Editore"s Note
Tilting at Windmills

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May 26, 2009

MEET THE NOMINEE.... Judge Sonia Sotomayor's Supreme Court nomination is not a surprise. She has long been considered a frontrunner for the vacancy -- George Stephanopoulos predicted Sotomayor's nomination back in March, before Souter's retirement.

And while much of the focus will be on Sotomayor's gender and ethnicity -- if confirmed, she will be the high court's first Hispanic justice -- she's had a pretty remarkable career. This NYT piece from a couple of weeks ago notes the judge's role in ending the 1995 major league baseball strike, but also notes a fascinating personal background.

[H]er potential appeal to President Obama as a nominee to the Supreme Court also derives in part from her personal story, a version of the up-from-modest-circumstances tales that have long been used to build political support. Judge Sotomayor, 54, grew up in a Bronx housing project, a child of Puerto Rican parents. She would be the court's first Hispanic justice.

Her father died when she was 9, leaving her mother to raise her and a brother. In speeches to Latino groups over the years, Judge Sotomayor has recalled how her mother worked six days a week as a nurse to send her and her brother to Catholic school, purchased the only set of encyclopedias in the neighborhood and kept a warm pot of rice and beans on the stove every day for their friends.

She loved Nancy Drew mysteries, she once said, and yearned to be a police detective. But a doctor who diagnosed her childhood diabetes suggested that would be difficult. She traded her adoration of Nancy for an allegiance to Perry -- she became a fan of Perry Mason on television, she said, and decided to become a lawyer.

She went to Princeton, which she has described as a life-changing experience. When she arrived on campus from the Bronx, she said it was like "a visitor landing in an alien country." She never raised her hand in her first year there. "I was too embarrassed and too intimidated to ask questions," Judge Sotomayor said.

In one speech, she sounded some themes similar to Mr. Obama's description of his social uncertainties as a biracial youth in a largely white society.

"I have spent my years since Princeton, while at law school and in my various professional jobs, not feeling completely a part of the worlds I inhabit," she said, adding that that despite her accomplishments, "I am always looking over my shoulder wondering if I measure up."

After graduating summa cum laude from Princeton, she went to Yale Law School, worked for Robert M. Morgenthau in the Manhattan District Attorney's Office and spent time in private practice before being named to the bench.

H.W. Bush nominated her for the district court in 1992 (she'd been recommended by Daniel Patrick Moynihan), and Clinton nominated her for the appeals court bench five years later. Senate Republicans, as is their habit, held up Sotomayor's nomination for more than a year, "because they believed that as a Hispanic appellate judge she would be a formidable candidate for the Supreme Court."

This month, as it appeared increasingly likely that Sotomayor would be Obama's nominee, the judge has been the target of a whisper campaign, and many leading far-right activists -- including Limbaugh and Fox News personalities -- started the offensive against her weeks ago.

For what it's worth, Sen. Orrin Hatch (R-Utah) said earlier this month that Sotomayor would face stiff GOP opposition if she were nominated for the high court. Since that would be true of any Obama nominee, it hardly matters.

Steve Benen 9:15 AM Permalink | Trackbacks | Comments (32)
 
Comments

sounds WAY too empathetic to be acceptable to the neanderthals.

Posted by: mellowjohn on May 26, 2009 at 9:24 AM | PERMALINK

I think it bodes well that Obama didn't shy away from this fight on account of the wingnut/GOP/Drudge/TNR smear campaign.

He could have ducked this one. He had plenty of time to choose a nominee that hadn't been the target of all that. His political advisors surely filled him in on exactly what had been said about Sotomayor, and who had said it, and what sort of fight he could expect. And he's apparently gone ahead and picked her anyway.

Good on him.

Posted by: low-tech cyclist on May 26, 2009 at 9:28 AM | PERMALINK

Now, this is odd. Politico calls her a "Latina single mother."

http://www.politico.com/news/stories/0509/22962.html#ixzz0GcPpb5Tb&A

Given that articles have noted that she has no children and therefore sees her clerks as her children, where did the reporters get that idea? It seems like they have internalized some stereotypes about minority women.

Posted by: Amy on May 26, 2009 at 9:28 AM | PERMALINK

the judge has been the target of a whisper campaign, and many leading far-right activists -- including Limbaugh and Fox News personalities -- started the offensive against her weeks ago.

