October 6, 2018

"Our Supreme Court confirmation process has been in steady decline for more than thirty years. One can only hope that the Kavanaugh nomination is where the process has finally hit rock bottom."

From the Susan Collins speech in the Senate yesterday.

I read that and thought, no, this is not rock bottom. There's more ahead, lower places to sink. Why wouldn't there be? Maybe the 2018 elections will punish the Democratic Party for what it did with the Kavanaugh nomination, and everyone will realize they'd better never do anything like that again. But to say that is to say, there is a lower depth, and they've got to get there before they'll see they've got to enter recovery.

Notice the connection between "rock bottom" and "hope": "One can only hope... the process has finally hit rock bottom." "Rock bottom" means more than just: at least we can't sink any lower. It means a confrontation with reality that shocks you into changing your ways.

On this notion of "hitting rock bottom" — no, don't go to Urban Dictionary! — I found an article (in NY Magazine) by Jesse Singal, "The Tragic, Pseudoscientific Practice of Forcing Addicts to 'Hit Rock Bottom'":
One of the many impressive things about Maia Szalavitz’s new book Unbroken Brain: A Revolutionary New Way of Understanding Addiction, is how effectively she debunks various myths about addiction and how to treat it. In fact, the book’s main argument is that many people are misreading what addiction is altogether: It should be seen not as a disease or a moral or personality shortcoming, but rather a learning disorder. “Addiction doesn’t just happen to people because they come across a particular chemical and begin taking it regularly,” she writes early on. Rather, “[i]t is learned and has a history rooted in their individual, social, and cultural developments.”

Or, as Szalavitz put it to the Daily Beast: “If you don’t learn that a drug helps you cope or make you feel good, you wouldn’t know what to crave. People fall in love with a substance or an activity, like gambling. Falling in love doesn’t harm your brain, but it does produce a unique type of learning that causes craving, alters choices and is really hard to forget.”...

As Szalavitz explains, the idea comes from “one of [Alcoholics Anonymous’s] foundational texts, 12 Steps and 12 Traditions.” She pulls this excerpt:
Why all this insistence that every A.A. must hit bottom first? The answer is that few people will sincerely try to practice the A.A. program unless they have hit bottom. For practicing A.A.’s, the remaining eleven Steps means the adoption of attitudes and actions that almost no alcoholic who is still drinking can dream of taking. Who wishes to be rigorously honest and tolerant? Who wants to confess his faults to another and make restitution for harm done? Who cares anything for a Higher Power, let alone meditation and prayer? Who wants to sacrifice time and energy in trying to carry A.A.’s message to the next sufferer? No, the average alcoholic, self centered in the extreme, doesn’t care for this prospect—unless he has to do these things in order to stay alive himself.

Under the lash of alcoholism, we are driven to A.A. and there we discover the fatal nature of our situation.
Since the first of the 12 steps an A.A. member must work through is to admit to “admit their powerlessness” over their addiction, it makes sense that the program would embrace a device like “rock bottom.” It’s only when your alcoholism (or other addiction) has gotten so bad you’ve been kicked out of your house by your spouse, have alienated all your friends, and are down to the last $50 in your checking account, that you’ll finally be able to realize just how far you’ve fallen — or something. Fully buying into the program requires desperation, in other words, and to “help” addicts get to that desperate point is to help them recover: “From this perspective,” writes Szalavitz, “the more punitively addicts are treated, the more likely they will be to recover; the lower they are made to fall, the more likely they will be to wake up and quit.”

Szalavitz explains that this is a totally pseudoscientific concept.... For decades, Szalavitz writes, programs like Phoenix House and Daytop used “sleep deprivation, food deprivation, isolation, attack therapy, sexual humiliation like dressing people in drag or in diapers, and other abusive tactics in an attempt to get addicts to realize they’d ‘hit bottom’ and must surrender.”...

[W]hen it comes to “hitting bottom” and so many of the other pseudoscientific approaches to fighting addiction, the actual goal — or part of it, at least — has always been to marginalize the addict, to set them apart and humiliate them. There’s a deep impulse to draw a clear, bold line between us, the healthy people, and them, the addicts. What clearer way to emphasize that divide than to cast them down into a rock-bottom pit, away from the rest of us?
American politics is shot through with us/them rhetoric and emotion right now. I don't know the way out, other than to resist it myself, as I continue my daily scribblings here. I like hope as much as the next person, but I don't think hitting rock bottom is the beginning of a path of recovery, and if I did, I'd need to believe that the Senate can't go any lower, and I don't think the musings of Susan Collins are going to turn anyone back.

