Big Fish from Small Ponds
I wrote some of these thoughts earlier as comments in various other posts here at TPM and elsewhere in the past and I'd like to expand on them a bit.
As we all know Judge Roberts blew the oath of office on Tuesday. It looked like he froze on such a momentous occasion, maybe he was taken aback by the size of the crowd. The Chief Justice's job doesn't require him to be on such a large stage very often. And thankfully in the end the flub was no big deal.
But I think this points to a valuable lesson about diversity. George Bush selected Roberts from a limited pool of judicial talent. He only considered like minded strict conservatives for the highest post on the highest court we have. Most if not all of the candidates Bush chose from for the job rose through the ranks of the Federalist Society. These guys have been groomed for high courts from the time they leave law school. They've proved themselves time and time again through rulings from the bench and in their written opinions over the years. When given the chance to nominate SC justices Republicans are no longer willing to risk taking a flyer on a O'Conner or a Kennedy who proved too independent and were such big disappointments to them.
Roberts was the best they had to offer but coming from such a small pool of talent doesn't necessarily mean he was the best Bush could have done, even from their side of the aisle. Roberts was a very big fish from a very small pond. And as such he apparently suffers from the delusion that he's not only the best of the best, but like the man who put him on the court he thinks he's better than he really is. The egotistical exercise of trying to recite the oath from memory without back up notes speaks loud and clear to that delusion.
We have a very big pond here in the US. We don't have to select Supreme Court justices or anyone else only from Ivy league schools or closed incestuous professional societies where they are stunted by adhering to a particular set of beliefs considered sacrosanct and beyond challenge or even open minded debate. We'd certainly be much better off with people in the highest offices in the land who have learned a little humility through out their lives instead of only those who see their rise to the top foreordained by a series of positions taken, rulings uttered, all predictably checked off the list that keeps them rising to the top of the pyramid. .
In a different field my dad was an example of why diversity works. He was an all state high school halfback in the fall of 1941 on the undefeated Rock Island High School football team. He earned a football scholarship to the University of Illinois, the first in his family to go to college. WW11 intervened and he spent 3 years as a flight engineer on a B-24 flying around the South Pacific hunting for Japanese submarines. When he came back he joined a class of about 180 other scholarship players on the bulging squad, most returning war veterans like himself. Typically there was less than a third that number of incoming freshman football players in any given year but obviously 1946 wasn't a typical year. My dad was an excellent athelete. Tall, strong and fast for the time he had a knack for the game, he was the archetype of a college football player in 1946. But at his position was a guy a couple years younger by the name of Buddy Young, a little black kid from Phillips High School in Chicago. While short and stocky - listed anywhere from 5'3" to 5'7" - Buddy Young was nothing short of sensational. He set national track records at Illinois. He was built low to the ground and was as shifty as he was fast, sort of the Barry Sanders of his time. Opposing teams couldn't see him behind the big linemen when the play started and if he didn't make them miss he'd stick his helmut in their gut and bowl them over. When he got by them he was gone. Nobody could catch him.
My dad was never going to crack the starting lineup with Young in front of him.
He tried to transfer to Northwestern but the Big Ten had an agreement not to raid each other's scholarship players. NW's coach reluctantly turned him down. He was stuck.
So my dad accepted his fate. He went on to get his master's degree in education. It's not like the NFL back then was a road to riches like it can be today anyway. Well into the 1960s most professional football players had to hold off season jobs to make ends meet. A whole lot of them wound up (and still do today) suffering from crippling injuries the rest of their lives. My dad went on to teach and coach for awhile but as our family grew he moved on to the more lucrative field of selling trucks and he spent most of his adult life earning a very good living. He excelled at it. More than once he earned Ford Motor Company awards for truck salesman of the year complete with rings, plaques and trips to Vegas. His knees were still good enough to play tennis twice a week into his 80s. Buddy Young went on to be a football star in the NFL and was one of the first union organizers of the sport. It worked out for the best for everybody. Illinois put the best football team they had on the field, my dad got the education he wanted and Young went on to not only earn the stardom professionally he so richly deserved as a player but helped make the business side of the NFL fairer to it's employees after his playing days were over.
