity. He addresses the Chief Justice and invites him to do something he's obviously not going to do, though it's more realistic and respectful than the common insults that tell people to do things — like go to hell or kiss my ass — that they're not going to do. "Invite" is polite, and running for President is very grand. But the idea is that if you ran for President with your agenda, you would lose. Cotton predicts the loss in an elegant comparison of voters to "principled justices," who, he suspects, would have the same low opinion of the Chief's ideas.
Now, the so-called "principled justices" oppose the Chief because he's finding something in the law that actually belongs in the political decisionmaking process, and if the Chief were to run for President, he would be taking these ideas to the place where the "principled justices" say they belong. So if the voters rejected these ideas, it would not be for the same reason the "principled justices" rejected them.
Ah! Now, I see the little flaw in Cotton's rhetoric! The only way the voters and the so-called "principled justices" could share the same opinion of the Chief Justice's "strange views" would be if the "principled justices" were thinking in political terms — in which case, they would be no more principled than the Chief Justice.
But if Tom Cotton is reading this — hi, Tom! — I know you already know how to get off that hook. You only said the voters and the "principled justices" would find the Chief's views to be equivalently compelling. It can still be the case that these views are not compelling in court, because they are not law but merely political, and that they are not compelling in the political arena, because people just don't like them.
Showing posts with label rhetoric. Show all posts
Showing posts with label rhetoric. Show all posts
Friday, June 19, 2020
"If the Chief Justice believes his political judgment is so exquisite, I invite him to resign, travel to Iowa, and get elected. I suspect voters will find his strange views no more compelling than do the principled justices on the Court."
Labels:
activist judges,
John Roberts,
judicial restraint,
law,
rhetoric,
Supreme Court,
Tom Cotton
Monday, April 27, 2020
"And as a young black girl growing up in Mississippi, I learned that if I didn't speak up for myself, no one else would."
"So... my mission is to say out loud if I'm asked the question, 'yes, I would be willing to serve.' But I know that there's a process that will be played out, that Joe Biden is going to put together the best team possible. And I believe that he will pick the person he needs."
Said Stacey Abrams, on "Meet the Press" yesterday, when Chuck Todd asked her, "Do you believe you'd be the best running mate Joe Biden could find?"
Notice that she's answering a different question from the one that was asked. One could infer that the answer to the question asked is no. She's not the best running mate Biden could find. She contorted her way to another question — Are you willing to serve? — which is, apparently, the question she wanted or anticipated. To that, she says yes.
But couldn't she have said yes to the question asked? Before she got to the part of her answer I've quoted above, she said, "I was raised to tell the truth. And so when I'm asked a question, I answer it as directly and honestly as I can." Who knows if that is the truth? But assuming it is, I infer that her answer to the question asked is no.
I guess she wasn't raised to answer questions straightforwardly. Only "as directly and honestly as I can." But why can't she give a yes or no to the question Chuck Todd asked? The answer seems to be that she was raised to speak up for herself. And yet she did not take the opportunity to promote herself as the best person.
That's as far as I go for now understanding the rhetoric, ethics, and mind of Stacey Abrams.
Said Stacey Abrams, on "Meet the Press" yesterday, when Chuck Todd asked her, "Do you believe you'd be the best running mate Joe Biden could find?"
Notice that she's answering a different question from the one that was asked. One could infer that the answer to the question asked is no. She's not the best running mate Biden could find. She contorted her way to another question — Are you willing to serve? — which is, apparently, the question she wanted or anticipated. To that, she says yes.
But couldn't she have said yes to the question asked? Before she got to the part of her answer I've quoted above, she said, "I was raised to tell the truth. And so when I'm asked a question, I answer it as directly and honestly as I can." Who knows if that is the truth? But assuming it is, I infer that her answer to the question asked is no.
I guess she wasn't raised to answer questions straightforwardly. Only "as directly and honestly as I can." But why can't she give a yes or no to the question Chuck Todd asked? The answer seems to be that she was raised to speak up for herself. And yet she did not take the opportunity to promote herself as the best person.
That's as far as I go for now understanding the rhetoric, ethics, and mind of Stacey Abrams.
Labels:
biden,
Chuck Todd,
rhetoric,
Stacey Abrams
Friday, March 13, 2020
"I’ve been arguing that philosophers don’t need to believe in their arguments in order to make them. But what they do need to believe in is..."
"... the project of philosophical inquiry itself. A philosopher might offer up her argument in the absence of conviction but in the hopes of furthering the philosophical discussion around it. This is very different from someone who offers up a controversial claim in order to stir the pot of internet discourse, or enrage his opponents. While belief in one’s position can be laudable, it’s not the only laudable motive for doing philosophy. One can aim at truth even while reserving judgment on whether one has hit it this time."
Writes philosophy professor Alexandra Plakias in "Let People Change Their Minds" (OUPblog).
This got me thinking about an essay in The Atlantic that I was just reading: "Cool It, Krugman/The self-sabotaging rage of the New York Times columnist" by Sebastian Mallaby:
Writes philosophy professor Alexandra Plakias in "Let People Change Their Minds" (OUPblog).
This got me thinking about an essay in The Atlantic that I was just reading: "Cool It, Krugman/The self-sabotaging rage of the New York Times columnist" by Sebastian Mallaby:
In [a 1993 essay], Krugman reflects on his approach to academic research and emphasizes his facility with simple mathematical models that necessarily incorporated “obviously unrealistic assumptions.” For example, his work on trade theory, which helped win him the Nobel Prize, assumed countries of precisely equal economic size. “Why, people will ask, should they be interested in a model with such silly assumptions?” Krugman writes. The answer, as he tells us, is that minimalism yielded insight. His contribution to economics, in his own estimation, was “ridiculous simplicity.”
That same contribution distinguishes his journalism.... But Krugman should surely be the first to admit that his journalism, like his research, is founded on radical simplification. Like those economic models that assume people are perfectly rational, he presumes that his adversaries are perfectly corruptible. ...
In the end, one’s judgment about Krugman the columnist depends on the test that he applies to economic models: Their assumptions are allowed to be reductive, but they must yield a persuasive story. If you accept that almost all conservatives are impervious to reason, you will celebrate Krugman’s writings for laying bare reality. But... [m]ost people [have motives that] are mixed, confused, and mutable..... Krugman’s “ridiculous simplicity” produces writing that is fluent, compelling, and yet profoundly wrong in its understanding of human nature. And the mistake is consequential. For the sake of our democracy, a supremely gifted commentator should at least try to unite citizens around common understandings....Are Mallaby and Plakias taking different positions? Would Plakias support what Mallaby says Krugman is doing?
Labels:
economics,
Krugman,
lying,
Philosophy,
propaganda,
rhetoric