by George Lakoff
The Sotomayor nomination has given radical conservatives new life. They have launched an attack that is nominally aimed at Judge Sotomayor. But it is really a coordinated stealth attack — on President Obama’s central vision, on progressive thought itself, and on Republicans who might stray from the conservative hard line.
There are several fronts: Empathy, feelings, racism, activist judges. Each one has a hidden dimension. And if progressives think conservative attacks are just about Sotomayor, they may wind up helping conservatives regroup.
Conservatives believe that Sotomayor will be confirmed, and so their attacks may seem irrational to Democrats, a last gasp, a grasping at straws, a sign that the party is breaking up.
Actually, something sneakier and possibly dangerous is going on.
Let’s start with the attack on empathy. Why empathy? Isn’t empathy a good thing?
Empathy is at the heart of progressive thought. It is the capacity to put oneself in the shoes of others — not just individuals, but whole categories of people: one’s countrymen, those in other countries, other living beings, especially those who are in some way oppressed, threatened, or harmed. Empathy is the capacity to care, to feel what others feel, to understand what others are facing and what their lives are like. Empathy extends well beyond feeling to understanding, and it extends beyond individuals to groups, communities, peoples, even species. Empathy is at the heart of real rationality, because it goes to the heart of our values, which are the basis of our sense of justice.
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Empathy in this sense is a threat to conservatism, which features individual, not social, responsibility and a strict, punitive form of “justice.” It is no surprise that empathy would be a major conservative target in the Sotomayor evaluation.
But the target is not empathy as it really exists. Instead, the conservatives are reframing empathy to make it attackable. Their “empathy” is idiosyncratic, personal feeling for an individual, presumably the defendant in a legal case. With “empathy” reframed in this way, Charles Krauthammer can say, echoing Karl Rove, “Justice is not about empathy.” The argument goes like this: Empathy is a matter personal feelings. Personal feelings should not be the basis of a judicial decision of the Supreme Court. Therefore, “justice is not about empathy.” Reframe the word “empathy” and it not only disqualifies Sotomayor; it delegitimizes Obama’s central moral principle, his approach to government, his understanding of the nature of our democracy, and progressive politics in general.
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