Wednesday, May 27, 2009

Sotomayor: Cause for Concern

There is definite cause for concern in some of what Sotomayor writes here. On a quick read, it doesn't seem as bad as some on the right are saying...but some of what she says (especially in the last two pages) is clearly consistent with some pretty worrisome, pretty loony, very lefty, theories.

The characteristic mistakes of the right in these matters: they pretend that it's easy to achieve objectivity...and they tend to fairly uncritically judge that their own preferred views are the objectively correct ones. The characteristic mistakes on the left tend to involve mindlessly parroting dopey PoMo theories to the effect that even approximations of objectivity are impossible...and not even a worthy goal. The lefty error may be marginally crazier, but the righty one has probably done more real harm in the world.

The benign interpretation of what Sotomayor writes on the other end of the link is that she thinks that we ought to aspire to objectivity, but can't always achieve it. That's true and obvious, and anyone who disagrees with either conjunct doesn't belong anywhere near SCOTUS. Unfortunately, some of what she writes suggests sympathies with leftier types who do deny the first conjunct, or who deny that even approximations of objectivity are possible. If that's what she believes, then she simply can't be allowed onto the court. If I had to bet, I'd bet that she believes the benign thing and not the crazy thing, but I suppose we'll just have to wait and see.


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