27 May 2009

Why Republicans will fail in SCOTUS fight

Slate's Dahlia Lithwick explains why it would be hypocritical and ineffective for Republicans to try to fight Supreme Court nominee Sonia Sotomayor on grounds of her being too "emotional" or empathetic to be impartial.  Other likely avenues of attack, including judicial activism and racial bias, are already easily shot down by the facts.  Overall, an interesting article that offers insight into the uphill battle the Republicans have in the SCOTUS confirmation process.
"Judge Sotomayor has taken a fairly moderate, text-based approach to the cases before her, placing her much closer to retiring Justice David Souter than to the late Justice William Brennan on the judicial activism spectrum."

"You can't say she's a judicial activist and then criticize her for applying 2nd Circuit precedent."

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