GOP to Label Sotomayor as ‘Activist’
Email ABC News’ Jonathan Karl reports: Republicans are prepared for a major confirmation showdown over the Sotomayor nomination. At the start, Senate Republicans will likely make innocuous statements about the need to thoroughly review her record, but make no mistake, GOP leaders, with a big assist from outside conservative groups, will wage a vigorous campaign against this nomination. In fact, key Senate Republicans are already on record voting against Sotomayor. When President Bill Clinton picked her for the U.S. Court of Appeals for the 2nd Circuit in 1997, Republicans blocked her nomination for more than a year. Ultimately she was confirmed, but 29 Republicans voted no, including Mitch McConnell (now the Republican leader) and Jeff Sessions (now the ranking Republican on the Judiciary Committee. “President Obama could have chosen a consensus candidate,” says a top Republican Senate leadership aide, “but he did not.” For Republicans, Sotomayor was the most controversial of the names widely reported to be on Obama’s short list. Senate Republicans don’t expect to defeat the Sotomayor nomination. But they hope to raise enough questions about the nomination to make it a tough vote for Democratic Senators in more conservative states. They will also use the confirmation battle as an opportunity to motivate a demoralized Republican base. There’s an obvious political risk for Republicans in all of this. If they have any hope of regaining political power, Republicans need to make inroads among Hispanic voters. Strenuously opposing the first Hispanic Supreme Court nomination, isn’t going to help accomplish that.
Here are some of the key points Republicans will make against Sotomayor: They will call her an “activist” judge intent on making law from the bench, not interpreting law. As evidence of her “activist” philosophy, conservatives point a statement she made in 2005 that “court of appeals is where policy is made. I know this is on tape, and I should never say that because we don’t make law. I know. O.K. I know. I’m not promoting it. I’m not advocating it. I’m — you know..” You’ll see THIS CLIP a lot. Republicans will also make much of a 2002 speech Sotomayor made, saying that the sex and ethnicity of a judge “may and will affect our judging.” She said: “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” Republicans say that four of her opinions have been heard by the Supreme Court and that all four were overturned. Conservatives are also pointing to an article in the liberal magazine The New Republic by Jeffrey Rosen entitled, “The Case Against Sotomayor.” The article is stuffed with anonymous sources saying Sotomayor has temperament issues and is not an intellectual heavyweight. Although it is highly unlikely that Republicans can defeat the nomination, they can make it extremely difficult for President Obama to reach his goal of confirming Sotomayor before the Senate’s August recess. –Jonathan Karl
Sen. DeMint: GOP Race Could Go Until Convention 
Obama Avoids Questions on Contraception Rule
Very sick of the whole Republican Party and all of their roadblocking.
Posted by: firstadem | May 26, 2009, 10:45 am 10:45 am
Wow! Someone cut from the common cloth of the American journey that knows what so many Americans are going through, today, having been there, herself.
Too often judges get lost in country clubs and high-end and often isolating surroundings that those who would influence them offer so smoothly and quietly, that one wonders why a poor person would even seek justice in such courts knowing that they cannot engage the services of a Harvard-educated lawyer to defend them. So, they lose, in court and in society and more often find themselves in jail while Enron execs and Wall Street investment bankers get government–and court ordered–findings and rewards for greed corruption, and shafting the American tax-payer.
Could this nomination be a refreshing change to an out-dated and irrelevant Court?
Hope so.
Posted by: cieocom | May 26, 2009, 10:55 am 10:55 am
Lay waste to the GOP! They are fast becoming all that is despised about this Great Nation. 18 more republican senate seats on the ballot in 2010. All of them need to go!
Posted by: rightbehind | May 26, 2009, 11:11 am 11:11 am
Hey Republicans: This is the same woman George HW Bush nominated and got a lot of Republican votes years ago…
Cat got your tongue?
Posted by: Barb | May 26, 2009, 11:19 am 11:19 am
Are any of you using your brains to think???? If this woman or anyone is appointed to the SCOTUS she has a free ride for life…we don’t get to say in 4 yrs…oops made a mistake, vote that one out…this decision affects generations…so EVERY detail about her should be examined…get over the rep/dem crap and open your eyes!
Posted by: samhiguchi | May 26, 2009, 11:23 am 11:23 am
To some extent, Obama may have selected her to pick a fight with the GOP to set them up as ultra conservative idealogues who are intent on seeing their form of conservative evangelical activism law.
Scalia, Alito and perhaps Roberts all use the richness of their lives, religious believes and experiences in making their decisions.