Here's probably the most extreme example of the downside of lack of diversity. In the early 1940s the USA and Nazi Gerrmany were competing to build the first atom bomb. Hitler had driven Jews from his country in the 1930s before he got around to gassing those who remained. With his racism he not only gutted his own pool of nuclear physicists but he drove many of the refugees who happened to be Jewish into the willing arms of the USA with a determination to win that race at all costs. His "pure aryan" scientists were no competition for the much wider talent pool from which the allies had to draw many of whom trained in Germnay's own universities.
Another example: Babe Ruth is considered the best baseball player of all time. He was the MIchael Jordan of the game. He won two World Series games as a pitcher for the 1918 Red Sox. He hit 54 homeruns to set a new record one year surpassing Homerun Baker's previous record of 21 in a season. But Ruth never faced some of the best baseball players of his generation because of racism. We'll never know just how good he was because instead facing a Satchel Paige in his prime he faced a pitcher of lesser skill because Paige wasn't allowed to play major league baseball for most of his career. Conversely would Ruth have been driven to even bigger heights if some of the best homerun hitters of the time were allowed to compete against him? Would there have been a Mantle/Maris McGwire/Sosa season long homerun contest between Ruth and a black player in the 1930s? Like I said we'll never know.
And we'll never know if Roberts is the best justice Republicans have because unless their candidates for the court have to fit a very specific profile they'll never rise to the top. Roberts may be the best the Federalist Society had to offer but that's like saying Paul Wolfowitz is the smartest foreign policy expert the neocons produced. That's not saying much.
As we all know Judge Roberts blew the oath of office on Tuesday. It looked like he froze on such a momentous occasion, maybe he was taken aback by the size of the crowd. The Chief Justice's job doesn't require him to be on such a large stage very often. And thankfully in the end the flub was no big deal.
But I think this points to a valuable lesson about diversity. George Bush selected Roberts from a limited pool of judicial talent. He only considered like minded strict conservatives for the highest post on the highest court we have. Most if not all of the candidates Bush chose from for the job rose through the ranks of the Federalist Society. These guys have been groomed for high courts from the time they leave law school. They've proved themselves time and time again through rulings from the bench and in their written opinions over the years. When given the chance to nominate SC justices Republicans are no longer willing to risk taking a flyer on a O'Conner or a Kennedy who proved too independent and were such big disappointments to them.
Roberts was the best they had to offer but coming from such a small pool of talent doesn't necessarily mean he was the best Bush could have done, even from their side of the aisle. Roberts was a very big fish from a very small pond. And as such he apparently suffers from the delusion that he's not only the best of the best, but like the man who put him on the court he thinks he's better than he really is. The egotistical exercise of trying to recite the oath from memory without back up notes speaks loud and clear to that delusion.
We have a very big pond here in the US. We don't have to select Supreme Court justices or anyone else only from Ivy league schools or closed incestuous professional societies where they are stunted by adhering to a particular set of beliefs considered sacrosanct and beyond challenge or even open minded debate. We'd certainly be much better off with people in the highest offices in the land who have learned a little humility through out their lives instead of only those who see their rise to the top foreordained by a series of positions taken, rulings uttered, all predictably checked off the list that keeps them rising to the top of the pyramid. .
