Crunchy Con

Is Sotomayor the left's Harriet Miers?

Tuesday May 26, 2009

Categories: Law

This just in:

President Obama will nominate Judge Sonia Sotomayor of the United States Court of Appeals for the Second Circuit as his first appointment to the court, officials said Tuesday, and has scheduled an announcement for 10:15 a.m. at the White House.

If confirmed by the Democratic-controlled Senate, Judge Sotomayor, 54, would replace Justice David H. Souter to become the second woman on the court and only the third female justice in the history of the Supreme Court. She also would be the first Hispanic justice to serve on the Supreme Court.

The president reached his decision over the long Memorial Day weekend, aides said, but it was not disclosed until Tuesday morning when he informed his advisers of his choice less than three hours before the announcement was scheduled to take place.

She's a Quota Queen. And something of a mediocrity, as Jeffrey Rosen reported in TNR:

But despite the praise from some of her former clerks, and warm words from some of her Second Circuit colleagues, there are also many reservations about Sotomayor. Over the past few weeks, I've been talking to a range of people who have worked with her, nearly all of them former law clerks for other judges on the Second Circuit or former federal prosecutors in New York. Most are Democrats and all of them want President Obama to appoint a judicial star of the highest intellectual caliber who has the potential to change the direction of the court. Nearly all of them acknowledged that Sotomayor is a presumptive front-runner, but nearly none of them raved about her. They expressed questions about her temperament, her judicial craftsmanship, and most of all, her ability to provide an intellectual counterweight to the conservative justices, as well as a clear liberal alternative.

The most consistent concern was that Sotomayor, although an able lawyer, was "not that smart and kind of a bully on the bench," as one former Second Circuit clerk for another judge put it. "She has an inflated opinion of herself, and is domineering during oral arguments, but her questions aren't penetrating and don't get to the heart of the issue." (During one argument, an elderly judicial colleague is said to have leaned over and said, "Will you please stop talking and let them talk?") Second Circuit judge Jose Cabranes, who would later become her colleague, put this point more charitably in a 1995 interview with The New York Times: "She is not intimidated or overwhelmed by the eminence or power or prestige of any party, or indeed of the media."

Her opinions, although competent, are viewed by former prosecutors as not especially clean or tight, and sometimes miss the forest for the trees. It's customary, for example, for Second Circuit judges to circulate their draft opinions to invite a robust exchange of views. Sotomayor, several former clerks complained, rankled her colleagues by sending long memos that didn't distinguish between substantive and trivial points, with petty editing suggestions--fixing typos and the like--rather than focusing on the core analytical issues.

Some former clerks and prosecutors expressed concerns about her command of technical legal details...

I presume she'll be confirmed with no problems. Given that we were certain to get a liberal justice out of Obama, I suppose one has to take comfort in knowing that Obama made a quota pick too, and did not choose a liberal justice who can match intellects with Roberts and Scalia.

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Comments
TK
May 26, 2009 4:18 PM

So if someone has a vagina, they are all the same to the right. This is the same thinking that lead you to pick Sarah Palin to appeal to Hillary voters. No wonder the Republican party is tanking.

Maeb
May 26, 2009 5:44 PM

In response to the (rhetorical?) question posed in the headline:

No, that's just the right's feeble attempt at a smear. And if the Hispanic vote is at all important to Republicans I'm guessing the staying power of that particular trope is pretty limited.

Loudon is a fool
May 26, 2009 6:02 PM

I don't think students grade on to the Yale Law Journal. That doesn't diminish Sotomayor's accomplishment; it may be that writing on is a better measure of ability than 1st year grades.

A note from Rosen
May 26, 2009 7:34 PM

"Conservatives are already citing my initial piece on Sotomayor as a basis for opposing her. This willfully misreads both my piece and the follow-up response. My concern was that she might not make the most effective liberal voice on the Court--not that she didn't have the potential to be a fine justice."

http://blogs.tnr.com/tnr/blogs/the_plank/archive/2009/05/26/the-sotomayor-nomination.aspx


BRD
May 27, 2009 3:25 PM

Your characterization of Judge Sotomayor as a "quota pick," or even a "Quota Queen," as you put it, is insulting and offensive in that it implies that Judge Sotomayor lacks real qualification for the Court. Everyone acknowledges that her ethnicity played a role in her selection, but to call her a "quota pick" sells her abilities and demonstrated merit far short. While she (like Justice Thomas) may have been the beneficiary of affirmative action, she also graduated at the top of her class at Princeton and served as Editor of the Yale Law Journal, thereby erasing any doubt that she belonged at those elite institutions. Presuming that a person of color who graduated (and excelled) at an elite college and law school and served as a federal judge for almost two decades got where she is not because of merit but because of ethnicity is racism epitomized. What must she do to be deserving?

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About Crunchy Con

Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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