I would like to see (and participate in) a simulated confirmation hearing in which academics played the parts of the nominee and the Senators. Ideally, there would be at least two such simulations; one with a liberal jurist and conservative senators and one with a conservative jurist and liberal senators.Ideally, these would be broadcast during the actual confirmation process in order to help Americans understand the real debate and the real issues in contention. The absurdity of a nominee pretending that there really is such a thing as neutral jurisprudential philosophy and opposition senators struggling mightily to maintain the same fiction even as they seek to reveal the nominee's infidelity to same is almost too much to bear.
What can't Sotomayor explain and defend her liberal jurisprudential philosophy? Why can't conservative senators attack her arguments with conservative jurisprudential arguments? Why must each side pretend that their perspective represents neutrality and unassailable objectivity, while the other is the dreaded "activism?" The answer is really quite simple. All of the players in the real life drama of these hearings have to avoid short term political damage to their points of view. Sotomayor can't give Republicans ammunition with which to turn public opinion against her or her President and the Republicans can't pass up an opportunity to score public opinion points for their views. Asking the real players to ignore potential public relations disasters would be akin to asking for unilateral disarmament.
So, why not produce a parallel confirmation process in which liberalism and conservatism can contest for adherence on their philosophical merits? Too boring? I don't think so. We don't have to constrain the actors. We, in fact, would be freeing them up by removing short term political costs and benefits. I can assure you that professors can be as obnoxious and entertaining as politicians. In the setting imagined here, they would surely be MUCH MORE obnoxious and entertaining.
So who's with me? We need willing academics, video production folks and equipment, as well as a venue. Let me know will ya? Email me at jeroldduquette@comcast.net