The court has too much of a hard right balance and its time to move it to teh center.
Lets hope in their dissent the GOP put legitimate positions out in front and not the hardliner Rush and Cheney demogory they are so famous for doing. Thsi might just put the GOP further out of touch.
Posted by: scott jeffries | May 26, 2009, 11:24 am 11:24 am
ATTACK ATTACK Thats all Republicans Know how to do, Lord Knows they dont know how to be Bi Partisan And work together for the Good of the Country ugh I AM SO FED UP WITH REPUBLICANS Lets keep them out of power where they belong!
Posted by: Angie in Pa | May 26, 2009, 11:39 am 11:39 am
A partisan fight over a supreme court appointee – this is news? The quotes are hardly incriminating, although they show a bit of that clumsy candid honesty streak that help sink Bork. And since she is a left leaning judge, it is hardly surprising that the Supremes overturned 4 of her cases. Actually, it’s a mark of her centralism that they never touched more of her cases.
Posted by: jhw539 | May 26, 2009, 11:45 am 11:45 am
Let the Repub has beens, naysayers, sour grapers hit the road, Jack. We need to get 60 Dems in the Senate (the Michigan decision has been delayed too long). This nominee will, I believe, serve the Constition and the Country well. To Hades with the Repubs.
Posted by: Wallace | May 26, 2009, 11:50 am 11:50 am
One line of attack mentioned by Repubs is that Obama could have chosen a “consesus candidate but he did not.” Because Sotomayor being appointed to positions by both President George H.W. Bush and President Clinton, meaning she previously had bipartisan support obviously means she is not a consensus candidate. And then the repubs biggest source of attack against her is an article by Jeff Rosen packed with anonymous sources, sources that offer opinions of her, but that article is practically fluff due to its complete utter lack of facts. Anonymously offered opinions don’t exactly carry much weight in my opinion, which will promptly be ignored by those who disagree with me…See I’m right.
Posted by: Ordermonger | May 26, 2009, 11:54 am 11:54 am
Wallace:”(the Michigan decision has been delayed too long)”
Minnesota, and the state supreme court decision is expected mid-to-late next month. Of course, it’s almost guaranteed that Republicans will appeal to the Federal Supreme Court to eat up more time, and the Federal Supremes may be just conservative enough to footdrag it out a few more months (although I doubt they’d risk the damage that throwing the election results out would do).
Posted by: jhw539 | May 26, 2009, 11:56 am 11:56 am
would anyone think there’d be support from the GOP?
I’m eagerly waiting for another
[non]news conference from Cheney.
Posted by: gus amaral | May 26, 2009, 11:58 am 11:58 am
“Temperament issues”? Anyone ever listened to or read Scalia?
Posted by: Brooklyn Democrat | May 26, 2009, 12:07 pm 12:07 pm
Go ahead Republicans Drive More woman away From your Party not that Many support you Know Go ahead Drive More Hispanics away Attack this Woman i beg you so you really can become Extinct in 2010!
Posted by: Angie in Pa | May 26, 2009, 12:10 pm 12:10 pm
The article in the “liberal” New Republic? This “tip sheet” is showing itself as an organ of the Republican Party more and more each day. To think “The Note” used to be a worthwhile read, now it’s nothing more than an online gossip column.
Very, very pathetic as usual.
Posted by: Bob Lees | May 26, 2009, 12:33 pm 12:33 pm
Geez, I think Obama could nominate Jesus Christ himself for something and the GOP would make it a battle… because they are nothing but Grandstanding Obstructionist Posturers. No substance whatsoever.
Posted by: RSC | May 26, 2009, 12:38 pm 12:38 pm
Interesting article. I did not read any pros about Sotomayor in here at all. Just what the GOP will do to block her. Alright, lets talk about that then.
Lady Justice is (or should be) blind. Hence the blindfold on the statue in the courthouses.
Does anyone believe in that anymore? Is that an antiquated notion, that a Judge should not take into account race, sex, social class, or anything else?
The whole idea of the Constitution is that everyone is on the same equal ground. We know the laws, and they are applied equally.
But it sounds like Sotomayor is going to give preference to Women and Hispanics, and everyone is OK with this?
Posted by: Richy | May 26, 2009, 12:46 pm 12:46 pm
It would be hypocritical of the republicans to simply stand by during the confirmation process. First of all, it is the job of Congress to analyze appointments made by the president and to block them if they feel it’s in the best interest of the country. Second, why would they suddenly approve of a candidate they previously blocked …. especially when one of her major/controversial cases is now under review in the U.S. Supreme Court on appeal? Republicans are doing the right thing here. People need to stop being so partisan and simply let Congress do it’s job.
