Sotomayor: A Test of the GOP
My two cents on the Sotomayor nomination: About what I expected. Pretty much a lateral trade for Souter. Not really going to set the world on fire as a judge, but she does a lot of other things for Obama. Personally, do I like her? No. I’m not a big fan of judicial activism or social engineering, not to mention that she seems terribly abrasive. But, Obama won. He gets to make the selection. If there is any deal-breaker out there we’ll no doubt hear about it soon. But righ now if I were a Senator I’d vote against her because of the activism, but I wouldn’t spend political capital on a filibuster.
Really, on Obama’s side of things this is a ho-hum pick. I think that how the GOP handles this will be interesting and show where the party is at in terms of learning, growing and being serious about earning back America’s trust.
I don’t like the early signs. All I’m hearing are two options: clam up because we have to “pick our battles,” or go all out and try to block the thing with a filibuster. As if black and white are the only choices. Here I was thinking that this might be a great spot to have a go at constructive, appropriate debate, and responsible behavior.
The attraction to Sotomayor and the media hoopla is rooted in her story and her demographic package. Any number of surveys make it clear that the public disapproves of her brand of legislating and correcting past social wrongs from the bench. Hmmm, like the person despite unfavorable policies. Sounds like a certain President I know.
So this would be a great opportunity for a few rounds of constructionist vs. activist debate. Sotomayor really is unremarkable as a nominee in this situation. This is about Obama and the Republicans. Her nomination just happens to be the device that brought it to the fore.
Of course with the administration and the media ready to brand any whiff of dissent as racism, this whole matter will require the GOP to communicate effictively and make their case. And it requires that the GOP stick to the elements of this debate that are their business – namely Sotomayor’s fitness to serve on the Supreme Court. Sorry, but unlike your media-aided Democratic colleagues, you can’t get away with opposing the nominee simply because you disagree with them politically.
So, the same old games won’t go here. Take the 60% reversal rate drumbeat for example. John debunked this at PowerLine this morning. That’s just the kind of thing that is no help in the long run. Sure it might be good for a quick “gotcha!” But eventually the whole story surfaces and there goes your credibility. Not to mention that it’s just plain lazy.
Sotomayor’s nomination is going through so this is no time for scorched earth. But I think there are points to be made here in a minority effort. This is a great test for Republicans.



