Thread: Selling Sotomayor: Ethnocentricity or Rule of Law?

Selling Sotomayor: Ethnocentricity or Rule of Law?
by James R. Edwards, Jr.
07/06/2009


Judge Sonia Sotomayor should honestly answer the Senate Judiciary Committee’s questions about her strongly evidenced identity politics.

Sotomayor’s words could come back to roost, and what they indicate doesn’t exactly inspire confidence. At least not for those of us who associate fairness, impartiality, the rule of law and equality under law as being inseparable from the whole notion of American justice.

President Barack Obama has described a top criterion for his judicial nominees: empathy. Not the rule of law. Not concord with the U.S. Constitution. But empathy with parties before the bar.

Now that criterion is playing out with his nomination for the opening Supreme Court justice seat. Sotomayor’s record shows that she may meet that Obama qualification.

The question is whether a strong dose of identity politics will hinder the nominee’s chances of Senate confirmation. Betting money in Washington says it won’t. But nothing’s definite.

The political dynamics tilt in Sotomayor’s favor. The president remains personally very popular, even if support for his excessive spending policies has slipped.

The Democrats hold a near-insurmountable numerical advantage in the U.S. Senate. If grassroots aren’t overwhelmingly voicing opposition, then not enough Democratic senators will fear that their constituents will base their vote on this vote, and Sotomayor will be confirmed easily.

And the selection stacks the political deck: a liberal judge, twice confirmed by the Senate, sitting on the appellate court, female, ethnic minority, activist background. Leading the Republicans on the relevant committee is a white Southerner.

Hmmm, smells like a political trap.

But liberals should be careful not to sell Sen. Jeff Sessions, R-Ala., short. He has gone out of his way to assure a fair, thorough examination of the nominee and respectful treatment of the nominee. His consistent conduct has won praise from Senate Judiciary Chairman Patrick Leahy, D-Vt., as “statesmanlike.â€

Maybe this will all come to an end soon......

http://www.obamacrimes.com

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