The Sotomayor fight is evolving along predictable lines - at least where language is concerned.
As predicted (here, too), the Republicans are moving away from "empathy" as in "Empathy: Bad" and toward "feelings" - judges shouldn't make decisions based on their "feelings." Probably a bit more effective. It's hard to be against empathy but easier to be against feelings, at least when you're playing out the (questionable) notion that judges ought to be robots executing an abstract, impersonal program called "the law." David Brooks is pretty good at undermining that idea today, at least until he comes out where he has to, in favor of restraint...
Meanwhile, Sotomayor supporters are casting about for their own counter-buzzwords. At the moment the winner seems to be "modesty," as in "judicial modesty." Neat enough - it echoes Chief Justice Roberts, suggests its own kind of restraint ("she's not an ideologue") and suggests that it's the Right that's driven by ideology. And it calls a bluff - if the Right wants restraint, here it is. Checkmate.
Which is fine, as far as it goes. I would have been happier if the Sotomayor camp had put aside buzzwords altogether and trumped the Republicans by opening up a real discussion. "Let's forget about catchphrases - aren't you too smart to be manipulated by all that? - and instead, let's talk about the record. And let's talk about how an appellate judge really makes decisions..."
That, to me, is a win. Because what that acknowledges - and the GOP won't - is that the age of the buzzword is over. There's too much information available, and too many ways of getting at it, and too many opportunities for real conversation, in real time or something like it, for an argument to succeed or fail on a turn of phrase. That's the old broadcast model at work. And we're in a post-broadcast world. Substance wins, style doesn't, and manipulation fails because - like everything else these days - it's completely transparent. You can't be an effective puppet-master when everybody can see the strings.
So don't play the GOP's word games. We're beyond framing. Roll out the big truck full of facts, and show the people what's really going on and what you really mean. That's what gets you respect, and support, and takes you where you need to go.
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