In a different field my dad was an example of why diversity works. He was an all state high school halfback in the fall of 1941 on the undefeated Rock Island High School football team. He earned a football scholarship to the University of Illinois, the first in his family to go to college. WW11 intervened and he spent 3 years as a flight engineer on a B-24 flying around the South Pacific hunting for Japanese submarines. When he came back he joined a class of about 180 other scholarship players on the bulging squad, most returning war veterans like himself. Typically there was less than a third that number of incoming freshman football players in any given year but obviously 1946 wasn't a typical year. My dad was an excellent athelete. Tall, strong and fast for the time he had a knack for the game, he was the archetype of a college football player in 1946. But at his position was a guy a couple years younger by the name of Buddy Young, a little black kid from Phillips High School in Chicago. While short and stocky - listed anywhere from 5'3" to 5'7" - Buddy Young was nothing short of sensational. He set national track records at Illinois. He was built low to the ground and was as shifty as he was fast, sort of the Barry Sanders of his time. Opposing teams couldn't see him behind the big linemen when the play started and if he didn't make them miss he'd stick his helmut in their gut and bowl them over. When he got by them he was gone. Nobody could catch him.
My dad was never going to crack the starting lineup with Young in front of him.
He tried to transfer to Northwestern but the Big Ten had an agreement not to raid each other's scholarship players. NW's coach reluctantly turned him down. He was stuck.
So my dad accepted his fate. He went on to get his master's degree in education. It's not like the NFL back then was a road to riches like it can be today anyway. Well into the 1960s most professional football players had to hold off season jobs to make ends meet. A whole lot of them wound up (and still do today) suffering from crippling injuries the rest of their lives. My dad went on to teach and coach for awhile but as our family grew he moved on to the more lucrative field of selling trucks and he spent most of his adult life earning a very good living. He excelled at it. More than once he earned Ford Motor Company awards for truck salesman of the year complete with rings, plaques and trips to Vegas. His knees were still good enough to play tennis twice a week into his 80s. Buddy Young went on to be a football star in the NFL and was one of the first union organizers of the sport. It worked out for the best for everybody. Illinois put the best football team they had on the field, my dad got the education he wanted and Young went on to not only earn the stardom professionally he so richly deserved as a player but helped make the business side of the NFL fairer to it's employees after his playing days were over.
Here's probably the most extreme example of the downside of lack of diversity. In the early 1940s the USA and Nazi Gerrmany were competing to build the first atom bomb. Hitler had driven Jews from his country in the 1930s before he got around to gassing those who remained. With his racism he not only gutted his own pool of nuclear physicists but he drove many of the refugees who happened to be Jewish into the willing arms of the USA with a determination to win that race at all costs. His "pure aryan" scientists were no competition for the much wider talent pool from which the allies had to draw many of whom trained in Germnay's own universities.
Another example: Babe Ruth is considered the best baseball player of all time. He was the MIchael Jordan of the game. He won two World Series games as a pitcher for the 1918 Red Sox. He hit 54 homeruns to set a new record one year surpassing Homerun Baker's previous record of 21 in a season. But Ruth never faced some of the best baseball players of his generation because of racism. We'll never know just how good he was because instead facing a Satchel Paige in his prime he faced a pitcher of lesser skill because Paige wasn't allowed to play major league baseball for most of his career. Conversely would Ruth have been driven to even bigger heights if some of the best homerun hitters of the time were allowed to compete against him? Would there have been a Mantle/Maris McGwire/Sosa season long homerun contest between Ruth and a black player in the 1930s? Like I said we'll never know.
And we'll never know if Roberts is the best justice Republicans have because unless their candidates for the court have to fit a very specific profile they'll never rise to the top. Roberts may be the best the Federalist Society had to offer but that's like saying Paul Wolfowitz is the smartest foreign policy expert the neocons produced. That's not saying much.
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I lived in a fairy land where great minds would, more often than not, come to similar conclusions about certain issues. So all these Justices appointed by Ike, or Nixon or Ford would eventually find themselves on the light side of the force.
Now, you are closer to the truth than I was.
The new right wingnuts are right wingnuts. Period.
No change. You look at Earl Warren or Justice Powell. Transformations by republicans. Life long republicans.
Really gives you something to think about.
My fairy land is just that.