Posted by: A word from me | May 26, 2009, 12:48 pm 12:48 pm
A brilliant “strategic move” on Obama’s part this is”. (pardon the Yoda-ism) Sotomayar is an intellectual who happens to be Latina. The GOP is being positioned for more embarrassment when they proceed to attack her background. This is one for the books. Mister President, you are a true tactician.
Posted by: Alberto | May 26, 2009, 12:54 pm 12:54 pm
“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion [as a judge] than a white male who hasn’t lived that life.” – Sotomayer.
Posted by: d | May 26, 2009, 12:55 pm 12:55 pm
Sotomayer will not be fair. How can she when she is biased towards white males?
Posted by: d | May 26, 2009, 12:56 pm 12:56 pm
Go ahead Republicans make our day and shoot yourselves in the feet again by opposing a female, GH Bush appointed, vastly experienced, hispanic federal judge with a stellar record. How many bullets do you have left in that 44 magnum? Seems like an endless supply to this independent voter…
Posted by: bebop | May 26, 2009, 12:58 pm 12:58 pm
Keep this one (1) on your radar-screen; Caucasian Females are Heavily Under-Represented on the Supreme Court!!! Odds are one (1), if not two ( 2) of the next Appointments (of “the Best & the Brightest”) will get them “caught up.”
Posted by: bobj72 | May 26, 2009, 1:10 pm 1:10 pm
Same answer from the party that can only say 1 thing – NO. Will the repubs be around to help this country is any way, shape or form? If we take their answer, NO!
Posted by: raggmopp | May 26, 2009, 1:14 pm 1:14 pm
Does it seem like the GOP is turning sexist? First they attack the first woman speaker of the house, Nancy, and now this woman. Must be that good ole’ boy southern thinking that a woman’s place is barefoot in the kitchen. My, my they are so backward! Funny they liked Palin…but I guess she comes across as the soccer “mom” so that’s ok.
Posted by: Sexist GOP | May 26, 2009, 1:17 pm 1:17 pm
Socialism isn’t cool anymore.
Posted by: SocialismSucks | May 26, 2009, 1:33 pm 1:33 pm
Sexist GOP — The GOP never criticized Pelosi as a woman, they give her the same critical attention they would give anyone in her position. Not criticizing her BECAUSE she is a woman and treating her differently because of her gender would be sexist.
As for Sotomayer, I haven’t head one member of the GOP say that she shouldn’t be a justice because she is a woman. Their reasons are based on her legal rulings and political views and the fact that one of her controversial recent rulings is headed to the Supreme Court.
I’m not a huge GOP supporter, but I see no point in people like you making things up.
Posted by: try to be logical | May 26, 2009, 1:50 pm 1:50 pm
Republicans still seem to cling to the fantasy that they are somehow relevant and powerful.
Posted by: Jordan | May 26, 2009, 2:23 pm 2:23 pm
Straight from the Bronx ghetto, to schools with honor…. a fatherless “Rican” fighting for her place in an American system of Anglo-white male society to BECOME a Judge on our Highest Courts……Priceless. Brilliant….Finally an America that is One Nation, Under God.
Posted by: tychisum | May 26, 2009, 4:40 pm 4:40 pm
Seems as though Capitalism failed you and me….but anyway Republicans can “trample” on her if they want….go ahead and “cover your graves”.
Posted by: tychisum | May 26, 2009, 4:42 pm 4:42 pm
Prolong her confirmation, and “cover” your graves. Welcome to the Real America, you Fakes.
Posted by: tychisum | May 26, 2009, 4:44 pm 4:44 pm
The Republican Party is a prime example of “Man’s Inhumanity to Man.”
Posted by: Dorie | May 26, 2009, 5:01 pm 5:01 pm
The GOP, in attacking Sotomayor, may be painting itself further into a corner. Opposition may appeal to the Southern white bigot base, but their opposition will likely further alienate the hispanic segments of our population from the Republican Party. If the GOP keeps offending hispanics, they will never win another major election. They are cutting their own throats just so they can worship at the pedestal of white reactionary bigotry. They are making themselves look really stupid, since George H.W. Bush appointed her in the first place and many Republicans voted for confirmation when she was put into the Federal court system as judge.
Let the nativist reactionary base squeal. They are in the minority this time and their constant opposition to everything Obama is making them look really isolated and bad to most of the country. The GOP is fast becoming a marginalized, regional party of whitist authoritarian ingrown complainers.
