Editore"s Note
Tilting at Windmills

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August 6, 2009

SONIA SOTOMAYOR WINS CONFIRMATION, 68-31.... The Senate easily approved Sonia Sotomayor's nomination this afternoon, and she will join the high court as the 111th justice -- and the first Latina -- in the fall.

On a 68 to 31 vote, the Senate confirmed Sotomayor, 55, after roughly 18 hours of official debate spread across three days this week, a show of support that included nine Republican 'aye' votes and 59 from the Democratic side of the aisle. All 31 votes against Sotomayor came from Republicans.

Sotomayor becomes the third woman to serve on the Supreme Court, following Justice Ruth Bader Ginsburg and former Justice Sandra Day O'Connor. [...]

"With this confirmation we will be making progress," said Sen. Patrick J. Leahy (D-Vt.), the Judiciary Committee chairman, said in the final hour of debate Thursday. "Years from now, we will remember this time when we crossed paths with a quintessentially American journey of Sonia Sotomayor."

Sen. Bob Byrd (D-W.Va.), in only his second vote since being hospitalized, returned to the Senate to support Sotomayor's confirmation.

With the result a foregone conclusion, the only mystery was waiting to see exactly how many Republicans would be willing to support this obviously qualified nominee. Regrettably, less than a fourth of the caucus -- nine out of 40 -- voted "aye," and four of the nine did so at least in part because they know they're retiring next year and don't have to worry about the wrath of the GOP base.

I keep thinking about something John McCain said last year about the Senate and high court nominees: "When President Bill Clinton nominated Stephen Breyer and Ruth Bader Ginsberg to serve on the high court, I voted for their confirmation, as did all but a few of my fellow Republicans. Why? For the simple reason that the nominees were qualified, and it would have been petty, and partisan, and disingenuous to insist otherwise. Those nominees represented the considered judgment of the president of the United States. And under our Constitution, it is the president's call to make."

It's funny how the rules change when the White House changes hands.

Steve Benen 3:40 PM Permalink | Trackbacks | Comments (26)

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Comments

The shameless hypcrisy of the GOP stopped being news at least 20 years ago, if not more.

Posted by: Allan Snyder on August 6, 2009 at 3:44 PM | PERMALINK

"Those nominees represented the considered judgment of the president of the United States. And under our Constitution, it is the president's call to make."

In fairness to McCain, the tide has shifted from voting based on qualifications to voting based on ideology. Orrin Hatch, like McCain, normally votes to support the President's choice, but this year did not citing the precedent set by Senator Obama. Senator Obama voted against Judge Roberts noting that he was eminently qualified, but was temperamentally unfit--or something to that effect. The gist was Obama didn't like Roberts' ideology.

The days are gone where deference is given to the Presidents choice. It's all ideology all the time.

Posted by: ChrisNBama on August 6, 2009 at 3:51 PM | PERMALINK

It's very disturbing how politicized Supreme Court nominations have become. In 1993, Ruth Bader Ginsburg was confirmed by a vote of 96 to 3.

Posted by: Lee on August 6, 2009 at 3:54 PM | PERMALINK

Brava!

In defense of Republicans, remember that the Democrats blocked the appointment of a Hispanic Republican male to the federal appellate court, and Obama voted against Alito and Roberts. Republicans are just blowing off steam.

Posted by: MatthewRMarler on August 6, 2009 at 4:05 PM | PERMALINK

I think we need go back to LBJ's nomination of Abe Fortas, then an Associate Justice, as Chief Justice, in the fateful summer of 1968, and the first filibuster of a Supreme Court nominee, initiated by the Southern Republicans and Democrats (there were some then), to identify the turning point. LBJ was a self selected lame duck and Abe Fortas was a prominent and highly qualified, if somewhat blemished, liberal (others would say "activist") jurist and constitutional lawyer ("Gideon's Trumpet" is about his client Gideon Wainwright). In many ways, it has been downhill ever since.

Posted by: robert on August 6, 2009 at 4:08 PM | PERMALINK

Note that McCain voted AGAINST Sotomayor. So much for practicing what you preach....

Posted by: mfw13 on August 6, 2009 at 4:09 PM | PERMALINK

I voted for their confirmation, as did all but a few of my fellow Republicans. Why? For the simple reason that the nominees were qualified, and it would have been petty, and partisan, and disingenuous to insist otherwise.

But since "that one" is now calling the shots, I'm asking for a mulligan. No vote for you Ms Sotomayor.

Posted by: John Sidney McCain on August 6, 2009 at 4:09 PM | PERMALINK

The next court retirement, if any, is when the real crisis in confirmations will occur. Perhaps we'll finally see some kind of rational control exerted over a right-wing ideology, that when it wins, does anything that it wants to do, and when it loses---does anything it wants to do.

Posted by: -syzygy- on August 6, 2009 at 4:12 PM | PERMALINK

I wonder if the constant harping at the hypocrisy of the Republicans does anything more than reinforce our righteousness.

Posted by: mlm on August 6, 2009 at 4:32 PM | PERMALINK

Part of the reason Republicans are so hypocritical is because they advocate standards of behavior that humans as a whole can't realistically be held to to begin with.

