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Contra Nate Silver on Political IQ Tests OR On the Limits of Moneyball Philosophy
Nate Silver, on his new Substack argues that Sonia Sotomayor should retire, and that if you don't want her to retire you're a moron. Some pull quotes:
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Silver's core argument is that Sotomayor, at 70, is old; and according to models the Democrats are unlikely to control both of the Senate and Presidency in the near future, and that therefore Sotomayor should step down now when it might be possible for Biden, Schumer and co to replace her with another Democratic justice.
I find this take to be indicative of the flaws in Nate's own mindset, the Moneyball/Analytics/Sabermetrics venue that Nate comes from applied to politics, and to a certain extent to Rationalism more broadly, so I'd like to dig into why this is so wrong point by point. For the purposes of this argument, I am viewing this from the position of, as Silver defines it, a progressive or a "person interested in progressive outcomes" who would prefer liberal outcomes to SCOTUS cases. We will also assume that Sotomayor is a decent judge. It's not a particularly interesting argument if we argue that Sotomayor sucks, and anyway there's a point about that further down. I've loved Nate since his PECOTA days, I'm not reflexively anti-analytics, but it has to be balanced with humanity.
Much like the Moneyball Oakland As famously put together talented regular season teams that failed in the playoffs, Silver's approach to politics is about grabbing tactical victories, but will never deliver a championship. Sabermetrics types have long derided concepts like veteran leadership, man-management, The Will to Win, clutch play; we can't measure them on the numbers then they don't exist. Yet while analytics have value, so does traditional strategy, team variance isn't entirely random. Let's examine how some of this applies to politics here:
Flaw 1) What Gets Measured Gets Managed Silver builds a toy model, demonstrates that within his toy model SCOTUS seats are really valuable, then assesses possession of SCOTUS seats based on raw-count of votes by partisan appointment. This is an extremely limited view of what impact SCOTUS justices can have. Sotomayor is 70 years old. Going by most projections, she has about 16 years to go. There's some indications of poor health outcomes, balanced by the fact that she'll get top-tier medical care. For reference, Scalia would have been 70 in 2006. Scalia was very important between 2006 and his death. His impact in general has been almost immeasurably huge on American jurisprudence, even the court's liberals owe a lot to Scalia in their opinions. He achieved this mostly by sheer force of will and intellect, and a long stint on the court. Clarence Thomas is another example of a justice who slowly came into his own, and in the last ten years (his age 65-75 seasons) has gone from punchline to influential intellectual force. SCOTUS justices take time to develop, both in terms of their intellectual impact and in terms of their relationships on the court. Replacing Sotomayor early may buy you a few extra years of a nominal democrat on the court, but it may cost you a more influential judge in the meantime. Silver, because his toy model can't account for jurisprudential influence, ignores all this. It's impossible to model, so it is ignored, or worse derided as fake and gay.
Flaw 2) Defeatism Silver derides politicians as irrational, for foolishly believing "their party is on the Right Side of History and has the morally correct answers on the major questions of the day." This is accurate, but also ignores the point: if you don't think your party is on the Right Side of History and has the morally correct answers, then you shouldn't be doing this. The only reason to get into politics is because you think you can win. If you can only lose, you need to change strategies. Silver's models predict that Democrats won't control the Senate for some time; that is within the power of the Democrats to change! Replacing Sotomayor because you likely won't control the Senate for another 16(!) years is like signing a high-priced closer to get a .500 baseball team an extra win, you still aren't making the playoffs. It also ignores history: the Senate has changed hands repeatedly, 8 times since 1980, or roughly once ever six years. If you start from the assumption that the Democratic message is basically unpopular in much of the country, such that they will never hold a Senate majority, then the Democratic party needs to rebuild from the ground up. Don't waste energy lobbying for Sotomayor to retire, lobby for Ds to pull their heads out of their asses in the heartland. If Democrats don't think they can win majorities, they shouldn't be Democrats, and shouldn't care about the SCOTUS majority. If you don't see a path to victory for your project, you need a new project. There's even a sort of "tanking" argument to be made that strategically, 6-3 and 7-2 aren't that different, so it doesn't matter if Sotomayor is replaced by an originalist, and it's politically better for Ds to face a brutally conservative SCOTUS, which might allow them to pass laws to bypass SCOTUS altogether, rather than a mildly less conservative SCOTUS. The only path to a liberal Majority on the SCOTUS is for Ds to win the Senate and the Presidency, repeatedly, they need to be working towards that goal, not maintaining their minority.