Posted by: JL | May 26, 2009, 9:52 pm 9:52 pm
Why was there no defense for Clarence Thomas? He came from much more meager circumstance than this woman, but since he was conservative in ideology he got held to the fire, and this woman isn’t supposed to because… why? If she is to be on the HIGHEST court of the land, she needs to be scrutinized as much as ANY OTHER NOMINEE. Humorous how things get switched based on ideology…
Posted by: PastorChuck | May 27, 2009, 12:41 am 12:41 am
OOOOH beautiful!! I have a lot of friends that were voting republican because they thought they held up our best interests. It’s been one day and most of them are stating they will never vote republican again!! Thank you Mitch McConnell. Us Dems owe it all to you.
Written by a LATINO from Texas!!
Posted by: FredM | May 27, 2009, 3:24 am 3:24 am
Regarding Sotomayor: If it wasn’t for George H.W. Bush (1992) initially, and William J. Clinton (1998) appointing Sotomayor to Federal and Appeallate benches, Barack Obama wouldn’t have even considered her. That being said, Obama knows that he is behind the “8 Ball” regarding Latinos; what better way to ‘earn’ their vote (perhaps trust as well) than to appoint a HIGHLY qualified Female Latina. I’m African-American, and I knew that a Latina would be selected. I have no qualms regarding this; my concern is how Obama is gloating this “selection” (he looked like it!), carving her story into his own speech (sigh). I wanted him to remain silent so I can hear the lady w/o the POTUS repeated rhetoric.
Sotomayor was deeply moving– better than Obama could ever be. She lived the experience and earned everything she did. Let her soar w/o Obama riding her Supreme Court robe coattails ;D…..
C’mon– If Hillary Clinton, Biden, or even Bill Richardson or John Edwards were president, they (more than likely) would have been considering Sotomayor as well. Obama and his Chicago/Washington D.C. “Cabinet Think Tank” (Mafia!!) are working on his re-election in 2012 already– and he NEEDS the Latino vote.
I have already received a “message from President Obama”:
I am proud to announce my nominee for the next Justice of the United States Supreme Court: Judge Sonia Sotomayor.
This decision affects us all — and so it must involve us all. I’ve recorded a special message to personally introduce Judge Sotomayor and explain why I’m so confident she will make an excellent Justice.
Please watch the video, and then pass this note on to friends and family to include them in this historic moment.
If the Republicans challenge this one, kiss 2010 AND 2012 goodbye……Sorry!
Posted by: NoTelepromptNeeded | May 27, 2009, 4:50 am 4:50 am
Go ahead Repubs, make a big fuss over this, and let the people see what whiney obstructionist nay-sayers you are. A Court composed of white men cannot give the justice of a diverse court. It’s not racism, it’s reality. Americans realize this.
Posted by: fuzzy | May 27, 2009, 8:13 am 8:13 am
The GOP – they’re such a bunch of knuckleheads
Posted by: Bob | May 27, 2009, 8:40 am 8:40 am
No surprises that the Grand Old ‘Party of No’ supporters are against this woman. After all, she was picked by Obama. Fortunately they are STILL out of power, out of favor, and out of ideas. Let’s hear it for the face of the New Republican Party: Gingrich, Cheney, Rove, and of course the Mouth of the party, Limbaugh. Don’t forget their beotch, Coulter. (And they apparently really, truly cannot understand where they went wrong. Amazi
Posted by: SearamblerOne | May 27, 2009, 8:54 am 8:54 am
Each of us is the sum total of our lives. We bring to any decision we are required to make our knowledge and our experiences. We are human. We are not robots.
The only reason a computer can ordinarily work more efficiently is that it cannot be distracted by activities going on around it. It is programed to do certain things in a certain way. Have you ever tried talking to one of those computer generated voices on the phone? Then you know what I mean.
We do not have robots on SCOTUS for good reason.
The Constitution is the highest law of the land. All other laws must conform to it. Judges will do just that, but not in a cold robotic manner.
Let’s hope the Senate will do the same.
Posted by: George | May 27, 2009, 9:14 am 9:14 am
I guess the Republicans equate this fight with Showdown at the o.k. corral. They would be wise to be careful with this nomination as it could backfire on them Did anyone think Rush/Hannity/Coulter/Rove would not bash her? They started a week ago but what surprises me is the lengths they are going with those horrible t.v.ads. They be better off saving their money for re-election..they are going to need it if they fight this one. Why would anyone listen to Rove, puzzles me anyway, he is such a liar and has nothing of substance to stand on. I’m glad I got out from under the republican blanket…I like to think for myself and I don’t like being told who is a good person or for whom I could vote.
