Why do both conservative and liberal Supreme Court justices so often side with arguments that happen to favor their political beliefs? Can the brightest legal minds of our time not get past their own biases?
Many conservatives believe the Constitution means just what it says, nothing more.Are Supreme Court justices any less prone to motivated cognition than the rest of us? poised to overturn Roe v. Wade in the news this week, it got me thinking about how people think about our Constitutional rights.of textualism, they think the Constitution should be interpreted according to what is in the text.
Each of these philosophies has certain limitations. Do words mean today what they meant in the 1700s? How are we to be sure what the Founders meant . Finally, if the Constitution can be changed willy-nilly, what’s the point of having a document at all?A lot of online arguments I’ve been seeing this week, since the leak of the Dobbs decision, have to do with rights in the Constitution.
When it comes to abortion, pro-choice people seem to believe in this right to privacy, while pro-life people apparently do not. But what if the privacy shoe were on the other foot?When I took Constitutional Law, case after case seemed to be the conservative justices finding convincing arguments that favored conservative outcomes, while the liberal justices always found the arguments favoring liberal outcomes to be more compelling.
The idea of motivated cognition tells us that we are not the unbiased, logical decision-makers we would often like to think. Instead, our reasoning processes are affected by ourand values. And rather than knowing that we are thinking in a biased way, it all seems perfectly natural to us— arguments that advance our own interests just seem more logical and compelling to us.
I could well imagine conservatives arguing that their guns should be private, not just because this is an"infringement" prohibited in the 2nd Amendment, but because the Constitution protects privacy , at least according to the
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