Washington, D.C.
Obama’s choice of Sotomayor deserves praise
Though there is much to learn about her, Sonia Sotomayor is an excellent pick for Obama.
(Updated below – Update II – Update III – Update IV – Update V – Update VI)
Reports indicate that President Obama has selected Second Circuit Court of Appeals Judge Sonia Sotomayor to replace David Souter on the Supreme Court. The announcement will be made formally this morning at 10:15 a.m. EST. This nomination should be judged principally on two grounds: (1) her judicial opinions (which Scotusblog’s Tom Goldstein comprehensively reviews here) and (2) her answers at her confirmation hearing. But based on everything that is known now, this seems to be a superb pick for Obama.
It is very encouraging that Obama ignored the ugly, vindictive, and anonymous smear campaign led by The New Republic‘s Jeffrey Rosen and his secret cast of cowardly Eminent Liberal Legal Scholars of the Respectable Intellectual Center. People like that, engaging in tactics of that sort, have exerted far too much influence on our political culture for far too long, and Obama’s selection of one of their most recent targets both reflects and advances the erosion of their odious influence. And Obama’s choice is also a repudiation of the Jeffrey-Rosen/Ben-Wittes/Stuart-Taylor grievance on behalf of white males that, as Dahlia Lithwick put it, “a diverse bench must inevitably be a second-rate bench.”
Obama has also ignored the deeply dishonest right-wing attacks on Sotomayor, beginning with the inane objection to her perfectly benign and accurate comments on videotape that appellate judges, as distinct from district court judges, “make policy.” Lawyer Anonymous Liberal thoroughly eviscerated that line of attack as the shallow and deceitful argument it is. A similar avenue of certain attack — that Sotomayor said in a 2001 speech that a female Latina judge has experiences that can inform her view of cases — is equally frivolous. There are a whole range of discretionary judgments which judges are required to make; does anyone actually doubt that familiarity with a wide range of cultural experiences is an asset?
It’s possible to take that view too far to the point where it becomes troubling, and Sotomayor should (and certainly will) be asked about it, but the comments themselves are entirely mainstream and uncontroversial. As reflected by my own somewhat limited experience with Judge Sotomayor — in which, in one case, she upheld the dismissal at trial of a race discrimination claim in a case with a highly sympathetic African-American plaintiff (even after a different District Judge denied summary judgment dismissal of that claim) while reinstating the plaintiff’s disability discrimination claim — she’s hardly some rabid ideologue who dispenses with legal considerations in favor of social sympathies. Sotomayor’s opinions as compiled by Goldstein, as well as those who know her best, demonstrate the same thing. One progressive legal group, Constitutional Accountability Center, already issued a statement praising her nomination:
Constitutional Accountability Center (CAC) applauds President Obama’s historic nomination of Sonia Sotomayor to the United States Supreme Court. While CAC’s review of Judge Sotomayor’s record is continuing, we already know that she is a brilliant lawyer who is committed to ruling based on the Constitution and the law, not on her own personal political views. As Judge Sotomayor herself stated in a recent dissenting opinion: “The duty of a judge is to follow the law, not to question its plain terms.”
The next Supreme Court Justice will have a critical voice in important decisions involving the Constitution’s text, history and core principles. She will help decide cases regarding constitutional rights and liberties and constitutional challenges to laws that matter to the lives of everyday Americans — including cases involving voting rights, pay equity, and health, safety, and the environment. In Judge Sotomayor, we believe President Obama has found a nominee who will help ensure that the Constitution and laws are faithfully applied and remain true to their intended purpose as guardians of our rights, liberties, and equality.
There are many vital issues that Sotomayor should be asked about, obviously including her views on executive power limits, which — as Charlie Savage noted this weekend — are largely unknown. One’s view of her selection should be shaped by things that are as yet unknown. But judging strictly from what is known, Obama deserves substantial credit for this choice. There were choices available to him that would have been safer among the Respectable Intellectual Center (Diane Wood) and among the Right (Elena Kagan). At his best, Obama ignores and is even willing to act contrary to the standard establishment Washington voices and mentality that have corrupted our political culture for so long. His choice of Sotomayor is a prime example of his doing exactly that, and for that reason alone, ought to be commended.
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See also: this post, from earlier today, on the Brookings Institution and the false claims about the presidential oath.
