A goal is not a plan. Sometimes people pretend it is so they don’t have to plan. And sometimes people pretend it is to protect their plan from scrutiny.
In an NPR interview yesterday, the Senate Judiciary Committee’s Republican Ranking member, Jeff Sessions expressed his party’s persistent doubts about Sotomayor: "She said her background could affect the facts she chose to see as a judge, and that, if believed, is a disqualifying thing, frankly."
The interviewer Robert Siegel tried over and over to bring Sessions around to wondering about the best plan to keep biases in check given that everyone has biases. Sessions ignored Siegel’s arguments returning over and over to the goal of keeping bias from affecting decisions.
To highlight Session’s goal-as-plan subterfuge, here’s the conversation paraphrased:*
Sessions: Despite her declared commitment to our goal, we suspect that Sotomayor may not really share it.
Siegel: Perhaps she shares your goal but not your plan for achieving it.
Sessions: It is the priority goal.
Siegel: Of course it is, but there are reasonable questions about the Republican’s plan for achieving that goal.
Sessions: Well, that’s not good enough. It’s the priority goal.
Siegel: But there are different approaches to achieving that goal and it is reasonable to wonder whether the Republican plan might in fact, be counterproductive to achieving it.
Sessions: I can’t stress enough how great a priority this goal is.
Siegel: Republicans talk as though they don’t have biases, as though they have a perfectly surefire way to keep those biases in check, or as though they alone can see the truth without any interpretive bias. But Republicans have shown no more ability to keep their biases in check than anyone else. It is reasonable to wonder whether admitting to bias or denying bias is the most effective approach to achieving our goal of minimizing bias in interpreting the law.
Sessions: I don’t see why it is so difficult for you people to understand that the priority is that there be no bias or interpretation done by members of the supreme court.
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