When do we get to bypass studying the factual details and legal standards and all the links in a chain of reasoning? When is it okay to just look at the whole thing and rely on instinct and just know that something is right or wrong?
The answer can't be: When it helps my side win.
People who liked Raskin's appeal to "common sense" — as opposed to "lawyers theories" — need to realize it's also the way Trump argued that he won the 2020 election. You just look at what you can see and feel what you feel.
And that's how Trump has been talking to his people all along. In your heart, you know he's right... or, in your guts you know he's nuts.
Bias has become the preferred form of reasoning. Better not get bogged down in lawyers theories. The other side is off and running.
Here's an article in by Sophia Rosenfeld in The Nation from 2017, "The Only Thing More Dangerous Than Trump’s Appeal to Common Sense Is His Dismissal of It":
Trump began his quixotic campaign for president as the embodiment of a familiar kind of right-wing, common-sense populism. Instead of deference to well-trained scientists, academics, journalists, and even governmental authorities, he touted the true wisdom of “the people.” In place of fancy studies built on research, data, and modeling, he promised plain-spoken, off-the-cuff reports on the state of our world and obvious, practical solutions to our problems.
That is, Trump suggested politics was actually quite simple if only one would rely on the kind of basic reasoning which emerges from just going about normal, everyday business using one’s senses and instincts and which—surprise, surprise—tends to run counter to “establishment” conclusions....