It was a great speech, but why did we hear this from her so late in the process she purports to decry? Why is she only willing or capable of saying these things when she's looking back on the wreckage?

228 comments:

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rcocean said...

Of course, the Republicans always act like a bunch of scared clowns. Why did they allowing protesters to stalk them in the Senate Halls and occupy their offices?

Michael K said...


Blogger Night Owl said...
Robert Cook is the least partisan hack commenter we have.


Absolutely. He hates everybody.

Gahrie said...

Its the Left. That's why all this talk about how "We" are doing this, and "We" are doing that is BS. Its not "Us" its the Left.

One of my biggest beefs with Althouse is her whole "cruel neutrality" pretense, and the idea that everyone is responsible for the condition our society and politics are in. As you said, everyone isn't responsible. The Left is. Where are:

The Democratic Robert Bork? Miguel Estrada? Janice Brown? Clarence Thomas? Brett Kavanagh?

The Republican Dred Scott? Roe?

The Rightwing mobs roaming through cities burning, looting and destroying as they go?

Where are the Rightwingers slinging bicycle locks and preventing Leftists from speaking?

Where are the Rightwingers hounding Leftists out of public life? Where are Leftists losing their jobs because of their beliefs?

The violence and incivility are all traveling in one direction up to this point. Every time the MSM or people like Althouse fail to point this out, our nation is harmed. No, not everyone does it, and you really don't want us to start.

Gahrie said...

My complaint is that he's often not nuanced enough. I'm pretty cynical myself, but I can discern degrees of ugliness, and what the Dems did to Kavanaugh is several degrees uglier than what happened to Merrick Garland.

What happened to Garland was neither unique nor unusual. It can be in no way characterized as ugly. It was actually the norm. As of July of 2007 (When I did the research) of 43 failed Supreme Court nominations, 11 failed because the senate failed to act on them. So what happened to Garland happens 25% of the time when nominations fail.

Gahrie said...

A quick glance shows that since July 2007 there has been only 1 failed nomination to the Supreme Court, (Garland) so now the numbers stand at 44 failed nominations, 12 of which the Senate simply never acted on.

Gahrie said...

The other way is to pass a constitutional amendment granting each President two picks, and term-limiting justices to 18 years. Make sure the Senate has to vote in a reasonable amount of time!

At that point I'd prefer to drop the pretense and simply elect them.

steve uhr said...

Her argument that Kavanaugh would not vote to overrule Roe because of his views on stare decisis is unconvincing. All judges believe in the importance of precedent and all judges believe that is some situations cases should be overruled. If a judge believes abortion is murder I can't imagine him or her ruling that such murders should be allowed to occur in vast numbers for all time because of the importance of precedent.

Gahrie said...

No, there isn't, not with the two wretched, disreputable parties who constitute our present political system.

Better to have only one party, right comrade?

Original Mike said...

”If a judge believes abortion is murder I can't imagine him or her ruling that such murders should be allowed to occur in vast numbers for all time because of the importance of precedent.”

You have a poor imagination. I don’t see how abortion isn’t murder, but I wouldn’t outlaw it.

Mark said...

this is not rock bottom. There's more ahead, lower places to sink.

If so, it is only because of the Flakes and Murkowskis of the Senate who encourage and enable such tactics.

Mark said...

Just like the fruit of Dred Scott was the Civil War, so the fruit of Roe is the present-day radical strife.

Mark said...

Assassinations are next. Not just of public figures, but private ones as well.

Pro-abortion man roundhouse kicks a pro-life woman. In the comment section of news stories about the incident, pro-abortion supporters overwhelmingly are unable to condemn such violence and even say that it is understandable and deserved.

Drago said...

PPPT: "The conservatives can get us to sink much lower!"

PPPT wisely abandons previously untenable and moronic talking point narrative but inadvertantly lurches to even less defensible and moronuc lefty narrative.

So which is it?
1) The economy is doing fantastic and its all due to obama, or...
2) Trump has destroyed everything and the numbers are all a lie?

LOL

My favorite lefties are those that argue both simultaneously!

So so much hilarity!

Gahrie said...

Her argument that Kavanaugh would not vote to overrule Roe because of his views on stare decisis is unconvincing. All judges believe in the importance of precedent and all judges believe that is some situations cases should be overruled. If a judge believes abortion is murder I can't imagine him or her ruling that such murders should be allowed to occur in vast numbers for all time because of the importance of precedent.


Is it your position that no precedent should be overruled? Brown is illegitimate?

If not, then we are merely debating whether Roe should be overruled or not. It should be. The decision is ridiculous. It is specious reasoning and bad law. If you are pro-abortion you should still seek to get rid of this embarrassment and replace it with something plausible. That's why people like Althouse try to deflect to other cases.

