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If you read Tribe's comments in context it's clear that he's referring to her having a certain arrogance where she thinks she'll be able to persuade conservatives where she's more likely to put them off. It was more a comment about her personality than her intelligence, and why Kagan would be better in the role of Kennedy-influencer. In any event, Tribe later said that he was proven wrong. As for Jackson, she didn't ask that question, she gave a non-answer to a gotcha posed by Marsha Blackburn, who appeared less interested in determining Jackson's qualifications or judicial philosophy than in going on a rant about Lia Thomas and talking about how progressive education led to mind rot. Seriously, how was she supposed to answer? What could she have possibly said that would have satisfied Ms. Blackburn and earned her vote? From Lindsey Graham's questions about her faith to the softballs Democrats were lobbing, the whole thing was a dog and pony show, everyone knew this going in, and she was given specific preparation to not answer any questions if she could help it. Yeah, she gave an idiotic answer, but it was an idiotic question.
Anyway, the reason for my comment wasn't to specifically say that you were engaging in boo-outgroup, just that it comes across as below the standards of this board to imply that someone who has risen to the rank of Supreme Court Justice acts the way they do because of low intellectual capacity. I've been here since 2017 and I have yet to be modded once. I rarely report comments, though I also get pissed off when troublemakers decide to argue with the mods. Whenever I see someone people tying themselves in knots trying to explain and/or justify Trump's latest Outrage of the Week, I'm tempted to respond by simply saying that Trump is obviously too stupid to engage in anything approaching coherence and that his supporters, almost without exception, are too stupid to notice that he's incoherent, and that if you want to bemoan the decline of conservatives in academia then maybe it's time to consider that it isn't so much persecution as it is proof that conservative ideas are simply unappealing to anyone with half a brain.
Of course, I don't do this, and if I did I'd probably be reported on a bunch, and I'd probably be given some leeway at first because of my history here, but eventually patience would run thin and I'd have to start eating bans. And whoever reported me and the mods would be correct to smack me for it, because, despite the fact that I can point to all kinds of evidence supporting the idea that Trump and Trump supporters are generally all morons, that isn't really productive and isn't the kind of discourse I expect here. So when I see it coming from a mod it's disappointing, and when I see it trying to be justified on the grounds that Larry Tribe once said this and "Did you hear what she said to the Senate Judiciary Committee?" it makes me wonder if I should just say "Fuck It" and see what I can get away with. Unless, of course, you're telling me that I'm perfectly within the rules to do that, in which case I won't do it all the time, but you can count on me referring to Alito and Thomas as the "low IW wing" in the future.
... why? I don't read Supreme Court opinions much so I don't have an opinion on it myself, but this is the kind of thing that could be true, and would have significant political implications if so. Sotomayor being dumb isn't just a personal insult, it's a fact about a person that would make their rulings worse. And that the impact of her being maybe dumb is blunted by the rest of the court being less doesn't make it not worth discussing - if true, a trend of appointing more people like that could be really bad for the country! And it doesn't have to be an outgroup thing, you could easily imagine Trump getting mad about fedsoc judges 'cucking' and appointing some low IQ people himself.
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This does not seem clear to me at all.
He's a partisan. I trust his unguarded opinion about someone whose status was in the moment unimportant to his tribe, above anything he said later in public when he was likely to be speaking more to save face or engage in "yay ingroup." I'm applying something like a Bayesian version of the "statements against interest" rule, I guess.
Sorry--looks like I dropped a word ("was") from that sentence, mea culpa. You are correct; she was asked "what is a woman" and her answer was "I'm not a biologist," which is a stupid answer even assuming she is a hardened partisan. Someone who believes "woman" means what trans advocates want it to mean ("a person who identifies as a woman"), should have answered in a way that would not imply that the answer was grounded in biology at all. Her answer wasn't just a pointless dodge, it was a bad dodge. If you think it would be more charitable to characterize her answer as a lie than as stupidity, like... okay? But that's not actually clear to me. (I also disagree that the question was a "gotcha." It's not a "gotcha" to ask someone a question that requires them to either admit to the force of biological reality, or speak lies and prevarications in service of one's ideological paymasters. But that is a different discussion I think.)
Two people can be idiots at the same time!
