By PLS
Judge Alito knows the law inside out. His opinions demonstrate amazing legal prowess. He is, then, a superb technician and as such, his supporters say, he more than fulfills the minimum requirements for the position of Associate Justice of the Supreme Court. He must, therefore, be confirmed.
Something about this argument bothered me, but I hadn’t been able to figure it out. Fortunately, this being Santa Fe where luminaries are commonplace, I stumbled across Socrates dunking a biscochito into his latte. His beard, I’m sorry to say, was speckled with crumbs, but he nodded pleasantly when I asked if I might join him.
I ordered an espresso and explained the conundrum. “Is extraordinary professional skill all that’s needed?” I asked. "Or is there some other quality we should seek in confirming a Supreme Court Justice?”
Socrates nodded sagely. “Americans tend to respect those who are good with the tools of their trade. Are you so different?”
Me: Not really, Socrates. As a householder, I like a plumber who knows plumbing.
Socrates: Exactly! Does anyone want a house built by a bad carpenter?
Me: Of course, not.
Socrates: Would you go to sea with a captain unable to tell a storm cloud from a harmless bit of fluff floating across the sky?
Me: Not I---or anyone who wants to live a long life.
Socrates: So expertise matters when selecting carpenters or captains?
Me: How can I doubt it?
Socrates: Perhaps skill is the most important consideration?
Me: It would seem so, Socrates.
Socrates: Let us, nevertheless, pursue the matter. What if a certain enormously skillful carpenter employed his tools to construct dark ugly forbidding houses while another employed his to create beautiful comfortable welcoming houses. Which carpenter would you hire to build your house?
Me: What a silly question, if I may say so, Socrates! I would, of course, choose the carpenter who builds a beautiful house.
Socrates: And would your house need to be beautiful only?
Me: Oh no! I would ask this skillful carpenter to build me a house that is strong and safe as well as beautiful.
Socrates: If you dwell in such a skillfully constructed, safe and pleasant house, I would happily trust myself to it, assuming you ask me to dinner tonight.
Me: Please come. I will use my cooking skills and equipment to provide a meal that is healthful and delicious.
Socrates: Exactly! But the matter of judges and their tools is very complex. Are you satisfied that we have answered your question?
Me: Perhaps we should continue the analysis. We know that Mr. Alito is well versed in the law.
Socrates: So it is said.
Me: He writes superbly crafted opinions.
Socrates: One follows from another, I should think. But to what end?
Me: To what end?
Socrates: The captain may be able to read the weather, the wind and the tides. He may know where the rocks and the reefs are. He may know how to bail water and repair a mast. These are the tools of his trade. Are they enough to cause you to step confidently onto his boat?
Me: Such knowledge inspires confidence.
Socrates: Is there not a very important question you should ask?
Me: Tell me, wise Socrates.
Socrates: If you wish to go to Ithaca, will you board a ship bound for Syracuse?
Me: That would be stupid, Socrates.
Socrates: Now suppose you inquire of the captain his destination, and he refuses to tell you where he is going. You must trust him, he says, to take you to an appropriate place. Will you then board his ship?
Me: I will not, Socrates.
Socrates: What if the captain seizes a hawser and demonstrates all the clever sailors’ knots he can tie? He shows you those knots, insisting that you can trust him. Will you sail with him then?
Me: Only if that evasive captain promises to take me to Ithaca, which is where I want to go.
Socrates: Exactly.
Me: Here, now, is a map of Santa Fe. It shows every street in the city, and I have marked the location of my house. Depending on the route you take, you will have that healthful and delicious dinner—or you will have, well, who knows what!
Socrates: It will be a pleasure to dine with such an apt pupil.
Me: You are too kind, sir.