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Culture War Roundup for the week of April 15, 2024

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I find Nate's arguments pretty compelling here, assuming you actually want woke democrats on the Supreme Court, which I don't. But setting aside my personal feelings on the matter, he's basically correct.

Your arguments can basically be boiled down to the following:

  1. Seniority is important for judges to gain respect through judicial rigor.
  2. Democrats shouldn't bother thinking tactically since they should just win more elections by appealing to more people.
  3. Sotomayor would be more left-leaning than any candidate the dems could nominate now.

The first argument is the strongest, but it only has a marginal impact. The respect of judicial rigor that comes tenure is non-negligible. Further, other people in the thread added to the point that more senior justices get selected first to write opinions. But neither of these are that important. Even if they nominate Dumbo McGee, they're still locking down a lifetime appointment in one of the most consequential positions in America and the world. As a counterexample, Anthony Kennedy had pretty terrible reasoning in many of his opinions, but he was ultra-powerful by virtue of being a swing justice. So while you're making a good point, it'd be a lot stronger if you had some evidence of how much it actually matters in practice.

The second argument is just goofy. The senate has a heavy bias towards rural states, and it's been a minor miracle that Dems have remained competitive thus far, but as blue senators in red states retire or are defeated the bias will become undeniable. Nate has argued many times that Dems should stop pandering to the woke crazies, but he doesn't control the entire Democratic party. Abandoning positions will always come with a ton of pushback and there's no guarantee others will be on board, and the Dems would need to cut extremely deep to appeal to rural conservatives. The "tanking" argument doesn't hold a lot of water since there's a big difference between a 9-0 conservative majority vs a 5-4 conservative majority, just like how there'd be a huge difference between a 51-49 senate split vs a 100-0 split. Doing an end-run around the SCOTUS would be far, far harder than just fighting tactically for a justice now. Dems might end up uncompetitive in the senate in the long run, but they can still delay that for a bit.

The third argument is disproven by Ketanji Brown Jackson, who was recently confirmed in the same environment that a replacement for Sotomayor would face. Jackson is a female equivalent of Ibram Kendi, so no, I don't think the Dem pick would be guaranteed to be some moderate.