I am shocked, shocked I tell you! The windbags are winding up, throwing sticks and stones from their glass houses and ivory towers. Yes, it is so much fun tearing down other human beings. Keep it up, (f)righties. You can move that 21% approval rating into the teens without even trying.

Posted by: In what respect, Charlie? on May 26, 2009 at 9:30 AM | PERMALINK

Good - I don't know know one top flight lawyer from another in terms of their opinions, etc., but sticking it in the eye of the whispering campaign has got to be a plus. Perhaps a few hidden agendas will be dragged out into the open.

Posted by: al-Fubar on May 26, 2009 at 9:37 AM | PERMALINK

The vote by this lady in '95 saved major league baseball. It allowed the World Series to be played. So, Mr George Will, tell us, one more time, why you are against this fine lady?

Sadly, a tear drops in Preston Hollow, as Shrub moans "But, I wanted Gonzo to be the first Hispanic" - Yeah, George, but this Hispanic-American is eminently qualified. There really really is a difference. And, thank you Erle Stanley Gardner, for, inadvertently, leading this excellent choice to the bench. Geez, "Perry Mason" being role model, who woulda thunk.

Posted by: berttheclock on May 26, 2009 at 9:39 AM | PERMALINK

I'm glad we finally have a democrat with a spine running things.

Posted by: ChicagoPat on May 26, 2009 at 9:39 AM | PERMALINK

The wingnuts were going to accuse any Obama nominee of being the antichrist, big deal. Go ahead and filibuster a highly qualified hispanic woman who was originally appointed by a Republican. Good luck with that.

Posted by: Allan Snyder on May 26, 2009 at 9:41 AM | PERMALINK

"Since that would be true of any Obama nominee, it hardly matters."

This is not true! We republicans will only oppose controversial nominees from The Chosen One!

If he had allowed the esteemed source of judicial knowledge, The Federalist Society, to present him with a list of nominees to chose from, it would not have been controverial. Of course, he would have needed to have aquired the signoff on this nominee from moderates such as Pat Robertson.

Posted by: RepublicanPointOfView on May 26, 2009 at 9:43 AM | PERMALINK

Weirdly, our friend Erick Erickson over at RedState says "Conservatives rejoice. Of all the picks Obama could have picked, he picked the most intellectually shallow."

Posted by: eldritch on May 26, 2009 at 9:44 AM | PERMALINK

WOW, and she went to Princeton and Yale which according to the "brilliant" boob, Chuck Todd, is the very dictionary definition of "IVORY TOWER"! Then he proceeded to dance away from a comment he made, apparently to a colleague, that Obama was BLOWN AWAY by her during their interview (all that predicated on Todd's assessment of how Obama was looking for "himself" to appoint)...Don't you love the SCOOP that our MSM has with their BREAKING NEWS before the official announcement...now if they could just convene the Congress they could have her approved or denied even before he announces her...and Repugs will make a fight of it...DUH!!!!!! PS...don't miss the point that she is a "woman of color"...

Posted by: Dancer on May 26, 2009 at 9:45 AM | PERMALINK

"Childhood diabetes"? Does she have any other health conditions we need to know about? Any history of cancer in her family or heart disease?

Her father died when she was 9? What was the cause of death?

Regardless of her other merits, we need someone who can reasonably be expected to remain active and healthy into their 80s.

Posted by: Dave in DC on May 26, 2009 at 9:49 AM | PERMALINK

Minor quibble: Benjamin Cardozo was the first Hispanic Supreme Court justice, given that he was of Portugese descent. Admittedly, his family had been in the US for far longer than Judge Sotomayor's, and there are, for some odd reasons, people who feel that the Portugese are not Hispanic (an odd opinion).

-Z

Posted by: Zorro on May 26, 2009 at 9:55 AM | PERMALINK

Regardless of her other merits,...

Look over here! Don't consider her qualifications!

But I suppose if she had a pacemaker and her job was to step in and act as president if the need should arise, it would be okay.

IOKIYAR.

Concern Troll much?

Posted by: jcricket on May 26, 2009 at 9:55 AM | PERMALINK

Great. Let the games begin.

