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Culture War Roundup for the week of September 25, 2023

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Just saw news of Dianne Feinstein's death. So does this mean an election to fill her vacant seat? How soon? Likely candidates? Replaced by a more progressive (more woke) or a more liberal (not woke) Democrat? Thoughts and opinions on this?

Don’t fear. Newsom has promised to appoint a black woman. The only relevant qualification to the Democratic Party.

This is low effort boo outgroup. Don't do this.

Would the comment:

"Given that the VP slot was promised to a black woman, the open seat on the Supreme Court was promised to a black woman, and now this spot in the senate has been promised to a black woman, there seems to be an established trend that being a black woman is the only relevant qualification to the Democratic Party."

have been low effort boo outgroup?

I'm asking because Barron20204's comment seems less 'boo outgroup' and more pithy and accurate acknowledgement of the established fact that positions of the highest levels are now routinely promised by outgroup to black women.

Surely what makes it boo outgroup is the failure to contemplate the possibility that said outgroup might have legitimate reasons for doing what they did. Not to mention that the claim is a caricature of the outgroup's actual stance, since rather obviously the two black women appointed so far have had all the conventional qualifications for the jobs at issue. And, of course, a non-boo outgroup approach might consider that taking representation into account when appointing someone to a representative body does not seem to be unreasonable on its face.

My original comment was pithy culture warring of course, though I think the point still stands.

the two black women appointed so far have had all the conventional qualifications for the jobs at issue.

This may be true but those conventional qualifications have been poisoned by affirmative action, so it’s impossible to tell how qualified they really are. I’ve been less than impressed by Jackson’s legal acumen, though I’m not a lawyer and fundamentally disagree with her so take that with a grain of salt.

taking representation into account when appointing someone to a representative body does not seem to be unreasonable on its face.

This would be supremely unreasonable if applied to other groups like Jews. Hell, Hispanics are much less represented in Congress than blacks relative to their proportion of the population. For some reason it’s always one specific group getting this racist boost.

  1. Justice Jackson actually was pretty light on traditional qualifications (though so was ACB). Jackson was barely a circuit judge. Spent a lot of time as a public defender. There were certainly many more people with a more impressive CV.

  2. Her opinions have been regularly panned by conservatives. Such conservatives don’t that with Kagan so it isn’t the holding itself but how that holding develops.

  1. There have been all of two female African American senators in the history of the Senate. I don’t personally care, but that is a fact.
  2. I believe there are currently 6 Hispanic senators and 3 African American senators, so African Americans are underrepresented in the Senate, compared to Hispanics.
  3. The last time Gavin Newsom appointed a senator, to replace Kamala Harris, he appointed Alex Padilla, who is Hispanic.

This would be supremely unreasonable if applied to other groups like Jews

Of course, for decades there was a de facto "Jewish seat " on the Supreme Court.

I was looking at congress as a whole where the sample size is more reasonable.

Of course, for decades there was a de facto "Jewish seat " on the Supreme Court.

If we truly cared about representation matching the population then there wouldn’t be a Jew on the Supreme Court, let alone an informal reserved seat.

I was looking at congress as a whole

And if Congress was unicameral, that would be great. But it isn't.

If we truly cared about representation matching the population

I'm not sure who "we" is. Because I didn't say that. There is a big difference between 1) "It is fine if appointments are made in a manner such that all groups have at least some representation" and 2) "Every group should have representation which exactly matches their percentage of the population."

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Surely what makes it boo outgroup is the failure to contemplate the possibility that said outgroup might have legitimate reasons for doing what they did.

The comment in no way indicated that Democrats were promising positions to black women for illegitimate reasons. Only that they were doing so routinely.

Not to mention that the claim is a caricature of the outgroup's actual stance, since rather obviously the two black women appointed so far have had all the conventional qualifications for the jobs at issue.

We have wildly, radically different views of what qualifies as 'all the conventional qualifications' for the Vice Presidency and Supreme Court. If you're going to assert that Kamala Harris is as conventionally qualified as Mike Pence, Joe Biden, Dick Cheney, Al Gore then you're going to have to provide evidence and you're not going to find any. Mike and Al were governors with actual governing experience. Joe and Dick had 30+ years each of dc insider experience. Hell before he was VP Dick Cheney was WH Chief of Staff and Secretary of Defense.

If you'd like to put Ketanji '379 days on the Court of Appeals' Brown Jackson's record up against the conventional qualifications of, oh I don't know, having an established judicial record for the senate to be able to examine before confirmation, then feel free to do so, but just asserting it to be so has negative probative value.