Drago said...

Mark: "Just like the fruit of Dred Scott was the Civil War, so the fruit of Roe is the present-day radical strife."

Nope.

Roe v Wade is just 1 manifestation of a much much larger historical battle that began 230 years ago with the French Revolution and picked up steam over the years with partucular inflection points with Rosseau, Marx, the Frankfort school, etc.

The lefty sociopaths have always been with us and their ascendance to power always leads to lefty utopias filled with mass graves, deprivation and death.

But enough about their more positive traits, lets talk about the "bad" stuff....

LOL

Mark said...

If the left is looking for someone to blame for an up vote on BK, they should look in the mirror.

If the Dems had played the Ford allegations on the level, rather than going hyper-nutso-partisan, they quite likely would have sunk the nomination. But they couldn't help themselves. Just like with Trump and the Access Hollywood silliness. The left being the left is what led to their defeat.

Mark said...

One of my biggest beefs with Althouse is her whole "cruel neutrality" pretense

After a while you see passive-aggressiveness for what it is.

Drago said...

I have also personally enjoyed listening the dems/lefties return to their roots in openly calling for secession which pairs nicely with their strong policy preferences which would turn all into slaves for the state.

Some things are evergreen!

Mark said...

Scalia, J., dissenting in part, Planned Parenthood v. Casey --

The Court's description of the place of Roe in the social history of the United States is unrecognizable. Not only did Roe not, as the Court suggests, resolve the deeply divisive issue of abortion; it did more than anything else to nourish it, by elevating it to the national level, where it is infinitely more difficult to resolve. National politics were not plagued by abortion protests, national abortion lobbying, or abortion marches on Congress before Roe v. Wade was decided. Profound disagreement existed among our citizens over the issue - as it does over other issues, such as the death penalty - but that disagreement was being worked out at the state level. As with many other issues, the division of sentiment within each State was not as closely balanced as it was among the population of the Nation as a whole, meaning not only that more people would be satisfied with the results of state-by-state resolution, but also that those results would be more stable. Pre-Roe, moreover, political compromise was possible.

Roe's mandate for abortion on demand destroyed the compromises of the past, rendered compromise impossible for the future, and required the entire issue to be resolved uniformly, at the national level. . . . Roe fanned into life an issue that has inflamed our national politics in general, and has obscured with its smoke the selection of Justices to this Court, [505 U.S. 833, 996] in particular, ever since. And by keeping us in the abortion-umpiring business, it is the perpetuation of that disruption, rather than of any Pax Roeana that the Court's new majority decrees.

Mark said...

Scalia, J., dissenting in part, Planned Parenthood v. Casey --

In truth, I am as distressed as the Court is - and expressed my distress several years ago, see Webster, 492 U.S., at 535 - about the "political pressure" directed to the Court: the marches, the mail, the protests aimed at inducing us to change our opinions. How upsetting it is, that so many of our citizens (good people, not lawless ones, on both sides of this abortion issue, and on various sides of other issues as well) think that we Justices should properly take into account [505 U.S. 833, 1000] their views, as though we were engaged not in ascertaining an objective law, but in determining some kind of social consensus. The Court would profit, I think, from giving less attention to the fact of this distressing phenomenon, and more attention to the cause of it. . . .
What makes all this relevant to the bothersome application of "political pressure" against the Court are the twin facts that the American people love democracy and the American people are not fools. As long as this Court thought (and the people thought) that we Justices were doing essentially lawyers' work up here - reading text and discerning our society's traditional understanding of that text - the public pretty much left us alone. Texts and traditions are facts to study, not convictions to demonstrate about. But if in reality, our process of constitutional adjudication consists primarily of making value judgments; if we can ignore a long and clear tradition clarifying an ambiguous text, as we did, for example, five days ago in declaring unconstitutional invocations and benedictions at public high school graduation ceremonies, Lee v. Weisman, 505 U.S. 577 (1992); if, as I say, our pronouncement of constitutional law rests primarily on value [505 U.S. 833, 1001] judgments, then a free and intelligent people's attitude towards us can be expected to be (ought to be) quite different. The people know that their value judgments are quite as good as those taught in any law school - maybe better. If, indeed, the "liberties" protected by the Constitution are, as the Court says, undefined and unbounded, then the people should demonstrate, to protest that we do not implement their values instead of ours. Not only that, but the confirmation hearings for new Justices should deteriorate into question-and-answer sessions in which Senators go through a list of their constituents' most favored and most disfavored alleged constitutional rights, and seek the nominee's commitment to support or oppose them. Value judgments, after all, should be voted on, not dictated; and if our Constitution has somehow accidentally committed them to the Supreme Court, at least we can have a sort of plebiscite each time a new nominee to that body is put forward. JUSTICE BLACKMUN not only regards this prospect with equanimity, he solicits it. Ante, at 943.

mockturtle said...

