Sen. Jeff Sessions

You can view this video right here by getting the latest version of Flash Player!
DOWNLOADS: (994)
Download WMV Download Quicktime
PLAYS: (5697)
Play WMV Play Quicktime

"Empathy for one party is always prejudice against another." -- Sen. Jeff Sessions, R-Alabama

I was struck by this key sentence in Sessions' opening remarks Monday in the Sonia Sotomayor hearings, especially because he presented it as the essential logic behind their opposition to Sotomayor -- their abiding fear that when she sits on the court, she'll be ruling against every white man who crosses her path.

We know this, according to their logic, because she is Latino -- and because she emphasizes her "empathy" for other Latinos, she will be prejudiced against any non-Latinos in her courtroom.

It is, as logic goes, about as obviously faulty as syllogisms get. Normal human empathy is not exclusive -- that is, our ability to feel empathy for one party does not necessarily exclude empathy for another party (or moreover, in Sessions' formulation, necessitate an animus to any other party). Being empathetic typically means the ability to place oneself in another person's shoes regardless of background. Identifying closely with one group at the exclusion of another typically is the antithesis of empathy.

What Sessions is describing is not empathy but rather the crude tribalism that underscores and animates most racist belief systems, and has done so since time immemorial. It is, essentially, an almost astonishing confession to being racist on Sessions' part.

And it animates not just Sessions but nearly the whole of movement conservatism and the Republican Party. If you were to poll Republican senators this week and ask them if they agreed with Sessions' "logic," I'd wager the numbers would be in the vicinity of 90 percent.

Nor is it just the senators. Look at Pat Buchanan yesterday, and Rush Limbaugh every day. The same core belief -- that empathy for Latinos, or black people, or any nonwhite, equals prejudice against whites -- indeed animates nearly the entirety of the conservative movement. I'd like to find a single conservative who would repudiate Sessions' formula. I bet I won't.

Rachel Maddow provided an ample survey of how bad it is out there last night. She was especially appalled by his column calling for Republicans to indulge in nakedly racial appeals to gain the sympathy of white voters -- though of course, for Buchanan, this is nothing particularly new. Back in 1989, he was arguing to the GOP to gradually adopt David Duke's positions at the time. And you know what? They did.

Maddow says Buchanan will be on her show to explain himself tonight. That should be entertaining. She won't need to ask Buchanan if he agrees with Sessions -- I think we already know the answer.



TOPICS Third Branch
You can view this video right here by getting the latest version of Flash Player!
DOWNLOADS: (2102)
Download WMV Download Quicktime
PLAYS: (4327)
Play WMV Play Quicktime

Sen. Jeff Sessions' opening salvo against Sonia Sotomayor today was a classic right-wing exercise in obliviousness:

I feel we've reached a fork in the road, I think, and there are stark differences. I want to be clear. I will not vote for, and no senator should vote for, an individual nominated by any president who is not fully committed to fairness and impartiality toward every person who appears before them.

And I will not vote for, and no senator should vote for, an individual nominated by any president who believes it is acceptable for a judge to allow their personal background, gender, prejudices or sympathies to sway their decision in favor of or against parties before the court.

In my view such a philosophy is disqualified. Such an approach to judging means that the umpire calling the game is not neutral, but instead feels empowered to favor one team over another. Call it empathy, call it prejudice, or call it sympathy, but whatever it is, it's not law. In truth it's more akin to politics, and politics has no place in the courtroom.

... That is, of course, the logical flaw in the empathy standard. Empathy for one party is always prejudice against another.

Aside from the dubious logic behind that last assertion -- it is, in fact, a highly revealing formulation -- the proof is always in the pudding, isn't it? One can speak high-flown phrases about color-blindness, but the test is how one actually conducts themselves both in the courtroom and in private.

And on that count, Jeff Sessions is probably one of the last people to be flinging about accusations of prejudice. The irony is, well, rich.

Steve Benen has the details:

As a U.S. Attorney in Alabama, Sessions' most notable effort was prosecuting three civil rights workers, including a former aide to Martin Luther King Jr., on trumped up charges of voter fraud.

Also during his illustrious career in Alabama, Sessions called the NAACP "un-American" because it, among other groups, "forced civil rights down the throats of people." A former career Justice Department official who worked with Sessions recalled an instance when he referred to a white attorney as a "disgrace to his race" for litigating voting rights cases on behalf of African Americans. Sessions later acknowledged having made many of the controversial remarks attributed to him, but claimed to have been joking.