Posted by: talmag | May 27, 2009, 11:04 am 11:04 am
The whole bias argument is ridiculous. Everyone’s background is different and brings that with them wherever they go. It influences them. The judges on the court are not robots or umpires (like Roberts seems to think). They all bring different life experiences and interpretations of the law.
I think the quote everyone is talking about (her vs a white male with no experience) is important. She should explain what she meant by this. I interpret it as having life experiences helps when it comes to making legal decisions. Supreme Court Judges are NOT robots and definitely not umpires.
Posted by: Mike | May 27, 2009, 1:41 pm 1:41 pm
JL – Clarence Thomas was much different….He was accused of sexual harassment by Anita Hill. Do you remember that? That was a big deal!!! I still can’t believe he got confirmed.
Posted by: Mike | May 27, 2009, 1:45 pm 1:45 pm
I think this is a political move for Obama, but i totally disagreed with this nomination,she is not the most qualified candidate, today i received emails from the Obama camp trying to rally up pubilc support for this nominee, It’s up to the congressional hearing to reject or accept her nomination, the public knows noting about this woman apart from the fact that she was born in the Bronx NY, US supreme court nominee is more that being born by a single mom or born in NY or California, so far I am not impressed with her qualities, the public is being blind folded by the OBAMA camp and i think it’s unfair. the nomination should be about the best person to interpret the Law rather than ethnicity, i think this nominee is just to please the Hispanic voters and minorities, Wrong Move Obama
Posted by: sunday sunshine | May 27, 2009, 1:48 pm 1:48 pm
Wow, there are not very many conservative or central view points in this list of crap above. If the quote about white males is true she is saying that she will be biased towards her sex and race. How is that a good thing? The country needs good honest people in Washington, this appointment does not seem to be taking us in that direction. At least from what the article says. It seems that people on the left and people on the right are all wrong. The center is where it is at. The center is not represented by the posts above. If you think that no republicans and all democrats is a good thing then you are a fool!
Peace
Posted by: shane | May 27, 2009, 2:36 pm 2:36 pm
Hey Larry, I don’t think that Liberals are overly concerned with protecting the constitution. I have no love for the extreme right either, but with the current political situation the country stands to loose a lot. We may gain a few good things but that could come at a very high cost!
Posted by: Shane | May 27, 2009, 3:04 pm 3:04 pm
I can also see the Hispanic community taking a really personal approach to any attempt by the republican party to block this nomination. It is not new for the Latinos to feel relegated, used and abused by the republicans. The average everyday Hispanic does not believe in the republican party anymore. Latinos know very well political facades; (a candidate whose only qualification was that it was a woman? a black leader that they can’t wait to get rid of?), empty games and empty promises.
This would only solidify the idea that the republican party not only is the party of no, but also that it is a narrow minded party. A party of intolerance that will go to great extends to pursue a “political achievement” over a greater common good. Even if it means pushing aside (once more) someone highly qualified but that won’t merge well with their obsolete political agendas.
Posted by: Karl | May 27, 2009, 3:12 pm 3:12 pm
Let’s be sure to make as much NOISE as the minority tongue wagging GOP. The Repubs actually think Ameicans are ignorant, with little memmories. Indepentents and Demorats must be sure to make as much press as the losers. It only takes a SMALL but VOCAL minority to make things bad for the decent majority.
Posted by: Ed Reynolds | May 28, 2009, 1:31 pm 1:31 pm
The GOP has lost its mind I just can’t figure them out and I can normally figure out groups and people. They are hoping for an I got ya, but they don’t seem to realize that one I got ya is not enough it will take dozens to help them. It seems the Republicans shoot themselves in the foot and can’t figure out why they are bleeding and hurting.
Posted by: Ant | May 28, 2009, 1:40 pm 1:40 pm
Sexist GOP
It is impossible to assess any woman or member of any minority based solely on merit? Race and gender have to be issues? Is that what you are trying to say?
Speaker Pelosi can’t be judged on merit the same as a man would be? She has to be judged differently because she’s a woman?
Should we consider Judge Sotomayor to be a woman or a minority? Surely you want her to be treated differently but how?
Why not have a level playing field and be fair. Pelosi has attempted to violate the Constitution. Judge Sotomayor wants to legislate from the bench and has made racist remarks. I don’t see that race or gender has anything to do with it. Anyone who does see things as purely racial or gender issues may want to take a long look in the morror.
Posted by: Oonogil | May 28, 2009, 2:49 pm 2:49 pm