After a while you see passive-aggressiveness for what it is.

;-D

Mark said...

Scalia, concluding --

It is no more realistic for us in this case than it was for him in that to think that an issue of the sort they both involved - an issue involving life and death, freedom and subjugation - can be "speedily and finally settled" by the Supreme Court, as President James Buchanan, in his inaugural address, said the issue of slavery in the territories would be. See Inaugural Addresses of the Presidents of the United States, S.Doc. No. 101-10, p. 126 (1989). Quite to the contrary, by foreclosing all democratic outlet for the deep passions this issue arouses, by banishing the issue from the political forum that gives all participants, even the losers, the satisfaction of a fair hearing and an honest fight, by continuing the imposition of a rigid national rule instead of allowing for regional differences, the Court merely prolongs and intensifies the anguish.

We should get out of this area, where we have no right to be, and where we do neither ourselves nor the country any good by remaining.


I hope that BK reminds himself of these prescient observations of Justice Scalia. More than once dissents have later led to overruling bad precedent.

Night Owl said...

Oh, please. You sound like a prog. The only way to abuse the First Amendment is to restrict it.

That's kinda my point. If the majority of the media are controlled by one party then the voice of the opposition is restricted.

Conservatives have failed spectacularly to build a media voice. That’s on them.

Not completely. They have Fox news, talk radio, and the internet. But as virgil xenophone @9:04 above pointed out, internet content is under the control of left-leaning companies like google, twitter and apple. So it will continue to be an uphill battle for conservative/independent voices. Where conservatives still really fail is in the entertainment media industry.

Marc in Eugene said...

I'm content to be happy today that Judge Kavanaugh looks to be confirmed by the Senate.

But will, e.g., Judge Barrett, having witnessed what the Left has done to Judge Kavanaugh and his family, accept a nomination to the Supreme Court? I suppose there are security considerations even for an Appeals Court judge but, good heavens, there are presumably other James Hodgkinsons out there.

Night Owl said...

What happened to Garland was neither unique nor unusual. It can be in no way characterized as ugly. It was actually the norm. As of July of 2007 (When I did the research) of 43 failed Supreme Court nominations, 11 failed because the senate failed to act on them. So what happened to Garland happens 25% of the time when nominations fail.

Well "ugly" is subjective. I, personally, believe that it was just typical partisan politics and was not offended by it -- especially in light of the "Biden Rule"-- but I was allowing that others might have found it offensive.

Bleach Drinkers Curing Coronavirus Together said...

So which is it?
1) The economy is doing fantastic and its all due to obama, or...
2) Trump has destroyed everything and the numbers are all a lie?

LOL


When you say "LOL" you out yourself as someone just asking rhetorical questions along the lines of the "When did you stop beating your wife" line, instead of someone with a real interest in knowing the truth.

Trump's tax cut was a giveaway to the hedge fund managers. Everyone else's reverts after it sunsets and that debt is still indebting the country to China. The GDP does not measure whether income mobility is increasing or average wages or working conditions actually improving. Do you know how averages work? When Bill Gates walks into a bar the average net worth of the people there reaches about a billion. Doesn't improve their lot. You either think the country is not doing enough for billionaires or you think it should pay more attention to bread and butter issues and you don't need to pretend that a trust-fund baby like Trump is some working-class hero in an ill-fitting suit who's going to lie the country into believing that these issues aren't at the heart of everything that's got the country this fucked up.

Mark said...

But will, e.g., Judge Barrett, having witnessed what the Left has done to Judge Kavanaugh and his family, accept a nomination to the Supreme Court?

Janice Rogers Brown refused. But I suspect that because the left/Dems went so over the top, were so extreme, that it will not be effective next time. The next nominee, expecting it to happen, will simply ignore whatever is charged and the Republicans will likewise ignore it, refusing to play what is now an obvious game.

After a while, injustice and oppression tend to stop intimidating and instead strength and motivate the oppressed.

Robert Cook said...

"I have also personally enjoyed listening the dems/lefties return to their roots in openly calling for secession which pairs nicely with their strong policy preferences which would turn all into slaves for the state."

Hahahaha!

You're suggesting the antebellum slave-owning plantation owners were "leftists?"

aHahahahahaha! Next, you'll be joining the morons claiming the Nazis were socialists!

(But, I know you, and possibly many who make those stupid claims, don't actually believe such things, but simply make such taunts to upset lefties.)

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