The GOP's effort to derail a Hispanic woman SCOTUS candidate will happily doom them to the road they have chosen to travel. As this nation "browns" the GOP will increasingly look like what it has evolved into: An aging white,mostly male, vestige organ that contines to wither and die as it become more and more disengaged from the mainstream it once had a death grip on through fearmongering and outright lies.

What fun...

Posted by: stevio on May 26, 2009 at 9:59 AM | PERMALINK

I for one hope that Judge Sotomayor is not the liberal Scalia, and with all due respect to the smart folks on the left who advocate that type of choice, I can't for the life of me understand why you think that would be a good thing. Scalia, despite his brilliance is a polarizing figure on the Court. He drives away those who might otherwise be ideologically aligned to him. The ideal choice would be a 21st century Brennan. That person would be nearly impossible to find, granted, but don't you want someone who is a first rate judicial mind, rock-ribbed liberal convictions, and the political instincts to find common ground with adversaries where possible? Look at how Brennan worked with Blackmun, who let's remember, was appointed by Nixon, and voted with Burger so often in his first year on the Court that they were nicknamed the Minnesota Twins. Blackmum doesn't become a liberal giant without Brennan's influence. That's the type of person we need on the Court now.

Posted by: Fred on May 26, 2009 at 10:02 AM | PERMALINK

Minor quibble: Benjamin Cardozo was the first Hispanic Supreme Court justice, given that he was of Portugese descent.

Major quibble: They do not speak Spanish in Portugal.

Posted by: Halfdan on May 26, 2009 at 10:02 AM | PERMALINK

according to the "brilliant" boob,Chuck Todd, is the very dictionary definition of "IVORY TOWER"!********************************************

Todd Chuck? Chuck Todd? whatever. He presents a thesis that Obama wanted to appoint 'himself' to the bench? Based on what? Chuck's intimate and obvious knowledge of what is going on in the President's brain and psyche, I presume? Well, my thesis is that Chuck Todd wants to appear to be an intellect and clairvoyant to make up for his inferiority complex, teeny testicles, and inability to report faithfully based verifiable background information and the facts. How do I know his motivation? I just do, that's all! It's right there, for special people like me to see!

Good God. Mr. Toddler, please...,go away until you have something legitimate to add.

Posted by: In what respect, Charlie? on May 26, 2009 at 10:06 AM | PERMALINK

Admittedly, his family had been in the US for far longer than Judge Sotomayor's, and there are, for some odd reasons, people who feel that the Portugese are not Hispanic (an odd opinion).

Maybe because the word "hispanic" implies a Spanish-speaking culture? I don't hear people refer to Brazilians as hispanic either, I assume because they speak portugese.
I'm more annoyed with people who refer to "hispanic" as a race. There are white, black and brown hispanics, I consider it a cultural group, not a racial one.

Posted by: Allan Snyder on May 26, 2009 at 10:07 AM | PERMALINK

More interesting to me than his Portuguese roots are the fact that Cardozo was the first Jewish SC justice and that he was a Democrat appointed by a Republican, Herbert Hoover.

Imagine that happening today.

Posted by: shortstop on May 26, 2009 at 10:09 AM | PERMALINK

(all that predicated on Todd's assessment of how Obama was looking for "himself" to appoint)...

Please insert the line I missed (above) when I was pasting the top part of my post at 10:06


Posted by: In what respect, Charlie? on May 26, 2009 at 10:12 AM | PERMALINK

Correcting myself: I forgot Louis Brandeis! D'OH!

Posted by: shortstop on May 26, 2009 at 10:16 AM | PERMALINK

You think I'm a Concern Troll?

I want a progressive justice who will remain on the court for as long as possible. How does that make me a "concern troll?"

Why would a Republican care about the life expectancy of a progressive nominee?

While it should not be part of the public discourse, if I were picking a nominee I would insist on seeing their health history and that of their parents and grandparents.

Posted by: Dave in DC on May 26, 2009 at 10:17 AM | PERMALINK

While it should not be part of the public discourse, if I were picking a nominee I would insist on seeing their health history and that of their parents and grandparents.

And who says they didn't? Lots of people with juvenile diabetes live to old age, and I'm sure Obama wouldn't nominate someone if he wasn't confident that they could serve at least another 20 years.
The bottom line is that unless Kennedy or Scalia retires before the end of Obama's term, the direction of the court isn't likely to change.

