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February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
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David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
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Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
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Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
June 2, 2009
/ 10 Sivan 5769
Will Sotomayor's style blunt her liberal views?
By
Michael Barone
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http://www.JewishWorldReview.com |
Barack Obama has named his nominee for the Supreme Court, Judge Sonia Sotomayor of the 2nd Circuit Court of Appeals. What's the likely fallout, politically and judicially?
Politically, Obama gets a plus for naming the first Hispanic justice (unless one counts Benjamin Cardozo, nominated in 1932, a descendant of Portuguese Jews). Sotomayor has an appealing biography: She grew up the daughter of Puerto Rican parents in the Bronx, had a fine academic record at Princeton and Yale Law School, served in the U.S. Attorney's Office in Manhattan and practiced commercial law.
Republicans delayed her confirmation for the appeals court in the 1990s for the same reason that Democrats delayed and prevented the confirmation of Miguel Estrada for a judgeship during the first Bush term: to prevent the other party from promoting a Hispanic who would be a plausible Supreme Court nominee.
Sotomayor is that she clearly meets the minimal standards for the job. Republicans are unlikely to prevent her confirmation, and Democrats can tell Hispanic voters they put one of their own on the nation's highest court.
It remains to be seen whether Sotomayor will prove as charming and articulate in her confirmation hearings as Chief Justice John Roberts was in 2005. And she will presumably have to defend some of her public statements. Such as, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."
That amounts to an assertion that some Americans are more likely to have the "empathy" that Obama said he sought in a nominee because of their gender and ethnic origin. It's not clear that most Americans agree. Pollster Scott Rasmussen reports that 45 percent of Americans believe that legal background and competence are the most important qualities for a nominee, while only 27 percent believe that diversity is the most important. Independents on this issue, as on several others lately, are more like Republicans than Democrats: Fifty percent say legal background and competence are more important.
Sotomayor is not the first nominee chosen for her personal characteristics. But identity politics is not necessarily a political plus for most voters. All of us have only one gender, and only a limited number of ethnic identities and personal experiences. But we don't like to think we're incapable of entering into a sympathetic understanding of those of different backgrounds.
Which leads to the second question: What would a Justice Sotomayor mean judicially? In a widely noted New Republic article, liberal analyst Jeffrey Rosen quoted former 2nd Circuit law clerks and observers as having reservations. One anonymous source said she was "not that smart and kind of a bully on the bench."
If that's a fair assessment, Justice Sotomayor might not fit in particularly well in a court whose current justices, by all accounts I've heard, have excellent personal relations with and respect for each other despite their sometimes sharp disagreements. Half a century ago, most justices came from political backgrounds this court's members brought distinguished records from academic life and appeals courts or have demonstrated similar high abilities in their opinions.
Rosen expresses the fear that in this company Sotomayor may not prove an effective advocate for her liberal views. Which way that cuts presumably depends on what you think of those views.
One case currently before the court may be on point. Several white firefighters and one Hispanic firefighter sued the city of New Haven for setting aside the results of an examination because no black firefighters qualified for promotion. The federal trial court ruled this did not violate civil rights statutes, and a three-judge panel of the 2nd Circuit, including Sotomayor, affirmed, without a written opinion. This looked to many like a stealth strategy to protect racial preferences from legal attack.
In this case, Sotomayor seemed to share the view of legal elites that racial preferences must be defended, even at the sacrifice of candor, against all attacks. But most Americans tend to agree with Martin Luther King that people should be judged by the content of their character rather than the color of their skin. The Supreme Court is expected to rule on this in June, probably just before Sotomayor's confirmation hearing. Is this an issue that Obama and the Democrats want to litigate in the court of public opinion?
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Comment by clicking here.
JWR contributor Michael Barone is senior political analyst for The Washington Examiner.
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© 2009, Washington Examiner; DISTRIBUTED BY CREATORS SYNDICATE INC.
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