I’m not saying that liberals didn’t oppose the nominations of John Roberts and (especially) Samuel Alito. I think a lot of us were pretty intemperate and vituperative in our opposition to both of them. And we said some pretty harsh things about weak-kneed Democrats who had the power to block their nominations and failed to use it. So, I understand how the Republican base feels about a judge who supports abortion rights and following the law on affirmative action. I understand how they are going to feel when Republican senators do little more than give lip service to opposing Sonia Sotomayor’s confirmation. But there are some differences.
First of all, it’s hard to relate to people whose agenda is to overturn thirty-six years of legalized access to abortion, or who want to completely wipe out the practice of affirmative action. It’s impossible to relate to people who oppose a judicial candidate because they don’t like latinos or because they don’t think women are good at being judges or politicians (as a woman-caller told CSPAN this morning). Their ideas are radical in the sense, at least, that they want to make fundamental changes to the law rather than to keep the law the way it is. For quite some time the real conservatives on judicial matters have been the liberals that want to protect the gains we have made and not the right-wingers who want to take them away. Even if I can empathize with how right-wingers feel about seeing a liberal judge put on the Supreme Court for a lifetime appointment, I can’t agree that their fears are as meritorious or as mainstream as ours were in the cases of Bush’s nominations.
Second, our loud, obnoxious, and vituperative opposition was taking place on blogs. Our shrillest voices were not being broadcast to hundreds of millions by ClearChannel and FOX, CNN, and MSNBC. Our shrillest voices were not current or former politicians. If we undermined our case for opposing Alito and Roberts by putting a crazed and hyperpartisan bent on that opposition, hardly anyone noticed. By contrast, while the Republicans on Capitol Hill have no more intention of blocking Sotomayor than the Democrats on the Hill had of blocking Roberts and Alito, their crazy base is all over the radio and the teevee saying incredibly ugly things about Sotomayer’s race, gender, morality, judgment, temperament, and qualifications.
The Democratic senators had it easy. They wanted to vote yes and the Republicans gave then the threat of the nuclear option to sell voting yes to their mostly unheard base. The Republican senators want to vote yes and yet every day for the next 75 days they will have to deal with their base whipping themselves into a frenzy of racist, misogynistic, liberal-hating. They won’t get any credit for voting yes because the country’s persuadables will be too scarred and horrified from the whole experience to give a shit how they actually voted.
This points out an odd structural advantage for the Democrats. The Republicans’ informal media megaphone is too loud. It is more convenient to have a base with no voice. That way you don’t have to listen to them and the rest of the world doesn’t get the strange idea that your party believes in what it preaches, with disastrous results.
This post is only partly tongue-in-cheek.
I especially liked the attack on Sotomayor of “Hey, she & GeeDubya both graduated from ivy league schools, so they’re equal in intellect!”
Um, no.
Bush was a “legacy student,” the son of an ivy league graduate and graduated with a “Gentleman’s C.”
Sotomayor “pulled herself up by her bootstraps” (came from an impoverished background) and worked very hard to graduate summa cum laude.
But yeah, other than that, they’re just the same.
The GOP is the party for the obnoxious sons of accomplished men.
Considering Evan Bayn is nominally a Democrat … the same could be said for the Democratic party
Except … how far did Evan Bayh get with the Democratic party, compared to how far GWB got with the Republicans?
I wish the GOP had just a smudge of decency and didn’t listen to the Limbaughs of the world and let Sotomayor go through without a fuss. Their base is calling for blood but the battle will gain them nothing. Let her go and spare the country the grief.
But where would the Republicans be with out the faux outrage?
Do they? Really?
And even if today they do, will they feel strongly enough in 75 days to go on record with a vote to confirm?
If the Democrats stick together it won’t really matter. There is probably very little the Republicans can do to derail this, short of some heretofore unknown piece of scandal bobbing to the surface. But man, it is going to be very U-G-L-Y.
Are we confident enough, though, in the unanimity of our own party to blow off the GOP crazies as irrelevant in the process?
The Democrats don’t have to be completely united, just mostly united.
