Thursday, July 16, 2009
For What It's Worth
I haven't paid any attention to the Sotomayor hearings, assuming she's a shoo-in to get confirmed and the whole thing is a charade. Taking a "glass half full" look at things, though, I came across this interesting summary, from the NYT no less:
Several legal experts said Judge Sotomayor’s testimony might make it harder for Mr. Obama to name a more liberal justice next time.
She repudiated the president’s assertion that “what is in a judge’s heart” should influence rulings and rejected the liberal idea that the Constitution is a “living” document whose meaning evolves with society. Instead, she said the Constitution was “immutable” and did not change except by amendment. And she dismissed any role for foreign law in deciding cases, an influence some liberal legal experts argue should be considered.
Of course, how she testifies and how she rules might be two very different things (see Souter; or see Obama's campaign rhetoric vs. actual policies). But at least those comments above are encouraging.
Several legal experts said Judge Sotomayor’s testimony might make it harder for Mr. Obama to name a more liberal justice next time.
She repudiated the president’s assertion that “what is in a judge’s heart” should influence rulings and rejected the liberal idea that the Constitution is a “living” document whose meaning evolves with society. Instead, she said the Constitution was “immutable” and did not change except by amendment. And she dismissed any role for foreign law in deciding cases, an influence some liberal legal experts argue should be considered.
Of course, how she testifies and how she rules might be two very different things (see Souter; or see Obama's campaign rhetoric vs. actual policies). But at least those comments above are encouraging.
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3 comments:
Actually, Souter's testimony wasn't all that conservative. By the end of the hearings, several conservatives were scratching their heads and wondering aloud, "what have we actually got here?"
As for Sotomayor boxing in Obama, don't bet on it. Obama didn't want a big fight right now, while he's still pushing through his 100 days agenda. After nationalizing health care, he'll be more than ready to push for Kathleen Sullivan for Stevens' seat.
Intellectual consistency is not necessary for Dems. This time they pushed through a liberal as a faux centrist. When the candidate can't conceivably be dressed up as a moderate (a la Sullivan), they'll simply ram her down our throats with their supermajority.
That's certainly encouraging and exciting. I look forward to getting abused.
Glad to hear it. Our glorious supreme leader has a lot more for you where that came from.