Flaw 3) Eliminating the Individual Silver assumes that any D is as good as any other D. That any D Senate is as good as any other D Senate, and any D justice is as good as any other D justice. This is misguided. The D justice that would get past this D Senate is probably going to be a milquetoast, below average, moderate. Sinema and Manchin wouldn't have it any other way, and no Rs have the guts to cross the aisle. If Sotomayor had the opportunity to retire with a 55 or 60 vote D majority, she could be assured of being replaced by a successor with a brilliant career ahead of him. If Sotomayor retires now, she's quite likely to be replaced by a third-rate non-entity. This is the Trump problem that made the original FiveThirtyEight blog unreadable since 2016: Trump didn't just accept the numbers, he changed them. That's what political leaders do: they don't accept facts on the ground, they alter them. Sabermetrics treats the ballplayers like numbers, probabilities of outcomes at the plate, but in order for every MLB player to get to the bigs, to become those numbers, that player had to believe in himself. He had to work hard, thinking he could get better, thinking he could win, even if statistically he wasn't likely to. Nobody ever made it to The Show surrendering to the numbers.
This kind of short-sighted, analytical approach to politics, slicing and dicing demographics to achieve tactical victories, is the noise before defeat. We saw the flaws in this strategy in the Clinton campaign, and to a large extent in the Biden '20 campaign where Trump vastly over-performed his underlying numbers. We're watching Biden '24 sleepwalk towards a possible November defeat, relying on demographic numbers that seem increasingly out of date. And while it's not all Nate Silver's fault, this kind of sneering bullshit is what drives people away from politics. It drives away exactly the people you need: people who irrationally believe in your political project, and will sacrifice for its success. It points away from leadership and towards management. It undermines coalitions by making it obvious they are only ever conveniences. It is bad politics.
TLDR: Nate Silver thinks 70 is a good retirement age for Sotomayor because we might not see a Democratic Senate Majority again for a while, but if we can't get a D Senate for 16 more years, what's the point anyway?
I think this analysis has a fatal flaw in it. Sotomayor is an affirmative action appointment and hence her ability is no greater than a generic democrat. If Sotomayor was essentially Michael Jordan than all the arguments for keeping her on the bench would be in play. But she’s basically Javale McGee and a replacement level justice.
It’s definitely an interesting thought experience that it can be beneficial to keep a justice on the court but I can’t agree with the actionable part of it and basically view Sotomayor as low IQ (relatively) without the talent to be great.
@ThenElection
This is why I brought up the example of Clarence Thomas, the single most obvious Affirmative Action appointment in the history of the Court, who has developed significantly over the course of his career. Conservatives are much more likely to cite Thomas' concurrences today than they were in 2002, when even Originalists joked that he was Scalia's sidekick.
I spent most of law school hearing obnoxious liberals (mostly white) talking about how dumb Thomas was; the fact is that he is probably smarter than most. Even the AA SCOTUS appointments are really smart people! ((One of the things that's so offensive about open AA is that it undermines the credentials of what are, factually, very accomplished people)) Maybe they're top 1% lawyers rather than top 50 lawyers, but they're smarter than the vast majority of the people criticizing them for being dumb. She might not be putting out top tier stuff at any given time, but she could grow into the role, like Thomas did.
I'm reminded of the Twitter discourse after the Oakland v Kentucky game this March, when a million people made jokes about Jack Gohlke being white and a future car salesman. And it just struck me as so distasteful for black twitter users who are probably fat and out of shape to mock a guy for being merely a top 3000 basketball player in the world instead of a top 200 player who belongs in the NBA.
I happen to like Sotomayor on a personal basis, in that I think it's hilarious that she'll go to Yankees games and sit in the Judge's Chambers. She's far from my least favorite justice, coming in above Kavanaugh, KBJ, and I still hate Kennedy enough to make up for the fact that he isn't actually on the court anymore.
I will give you Thomas. Though part of Thomas is he’s great at pissing off the left and it’s not only thru legal reasoning but being a player in the federalist society and his wife being intimately involved in 1/6.
More likely than not at this point though Sotomayor is who she is. I think the left could make a strong case for replacing her on her merits alone and not her age. If you have 3 SC justices I don’t think you can claim she is one of your top 3 liberal legal minds. If you are going to lose a lot of cases it still makes sense to have your best writing you le disagreements.
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