The Republicans are going to lose Olympia Snowe on this vote, barring some scandal that crops up around Sotomayor. They’re likely to lose Susan Collins as well. By the time this comes up to a vote, unless something really strange happens, Al Franken will be in the Senate and the Dems will have a caucus of 60. Given the two Republicans who are guaranteed “defectors”, that means the Democrats can lose two of their own and still get Sotomayor through the filibuster – and there are other Republicans who are probably very worried about this vote, especially those from the Southwest. I think by the time this comes up for a vote, there are going to be enough Republicans wanting to vote yes to get over the hump.
The real question is getting the nomination out of the Judiciary Committee in the first place. I may be mistaken, but I understand that requires an affirmative vote by one member of the minority in addition to an affirmative by the majority. Who’s in the minority on the JC that might give an affirmative vote? Chuck Grassley? Lindsay Graham? Orrin Hatch voted for her before, but he’s going out of his way to let everyone know that was only because there was a “deal” cut to get HW Bush judicial appointments seated. If they can’t get a single member of the minority to vote in the affirmative on the JC, her nomination dies in committee before it even gets to the floor and forces them to make the hard choices. That’s the maneuver that I’m more worried about right now – is there anyone on the JC from the GOP side that would be politically harmed by not letting her nomination come to the floor? If not, THAT could be the nomination killer right there.
How long had Plessy v. Ferguson been settled law before it was corrected?
So, the motivation is for Republicans not to delay but appear to want to delay.
Too bad Republicans are in a suicidal frame.
“First of all, it’s hard to relate to people …. who want to completely wipe out the practice of affirmative action.”
I want to completely wipe out the practice of affirmative action, and I could, if the Republicans would just stop discriminating against non-whites!
Affirmative Action is most beneficial to women, whether they are non-white or not.
And if my gender would just stop discriminating against women!
Be assertive, you’re a bitch. Be accommodating, no one notices you. Either way you get passed up for promotion.
I don’t understand why “liberals” are loudly cheering the addition of another “moderate centrist” on this too important Court. Yay for intelligence. Yay for the middle. I mean, WTF! Each Justice on the Court can be deemed “intelligent” by someone, even Thomas. But that doesn’t make them good or fair-minded people. Here we are with Obama choosing to go along with the middle for politics’ sake. The conservatives are celebrating this victory. Yes, it is a victory because they, again, get exactly what they wanted–another malleable mind that will go more and more rightward (eventually comfortably residing in the middle) as she ages. It’s only natural. Boo is a case in point. We don’t get a fighter. We don’t get a reliable vote on this Court of right-wing kooks. We get another corporatist Justice who will, in all likelihood, be another Obama: shuffling along to get along.
Tragic. And now back to our regularly scheduled “moderate centrist” cheer-fest.
Regarding the notion Sotomayor is “not liberal enough” or talk of “Obama is blowing his opportunity to appoint a liberal judge to the SCOTUS”… this is mostly nonsense.
her ruling on the New Haven “reverse discrimination” case:
this ruling will serve as the classic cannon fodder for hacks like drug limbaugh, O’lie-ly and senate conservatives, i.e. “see! she’s a liberal/activist judge! she ruled against white guys who could pass the test for promotion!”
the fact the New Haven case is going to be ruled on by the SCOTUS muddies the waters more than a bit, don’t you think?
http://www.heraldonline.com/115/story/1365187.html
I understand that she can make the right decision; however, the more I see of her opinions and judgments, the more I see a corporate standard bearer. My point is that she’s the easy route. Contrary to the Foksnooz noise, she is the best that they can expect to get from this regime. This is a classic case of “doth protest too much” from the right wing. The noise is filling the depleted coffers quick enough and that’s entirely the point of all this noise. They really couldn’t be happier with this pick.
Obama is a brilliant politician. Yeah wonderful. But he will not go down as being a great president. I’m sickened. Maybe I’m just a pinko DFH who is a bit too idealistic for these parlor games.
Mr. Zappa said it well: ‘Politics is the entertainment branch of industry.’
Individual engagement may depend on the perceived relevance of these exercises to our personal survival.
Agreed.
most of her past decisions appear to be pro-corporate. her, Scalia, Roberts, ought to get along just fine!
on the surface of course she looks great; she’s female AND a latina.