January 22, 2009 6:58 PM | Reply | Permalink
Your general points are very well taken. It's one of the arguments that the smartest businesses need not be encouraged to have quotas on hiring -- since the best businesses will look for talent in the largest pool possible. (I use this philosophy in my own business.) You can see that much of Obama's ranking appointments came from the same Clinton-group. This, too, is problematic. Hillary Clinton hardly had a "glass ceiling" as she liked to tout. She was long ago part of the "group".
It's this way in most power structures in the country. It's also the reason why Biden is angling to make sure his son gets his Senate seat and the leading contenders for the NY Senate seat had names like Kennedy and Cuomo and in Illinois Jackson, Jr.
That said, I don't see the connection to flubbing something to looking at a small conservative pool.
January 23, 2009 12:52 AM | Reply | Permalink
I don't look at those former Clinton appointees as "Clintonistas", or whatever you want to call them, so much as I look at them as Democrats.
The fact is we have had one Democratic administration is the last 28 years. Where else were these people supposed to prove their worth as administrative branch functionaries? At some think tank that didn't exist until a few years ago? In the Bush Administration?
The main point I'm making in this post is Roberts thinks he's better than he is. He's lived an adult life of privilege on the fast track to be appointed to the Supreme Court by dint of his rigid beliefs, not his abilities, legal or otherwise.
Both Andy Coumo and Beau Biden have won elections on their own and have served capably as public servants. It's up to the people of their states to decide whether or not they should go higher now. Having said that I'm not so sanguine about Lisa Madigan running for governor in IL while her dad controls not only the state house with an iron fist but the IL Democratic party too. That guy doesn't want to allow our campaigns in DuPage to use the state VAN for our elections and if Durbin didn't intervene on our behalf last summer our congressional candidates never would have gotten it.
January 23, 2009 12:06 PM | Reply | Permalink
Roberts is likely one of the most maladjusted uptight men ever to serve on the Supreme Court. Did you see those pictures of him and his family when he was nominated? Totally and completely repressed human being.
The difference between the past and the way Republicans do their judicial nominations now is that they not only go to the Federalist Society but they don't even consider anyone who hasn't proven that they are a right wing die-hard with a mind so closed a nuclear bomb couldn't open it. They do not serve in order to weigh the merits. They only serve to put each and every case into their ideological framework as we have seen from the bufoonish opnions of Scalia, Thomas, etc...
In the past, both parties looked for good, dependable legal minds. Now the Democrats continue to do that but for Republicans it is pure hackery and they treat the judiciary as a spoils system when they are in control of the executive.
The moral blindspot apparently required now to be a member of the Republican Party makes them believe that the Democratic appointees are appointed on the same basis. No evidence to the contrary matters and no facts matter. They are unable to see the difference: literally unable in the same way a color blind person cannot discern between colors as a normally sighted person can. They are deficient and cannot detect any difference at all.
When you think about that for a minute it really informs you about a great deal of the questionable, unethical, illegal and flat our criminal activity that happens when today's Republicans are in charge. And it should be a glaring warning sign to the nation never to allow them back into the exective branch.
January 23, 2009 2:00 AM | Reply | Permalink
If you'll just watch the replay closely, you'll notice the Chief Justice's breath was caught when he got a strong whiff of that crowd and gagged.
Even in the cold, which helps to suppress such stench, experts assert it was the stinkingest group of BO reekers ever assembled. There exists general agreement that if the ceremony had occurred in July, the noxious fumes could have been deadly in some areas, as the crowd was large.
Almost 80% as many people showed up at the Obama affair as attended the first Reagan inauguration. But a overwhelmingly large proportion of the Obama crowd hadn't been exposed to soap and water for years!!!
January 23, 2009 8:49 AM | Reply | Permalink
Jesus Christ man, are you drunk already this early in the morning?
January 23, 2009 11:45 AM | Reply | Permalink
I know. I do not respond to him anymore Mark. Its a waste of time.
January 23, 2009 11:52 AM | Reply | Permalink