And, of course, a non-boo outgroup approach might consider that taking representation into account when appointing someone to a representative body does not seem to be unreasonable on its face.

Representation of their constituents political desires. That's what they're supposed to be, at least. You're (likely inadvertently) advocating to replace that system with a South Africa style quota. Which, if enacted, would mean a great many black women would have to be fired and replaced. Because they are currently hilariously overrepresented at all levels of 'public service' given they are around ~6% of the American population.

If you'd like to put Ketanji '379 days on the Court of Appeals' Brown Jackson's record up against the conventional qualifications of, oh I don't know, having an established judicial record for the senate to be able to examine before confirmation, then feel free to do so, but just asserting it to be so has negative probative value.

I mean, Amy Coney Barrett was also very new as a federal judge when she was named to the supreme court. It's not exactly unprecedented for presidents to give supreme court seats to people who'll rule the way they want even if they're underqualified.

The comment in no way indicated that Democrats were promising positions to black women for illegitimate reasons. Only that they were doing so routinely.

I think we are going to have to disagree on that one.

If you're going to assert that Kamala Harris is as conventionally qualified as Mike Pence, Joe Biden, Dick Cheney, Al Gore

Well, Joe Biden and Mike Pence [edit: I meant Dick Cheney] might be the most conventionally qualified VPs ever, so they do not represent the norm. As for Al Gore, he served 8 years in the House and 7 in the Senate. No executive experience at all. Kamala Harris was a DA for 7 years and then Attorney General of the most populous state in the country for 6, and then Senator for 5 years. Then there is Dan Quayle (4 years in House, 8 years in the Senate). Then there are unsuccessful nominees like Sarah Palin and John Edwards (1 term in the Senate).

If you'd like to put Ketanji '379 days on the Court of Appeals' Brown Jackson's record up against the conventional qualifications of, oh I don't know, having an established judicial record for the senate to be able to examine before confirmation, then feel free to do so

Jackson has all the normal educational qualifications, clerked for the Supreme Court, served as the vice chair of the US Sentencing Commission, and was a US District Court judge for several years (which indeed created a judicial record for the Senate to examine). And note that commentators, including Justice Scalia, have long bemoaned the fact that few Supreme Court justices have experience as trial judges. In contrast, John Roberts had all of 13 months of experience as a judge before being appointed. Elena Kagan had no judicial experience. Clarence Thomas had a little more than a year. Sandra Day O'Connor had served five years as a judge at the county level and 1 1/2 years as a judge on an intermediate state appellate court.

You're (likely inadvertently) advocating to replace that system with a South Africa style quota.

No, I'm not. Because, you know, for 45 years, the Supreme Court distinguished between racial quotas and taking race into account. If they can understand that distinction, I am guessing you can, too.

Well, Joe Biden and Mike Pence might be the most conventionally qualified VPs ever, so they do not represent the norm.

Neither of them are even close to the "most" - HW Bush immediately comes to mind but there's probably an even better one

You said:

And, of course, a non-boo outgroup approach might consider that taking representation into account when appointing someone to a representative body does not seem to be unreasonable on its face.

I said:

Representation of their constituents political desires.

As in the thing the representative body is supposed to represent is the will of their constituents. It is absolutely unreasonable to pretend that your use of the word representation had anything to do with the stated purpose of a representative body. And your clever attempt to equate the two disparate concepts through wordplay is absolutely an advocation for representative bodies that look like the constituents they represent. Inadvertent or otherwise.

I find calling Pence or Biden as the most qualified ever pretty funny in the context where Adams, Jefferson, Burr, GWHB, George Clinton, Calhoun, LBJ we’re all VPs.

But to your point, let’s look back to see someone as unqualified as Kamala.

Let’s see. Mike Pence? More qualified. Joe Biden? More qualified. Dick Cheney? More qualified. Manbearpig? More qualified. Quayle? It’s close. GWHB? Not by a country mile. Mondale? More qualified. Rockefeller? More qualified. Ford? More qualified.

So amongst the last ten VP Kamala appears tied for last in terms of qualification.

Neither of them are even close to the "most"

My mistake. I meant to say Dick Chaney, rather than Mike Pence.

As in the thing the representative body is supposed to represent is the will of their constituents.

  1. Right. And someone who is African American is more likely to know the will of African Americans than someone who isn't.
  2. Moreover, representatives are also meant to represent the interests of their constituents, not just their will, which realistically does not exist re a lot of legislation. A diverse (not just racially but in many ways) body is more likely to represent everyone (and to understand how govt action will affect everyone) than a less diverse one. That is why the #1 selling point fir Jackson was her work as a public defender. Most judges with criminal experience are ex-prosecutors.
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