UPDATE: Charles Krauthammer is already snarling on Fox News, warning viewers of the possible danger that — as he put it — Sotomayor’s “concern for certain ethnicities override justice.” He said that although her confirmation is certain, conservatives should oppose her nomination on principle and highlight that the type of justice Sotomayor allegedly represents — justice that is unfair to white people in favor of “certain ethnicities” — is deeply pernicious. That is such a baseless and ugly attack on her, but almost certainly what will be a focus of the right-wing strategy.
Sotomayor’s ascent from Bronx housing project to Princeton and Yale Law School to Supreme Court nominee — driven by merit, intellect, talent and diligence — is nothing short of inspiring. Ugly, baseless attacks of the kind Krauthammer recommends will resonate with nobody outside of the small rump that is now the Republican Party.
UPDATE II: Here’s the primary function of the life of The New Republic. From Red State today:
Conservatives rejoice. Of all the picks Obama could have picked, he picked the most intellectually shallow.
Even the New Republic has been rather scathing about her.
And from National Review:
If they had even a small amount of intellectual integrity, TNR Editors would be deeply ashamed of the central role they played in enabling this baseless, plainly false attack on Sotomayor as an intellectually deficient mediocrity. But for The New Republic, there is no greater source of pride than being approvingly cited by the Right with the “Even The New Republic . . . . ” head-pat. That’s their role in life, even if accomplished with patently reckless gossip masquerading as “journalism.” That’s one aspect of Obama’s decision that is so commendable — discarding the sleazy tactics from our corrupted establishment Beltway sources.
UPDATE III: What is the basis for the seemingly now-widespread assumption that Sotomayor is some sort of left-wing pick? She was originally appointed to the bench by Bush 41 and her confirmation to the Second Circuit was supported by some of the most right-wing Senators (including Jesse Helms, Rick Santorum, Bill Frist and similar types). She began her law practice working as a District Attorney, prosecuting criminals. Anyone who wants to characterize her as “left-wing” — especially radical left-wing or even to the left of Souter — should be compelled to point to specific judicial rulings or other evidence for that characterization. The fact that she’s Latina and from the Bronx isn’t actually evidence of her ideology or judicial philosophy.
UPDATE IV: Along with several others, I contributed a short piece to the New York Times online discussion today on Obama’s selection of Sotomayor. My contribution can be read here.
UPDATE V: Powerline — Time‘s 2004 Blog of the Year — asks: is Sotomayor “Che Guevara in robes?” To raise the comparison, the author of that rancid observation uses the Jeffrey Rosen method of “reporting”: ”That’s how a friend of mine refers to Sonia Sotomayor,” he claims. Why is the Right so hated? It’s such a huge mystery (h/t Opinionator).
Speaking of TNR: now that Obama has selected Sotomayor, a much different tone has emerged over there. They have a post today from Law Professor Erwin Chemerinsky that praises Obama’s selection as “brilliant” and adds: ”Everything that is known about her indicates that she will be an easy confirmation and an outstanding justice.” And even Rosen is now backtracking further from his smear piece, lamely objecting today that conservatives who are “citing [his] initial piece on Sotomayor as a basis for opposing her . . . . willfully misread[] both [his] piece and the follow-up response,” Rosen now insists he believes that “Judge Sotomayor should be confirmed to the Supreme Court.” John Cole says all that needs to be said about Rosen’s sudden turn-around.
Relatedly, Brian Williams, on his blog, has a somewhat cryptic post that cites Rosen’s original hit piece on Sotomayor along with my response to Rosen, and implies that he’s revealing some new information about that episode based on his “reporting,” though it’s unclear what exactly is being revealed. Williams says that Rosen’s piece “got the attention of White House staffers” but “now the original piece is under great scrutiny, as is the author’s possible motives.” If anyone knows what any of that means, please let me know. What I think Williams’ note does reflect, as I speculated at the time, is that Rosen’s gossipy smear attack will likely do far more damage to his own reputation than to Sotomayor’s — and justifiably so.
UPDATE VI: At his Washington Post blog, Greg Sargent documents the misleading claims being made about the “wise Latina woman” passage from Sotomayor’s 2001 speech. The always-insightful Dahlia Lithwick examines the dismal and unpromising arguments raised thus far by the Right in opposing the nomination. Politico‘s Michael Calderone further documents just how widespread was the Right’s use today of Jeffrey Rosen’s article to attack Sotomayor’s intellect, and provides some helpful background on the Rosen smear here.
Follow Glenn Greenwald on Twitter: @ggreenwald. More Glenn Greenwald.
