Smart people often say stupid things. #MistakesHappen. But it takes a certain special orientation to repeat obviously false and ridiculous statements over and over. That’s a talent peculiar to politicians.
This talent is frequently on display during Supreme Court confirmation fights. Since the 1970s, every nominee from a Republican president has been attacked, among other things, as hostile to women’s rights and civil rights.
That includes Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, Anthony Kennedy and David Souter — justices who often have been as zealous as any in finding, creating and expanding rights for women and minorities. Constantly being wrong, however, doesn’t prevent the same trope being trotted out as soon as the next nominee is announced.
A newer attack line for liberal critics is that a judicial nominee favors big interests, employers, people with money — anyone in conflict with the little guy….
Despite the cartoon-version descriptions of a judge who “has sided” with the wrong people, the judge’s job isn’t to choose David vs. Goliath, to stand up for the little guy, to smack down the big guy.