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Is it already time to start assembling another SCOTUS short list?

By Douglas A. Berman

This new New York Times article, perhaps reflecting the boring realities of the on-going confirmation hearings for Judge Sotomayor, is already looking ahead to the next SCOTUS nomination battle: "As the two parties skirmish over the Supreme Court nomination of Judge Sonia Sotomayor, some of their rhetorical fire is aimed not at her but at the next justice President Obama may get to pick." Here is the basic set up: By forcing Judge Sotomayor to retreat from Mr. Obama?s desire for justices with ?empathy,? Republicans have effectively set a new standard that future nominees will be pressed to meet.  The Republicans hope their aggressive questioning of Judge Sotomayor on race discrimination, gun control and the death penalty will make it harder for Mr...continue to full post

Full post as published by Sentencing Law and Policy on July 16, 2009 (boomark / email).