D.C. firm inks lucrative public-relations contract with Bahrain
As the Gulf monarchy cracks down on an international aid group, it hires Qorvis for $40,000-per-month P.R. job
A Shiite Bahraini woman gestures as others shout anti-government slogans outside a public forum Saturday, July 23, 2011, outside a religious community center in Sanabis, Bahrain, denouncing the alleged destruction and vandalizing of Shiite mosques, community centers and cemeteries during a government crackdown on a largely Shiite spring uprising. Clerics who spoke during the meeting, blamed Saudi Arabia for targeting religious sites, because they allegedly distrust their own Shia minority and sent forces to help quell the Bahrain uprising. (AP Photo/Hasan Jamali)(Credit: AP) Bahrain is in the news again, this time for what appears to be the comically evil persecution of the humanitarian group Doctors Without Borders.
So, naturally, the ruling monarchy of the Gulf nation has hired a top Washington public relations firm to burnish (or attempt to salvage) its image, according to a new foreign agent registration filing. Qorvis Communications will be paid $40,000 per month, plus expenses, for the public relations work, according to a contract submitted to the U.S. Department of Justice.
Continue Reading CloseJustin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
Poll: Public sides with Obama on deficit
The potentially catastrophic effects of a default are finally sinking in with Americans
In this July 14, 2011, file photo, President Barack Obama sits with House Speaker John Boehner of Ohio, House Minority Leader Nancy Pelosi of California, House Majority Leader Eric Cantor of Virginia, as he meets with Republican and Democratic leaders regarding the debt ceiling in the Cabinet Room of the White House in Washington, Thursday, July 14, 2011. Obama's decision to haul lawmakers in day by day to negotiate a debt deal comes down to reality: He has no other choice. The president has essentially cleared his agenda to deal with one enormous crisis. (AP Photo/Charles Dharapak)(Credit: AP) Most Americans want to see a compromise on the debt ceiling, according to a new NBC/Wall Street Journal poll.
62 percent of self-identified Democrats said they would want Democratic leaders in the House and Senate to make compromises to gain consensus on the current budget debate, while only 43 percent of Republicans want to see their party leaders concede some of their positions. However, around 70 percent of independent respondents said they wanted to see both parties compromise.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Lobbyists are overtaking Congress
Since the GOP takeover, the number of lobbyists in congressional staff positions has more than doubled
(Updated below)
A new report from the Center for Responsive Politics (CRP) looks at the pervasiveness of former lobbyists now working in congressional staff positions. The number of former lobbyists in Congress has more than doubled between the last Congress and the current one, with a significant partisan skew. In the current 112th Congress, 79 former lobbyists work for Republicans while 48 for Democrats; during the Democratic-led 111th Congress (which ran from 2009-2010), 33 worked for Democrats, while 27 worked for Republicans.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Shariah law instituted steps from the White House!
Predicting an overblown right-wing outrage
Do I spot crescents in this CityCenterDC promotional brochure? There is a giant real estate development happening in downtown Washington, D.C., near the White House, on the site of the old convention center. Boring news for non-D.C. residents. But I’m willing to bet that the CityCenterDC complex — office space, retail, condos, your standard massive downtown “revitalization” project — will soon be very interesting to a lot of people who don’t live in the area. Not because anyone cares about urban land-use issues, but because of one of the project’s investors: Muslims.
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
What line between civilian and military authority?
An increasingly powerful Pentagon is taking over the culture of Washington
U.S. President Barack Obama meets with troops at Bagram Air Base, December 3, 2010. I have a fairy tale for you. Once upon a time, a representative democracy was established with a constitution that distilled the wisdom of the ages. Its foundational principles included civilian control of the military and a system of checks and balances that encouraged vigorous public debate as a basis for effective policy-making.
In this fabled land, the role of civilian leaders was, in part, to serve as a check on military ambition and endless wars. They were to prove cautious, too, in committing their citizen-soldiers to battle, and when they did, they would issue Congressional declarations of war so that everyone could grasp the nature of the national emergency at hand and the necessity of military action. In waging war, they would rely on shared sacrifice and even raise taxes. When necessary, it was their job to rein in or even remove military leaders who acted like Caesar (read: General Douglas MacArthur) rather than Cincinnatus (read: General George Washington).
Continue Reading CloseWilliam J. Astore is a retired lieutenant colonel. He has taught cadets at the U.S. Air Force Academy, officers at the Naval Postgraduate School, and currently teaches at the Pennsylvania College of Technology. He is the author of "Hindenburg: Icon of German Militarism," among other books. He may be reached at wastore@pct.edu. More William Astore.
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