I happen to be in front of the TV while there is coverage of the Supreme Court nomination hearings. I just saw Senator Grassley make comments about what a "good judge" does and how the "empathy" statements bothered him, because he feels that is contrary to what a good judge does ... and since I can't be there to knock some sense into him, I feel
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The democrats on the whole still haven't figured out that the correct response to a republican allegation is not "am not" because that just leads to "are too!" and "are too" sticks better and "am not" lets them define the debate. Obama's trick was to step outside their rhetoric, as you suggest here, saying 'it's not about this or that, it's about thing-the-other' and reframe the debate away from am-not/are-too.
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