Archive for the ‘opinion/news’ Category

A nice problem

Posted: May 19, 2009 by datechguy in opinion/news
Tags: ,

Picking up on the post yesterday concerning the supreme court something hit me this morning.

As you might have gathered I have a beef against the 60’s. I think the cultural changes have produced a lot of problems but there have been some changes of a very positive nature and one of the results of those changes is before us.

Professor Hutchinson and I have a chicken and egg argument in that would like to see “diversity” highlighted as a reason for a choice while noting that there are many qualified candidates who meet that test. I wish to see qualifications highlighted and diversity de-emphasized but note that there are plenty of “diversity” candidates that meet the qualifications standard that I have and if that standard is achieved I’m satisfied.

The amazing and wonderful thing is the increase of the pool of “diverse” candidates that are without a doubt qualified for the position.

Think 1968, there is no question that Thurgood Marshall would be a on short list for the supreme court in terms of qualifications but how large would be the pool of “diverse” candidates with his qualifications existed? Or at least were known by the general public?

Fast forward two generations we are having the debate over a new opening on the court. If the president wants to make a choice based on color or race it is actually much harder, not because of the breaking of a barrier but because of the number of qualified candidates to choose from, in fact it would take real effort for the president to choose an unqualified “person of color”.

This is an incredible thing, and the country should celebrate this fact. This is the ultimate success of the civil rights movement and the reason why at the time affirmative action was not a bad idea. The moves made two generations ago produced the pool of qualified candidates and assures us of that pool from this point on.

President Johnson had the problem of getting the country to accept a supremely qualified candidate for the high court who happened to be black. President Obama has the opposite problem, choosing one candidate from a large pool of supremely qualified candidates.

The fact that nobody notices how wonderful this is , shows how far we’ve come. Life is pretty good and we don’t even realize it.

Nordlinger and the future

Posted: May 18, 2009 by datechguy in opinion/news
Tags: ,

Jay echos Steyn in today’s impromptus with this bit:

Begin with the flight — my flight from JFK in New York to Queen Alia International in Amman. I can’t help thinking of Mark Steyn. It’s natural to think of Mark Steyn, isn’t it? In this particular case, I’m thinking of demography, and all the arguments Mark has made over the years. He speaks about “demographic energy”: and this is not coming from Westerners.

On my Royal Jordanian flight are many, many children. I believe half the passengers are under ten. Seriously. Parents have brought along three children, four children, five children, more. And I find myself thinking, “My, what large families.” But, when I was growing up — in good old America — that was pretty unremarkable, routine. Now there’s one child, or two if you’re really, really fecund and reckless. And these Middle Eastern families seem: large. “It’s all relative,” as the saying goes (and in this case there’s a double meaning, I guess).

Whenever I am on a “Third World flight” — impolite term — I notice this: children. On the flights within the U.S. I take, children are almost a novelty. Same with flights to and from Europe. But whenever I wander beyond those regions: kid-o-rama.

This cannot be without consequences, can it? Whether you regard them as good or bad: It cannot be without consequences. For more, please consult Mark Steyn.

You just don’t think long range when you have few children or no sense of an afterlife, you tend to be narcissistic and live for the now. This is what the drug culture and the changes of the 60’s have wrought. I’m not likely to live to see the final results but it will be a tough time for my boys.

The problem of empathy …

Posted: May 18, 2009 by datechguy in opinion/news
Tags:

…as a qualification is not grasped by Talk Left:

Empathy — for the little guy, for the powerless, for the meek and mute and broken members of society who aren’t noticed by conservative judges, who can’t afford teams of lawyers to plead their cases — empathy allows their voices to be heard: voices of the ordinary and common, voices of the frightened and dispossessed, voices that deserve the attention of Supreme Court Justices.

Is that we can see what liberal empathy has done with urban areas such as Detroit, Washington DC etc. Place after place becoming dependent.

That isn’t the reason why it’s an issue the real problem is you never know who someone might empathize with. Empathy makes for good friends and neighbors but bad law, because the rules are not consistent.

But it’s a moot point anyway since the president will choose who he wants and there is almost no chance that anyone will be able to stop it.

Identity please

Posted: May 18, 2009 by datechguy in opinion/news
Tags: ,

I generally disagree with Darren Hutchinson but you can be sure he will give you not only an honest argument but a reasoned one. He does so again today on the subject of identity politics and the court:

Although Obama relied upon identity politics for his electoral success, the White House is instructing GLBT, Latino and women’s groups to kill the identity talk. Several GLBT, Latino and women’s civil rights groups have urged the president to pick a candidate who will enhance the Court’s diversity. No openly gay or Latino person has ever sat on the Supreme Court. Only two women (both white) have occupied a seat on the Court. And two black men have also served on the Court.

I agree that the candidate should not look like a “token” hire, but there are many persons of color, women, and GLBT lawyers who would make excellent Supreme Court justices.

Now of course who I would like to see on the court and who Professor Hutchinson would like to see are likely as night and day philosophically but like the professor I think a token hire is a bad idea. However the professor also says this:

White House is doing its best to toss aside the very identity-based movements and politics that won the election for Obama. Press Secretary Robert Gibbs says that: “I don’t think that the lobbying of interest groups will help. . . .I think in many ways lobbying can – and will –be counterproductive.” Of course, Gibbs never identifies the dangers the groups create by stating their preference for diversity. Also, it seems odd that Gibbs would disparage “special interest” groups, when labor, civil rights, feminist, pro-choice, anti-war, glbt, and many other “interest groups” are essential components of the Democratic Party. Without their support, neither Obama nor Gibbs would have a job at the White House.

That may be so but it’s not relevant. You don’t want to end up with a “Black” seat or the “Asian” seat or the “Latino” seat etc etc etc.

Of course among equally qualified candidates race is irrelevant as long as the candidate is well qualified all the other stuff is moot.

The whitehouse is doing the right thing in de-emphasizing identity. Not only is it patronizing but once you have a quota established then it becomes an entitlement and that will divide us even further.

The disagreement is about a principle since of course the president will almost certainly make an identity choice. Unless there is an old Chicago debt (a la Abe Fortis) to pay back I can’t imagine that either of us will be disappointed with at least the qualifications of the selection.

Update: Somehow missed the word “like” in a sentence above.