Posted by: Allan Snyder on May 26, 2009 at 10:29 AM | PERMALINK

Minor quibble: Benjamin Cardozo was the first Hispanic Supreme Court justice, given that he was of Portugese descent. Admittedly, his family had been in the US for far longer than Judge Sotomayor's, and there are, for some odd reasons, people who feel that the Portugese are not Hispanic (an odd opinion).

The Congressional Hispanic Caucus has a Portuguese member, Dennis Cardoza (D-CA). Of course that may not mean much, considering that the Congressional Black Caucus has a white member.

Posted by: Peter on May 26, 2009 at 10:39 AM | PERMALINK

Todd Chuck? Chuck Todd? He who was a number cruncher who did little 1 minute segments before the premature demise of Tim Russert. He has neither the presence or skill to be commenting on anything and appears to have been put in that spot by NBC who had no one on the bench to step up when tim passed.

Posted by: John R on May 26, 2009 at 10:53 AM | PERMALINK

The only relevance concerning Dennis Cardoza and Judege Sotomayor is that Cardoza is a major player as a Blue Dog and Presidents do not always get what they think they are appointing, no matter the appointee's past record.

As I listen to my wife yelling "And why do we need a sixth Catholic on the court?"

Posted by: berttheclock on May 26, 2009 at 10:59 AM | PERMALINK

so much for diversity: 6 Catholics out of 9 slots? Really? Does any one religion need that kind of representation?

and a continuation of all 9 justices coming directly for US Courts of Appeals.

and while past performance is often not a good predictor of Supreme Court performance, the available evidence is that she is among the most moderate of those who were ever thought to be considered for this position. Not the kind of solid progressive that say a Karlan or Sullivan or Minow would have been. Nor the intellectual firepower of Dean Elena Kagen (who I believe was the youngest short-lister and who was my first choice). Nor the totally different background of Gov. Granholm.

Glad he stood up to the threat of a fight, and politically I think this has benefits in driving a wedge between Repubs and hispanics. But she would not be at the top of my list. or 2nd. or 3rd.

Posted by: zeitgeist on May 26, 2009 at 10:59 AM | PERMALINK

Just checked, and noticed that Scalia and Kennedy are in their seventies now. Doesn't mean they can't both last as long as Stevens, but probably not likely. If Obama is re-elected, his chances of really changing the direction of the court go up greatly.

Posted by: Allan Snyder on May 26, 2009 at 11:12 AM | PERMALINK

Just checked, and noticed that Scalia and Kennedy are in their seventies now. Doesn't mean they can't both last as long as Stevens

Ginsburg is likely to go before Scalia and Kennedy do. We can probably count on three appointments, possibly as many as five.

Posted by: shortstop on May 26, 2009 at 1:07 PM | PERMALINK

so much for diversity: 6 Catholics out of 9 slots? Really? Does any one religion need that kind of representation?

You're complaining about Catholics being overrepresented (at 6 seats it will be 8:3 in terms of their presence in the US pop) on the court, and yet your first choice is Elena Kagan, which would put Jews at a 15:1 overrepresentation?

My guess is that you're not *really* all that concerned about religious diversity on the court, and that your problem with another Catholic on the court comes from a different, er, concern.

Posted by: Disputo on May 26, 2009 at 6:54 PM | PERMALINK

true, Kagen wouldn't do a lot for the religious diversity on the court. but it isn't like there were a lot of known athiests, agnostics, muslims, buddhists, etc. on the short or medium lists. regardless of overrepresentation ratios, naming Kagen still does not give Jews a decisive block (unlike Catholics). And Kagen has two other benefits: she comes from anywhere other than a federal Court of Appeals, and she is young (yet with an excellent resume for the job).

but yes, with 6 members of a church whose Archbishop for the canonical court declared that Obama's invitation to Notre Dame was "an insult to Catholics" and that "Notre Dame doesn't know what it means to be Catholic", and Sotomayor having only one ruling in an abortion case and siding with the R's, I am indeed concerned about choice.

Posted by: zeitgeist on May 26, 2009 at 8:37 PM | PERMALINK




 

 
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