I am opposed (and increasingly opposed every passing year) to the deference shown the judiciary by lawyers, journalists, and the public. Specifically, you are probably familiar with attorneys being disciplined and sanctioned for impugning judicial integrity in court proceedings; I regard that as a blatant violation of the First Amendment. My experience with law practice and legal academia is that there is a prevalent attitude of deference to the judiciary, not only to its supposed impartiality, but to its competence. I think that is both mistaken and a little bit disgusting, especially as the judiciary has become increasingly professionalized. One does not "rise" to the rank of Supreme Court Justice, because these people are not above anyone. Especially when they are explicitly affirmative action selections. Even the brightest SCOTUS justices are approximately comparable to your typical tenured professor in an R1 university (except that university professors do more real, actual work than appellate justices, but again--different discussion). SCOTUS justices just are not that special--and even then, Jackson would not be a SCOTUS justice if she were a white man. Probably she would not even have been admitted to Harvard Law, though we don't know for sure because apparently it's "racist" to ask about her LSAT scores--even though legislatures often demand such information from judicial appointees. (Seriously, have you ever listened to a state legislator who graduated from Fly By Night Law with a 2.1 GPA harangue an appointee over going to State Law with a 160 LSAT? The chutzpah of elected officials really is something else!)
I think it's important to be able to discuss people's intelligence, not just in absolute terms but relative to the intelligence of others. I am not a blank slatist. Apparently you're not the one making them, but I know I have seen posts here discussing Trump's intelligence and mental functioning, and in the past those conversations were also had about Biden. "Trump seems to be showing himself less intelligent than past U.S. Presidents, and here is why..." is an argument I would identify as within bounds, provided the rest of the post were sufficiently backstopped, not needlessly inflammatory, etc.
Now--very importantly--generalizing that to the intellect of "his supporters, almost without exception" or to "conservatives" generally, would be out of bounds. Why? Because of the rule about focusing on specific individuals or groups rather than general ones. Arguing that a person is stupid, and providing evidence for why that is the best explanation of what they said or did (in particular, explaining how you are not using "stupid" as a stand-in for mere disagreement), is a very different thing than characterizing an entire group (especially, an ideological group) as stupid.
I also am of the view that Trump is not very smart (though he does sometimes seem to possess remarkable cunning). You're welcome to say it, when it seems relevant, and I doubt you'll get many reports for doing so (though I couldn't say for sure). Frankly, if you brought real evidence that "Trump supporters are generally all morons" that might be an interesting post! But it would require you to actually bring such evidence, and it would have to be pretty strong to counterbalance the "bring evidence in proportion" rule, and frankly "Trump supporters" are a sufficiently diverse group that you would be on very thin ice. But hey, we've had Jew-obsessed posters manage to get away with quite a lot of bullshit by adhering to the letter of the law; if you wanted to become a raving anti-Semite but with MAGA instead of Jews, that could be novel and interesting. (With apologies to my fellow mods for even suggesting such a thing.) Just notice that most of the raving anti-Semites here do eventually get themselves banned over it. Very few manage to keep the touch sufficiently light.
Those aren't the only grounds, those were just the easiest and most obvious grounds. Other posters have fleshed out other relevant concerns.
Now, having laid all of that out--I could have written that post better. Your concern is valid, and I will try to adjust accordingly. For whatever it is worth, I regarded my mention of the low-IQ wing as a bit of throwaway flavor text expressing my respect for Kagan (despite disagreeing with her). I really do have no respect at all for the intellects of Sotomayor or Jackson, based on many hours of reading and listening to their words, and I think that they are excellent examples of how the "affirmative action" approach to political appointments genuinely harms real institutions. But as that was not the point of my post, I probably should not have included it as a throwaway line, at minimum because it apparently created significant distraction from the actual substance of my post.
I... think that's a typo? Maybe? If not, you'll have to tell me what IW is. Assuming you mean IQ--I have seen many people on the Left criticize Thomas as an affirmative action appointment, and maybe that is true; partly I have a less firm opinion of him because he stayed quiet in oral arguments for so many years. But Alito is quite sharp, this just would not be a plausible criticism of him. If you wanted to plausibly identify a "low-IQ wing" on the right it would need to be, like, Kavanaugh and Thomas, and off the top of my head I can't think of any cases where they went in together against the rest of the conservatives.
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