Home -> Law Blog Directory -> Legal Commentary Blogs -> Althouse

Legal Commentary

: Althouse

Sotomayor!

It's Sotomayor!

ADDED: Tom Goldstein analyzes the political dynamics of the nomination. He says Obama will not need to "invest additional political capital" over confirmation.

... Republicans cannot afford to find themselves in the position of implicitly opposing Judge Sotomayor. To Hispanics, the nomination would be an absolutely historic landmark....

... Sotomayor has an extraordinarily compelling personal narrative. She is a first generation American, born of immigrant parents. She grew up in a housing project, losing her father as an adolescent, raised (with her brother) by her mother, who worked as a nurse. She got herself to Princeton, graduating as one of the top two people in her class, then went to Yale Law. Almost all of her career has been in public service?as a prosecutor, trial judge, and now appellate judge. She has almost no money to her name.

Goldstein thinks Republicans will (should?) wait until Obama's next nomination to stage a fight ? the way the Democrats went easy on John Roberts and fought hard against Samuel Alito.

To the extent that there is opposition, it will fall into 4 categories, Goldstein says: 1. that she's not smart enough, 2. that she's "a liberal ideologue and 'judicial activist,'? and 3. that she's "unprincipled or dismissive of positions with which she disagrees," and 3. that she's "gruff and impersonable." Goldstein outlines the response to these 4 arguments.

Here's what I think conservatives should do: Accept that she will be confirmed, but use the occasion to sharpen the definition of conservative judicial values and to argue to the American people that these are the better values.

Full post as published by Althouse on May 26, 2009 (boomark / email).