Posted by: Lee on August 6, 2009 at 4:34 PM | PERMALINK

"Those nominees represented the considered judgment of the president of the United States. And under our Constitution, it is the president's call to make."

The days are gone where deference is given to the Presidents choice. It's all ideology all the time.


I agree completely with what ChrisNBama said, and I'd like to add that since the Repubs sold Dubya as "the guy you'd like to have a beer with", all respect for the presidency has given away. It seems to be more of a bar fight these days than actual governance. What a pity...

Posted by: kanopsis on August 6, 2009 at 4:43 PM | PERMALINK

As someone else pointed out, when McCain said that, he thought that HE was going to be president.

Oh, and my prediction is that the next person Obama nominates to the high court will be called a Nazi.

Posted by: Daddy Love on August 6, 2009 at 4:43 PM | PERMALINK

Based on Republican math, she was actually confirmed 99-0 (See right wing commentary on Ricci decision where a 5-4 = 9-0).

Posted by: Steve on August 6, 2009 at 4:44 PM | PERMALINK

"less than a fourth of the [Republican] caucus -- nine out of 40 -- voted "aye," and four of the nine did so at least in part because they know they're retiring next year and don't have to worry about the wrath of the GOP base."

Well then, let's make sure the GOP base punishes the hell out of the five brave souls who are running again. Nothing personal, but the more we can get the wingnuts to pound the GOP moderates, the more seats the Republicans will lose to us.

Posted by: Racer X on August 6, 2009 at 4:54 PM | PERMALINK

Oh, great, now another vacancy in the 2nd Circuit...

Posted by: rayspace on August 6, 2009 at 5:13 PM | PERMALINK

It's entirely likely that John Paul Stevens will be the next retiree, yet another from the 'liberal' wing of the court. Regardless of the fuss the crazies will make over whomever Obama nominates, he/she too will in the end be confirmed. The real fight will be when Scalia, Kennedy or Thomas go, and unfortunately there doesn't seem to be any indication of that any time soon, barring divine intervention. 5-4 decisions are here for a while longer.

The country is ungovernable, and ideological battles over SCOTUS will plague us indefinitely. It really started with Bork and has been tit-for-tat ever since.

Posted by: rrk1 on August 6, 2009 at 5:18 PM | PERMALINK

I must confess the best part of this confirmation is imagining the reaction of Jeffrey Rosen.

Posted by: dan on August 6, 2009 at 5:22 PM | PERMALINK

Huckleberry Graham, Dick Lugar and the two from Maine are in incredibly safe seats and don't have to worry about the NRA and wingnut lunacy. Probably Lamar Alexander, too. Of course, no Rethug running in 2010 dared to vote for her.

Posted by: Molly Weasley on August 6, 2009 at 5:23 PM | PERMALINK

I had a little bet with myself that both Ladies from Maine would vote *for* and I won :) And if Obama's next picks are female, I think they'll vote for them too, as long as they're qualified.

Posted by: exlibra on August 6, 2009 at 5:43 PM | PERMALINK

The Republicans used to routinely charge that Democratic presidential candidates intentionally ran far to the left to win the Democratic primaries, adopting policies that disqualified them from running as "centrist" mainstream candidates in November. Bork did the same thing, traveling around the country spewing far right rhetoric to every wing-nut group he could find. He figured strong support from the Republican faithful would ensure a nomination to the Supreme Court from a conservative Republican President. He was right in this, but it evidently never crossed his mind that playing such a public openly political role in advancing far right policies might cost him the support of a Democratic Senate.

Posted by: J. Frank Parnell on August 6, 2009 at 5:48 PM | PERMALINK

That 31 Republicans opposed Sotomayer really isn't all that important, but if you read the AP report Republican opposition was the focus. Reading AP is like participating in a whole different universe where Republican opposition to the evil Democrats and those nasty brown and black people is all that counts.

Posted by: Ron Byers on August 6, 2009 at 6:10 PM | PERMALINK

I had a little bet with myself that both Ladies from Maine would vote *for* and I won :)

Congratulations. Now don't stiff yourself on the payment. No one likes a bad sport.

Posted by: shortstop on August 6, 2009 at 6:12 PM | PERMALINK

The two brave senators who represent my vacation home in Arizona make up for the cowardly California ladies and their pandering to Spaniards.

Arizona will reward McCain in 2010 for his courage.

Posted by: Myke K on August 6, 2009 at 6:14 PM | PERMALINK

Its also funny how the rules change when you have a conservative primary challenger.

Posted by: bob h on August 7, 2009 at 6:57 AM | PERMALINK

I went to the doctor and he mentioned that he does not do that sort of thing. I’m a little bit over 200 pounds it wasn’t like i was asking for bypass surgery but i he couldn’t do something for me. So which variety of doctor do you imply, i just require a bit guidance/help and i was turned away, so i’m so confused now.

Posted by: Darrin Pankey on December 17, 2010 at 4:33 PM | PERMALINK

As a contractor, I address some of these issues are a regular basis... thanks for making sense!

Posted by: Penis Enlargement Albany on December 17, 2010 at 4:39 PM | PERMALINK




 

 

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