Bench Memos

Fiasco for Progressives

As Senate Democrats profess how impressed they are by Judge Sotomayor’s muddled and mediocre testimony, I’d just like to highlight what an excruciating fiasco this hearing must be for all the “progressives” who were hoping and expecting that it would provide an ardent defense of their constitutional vision.  Sotomayor’s ridiculously wooden description of the judicial role makes Chief Justice Roberts’s umpire metaphor seem to have the richness and depth of a learned treatise by comparison.  And numerous Democratic senators have agreed with Sotomayor that the Constitution is fixed and immutable (so much for the “living Constitution” vision) and have purported to embrace the virtues that judicial conservatives trumpet. 

I have no illusions that a Justice Sotomayor will be anything other than a reliable vote for liberal judicial activism.  But no matter what the final vote is on her nomination, this hearing will make it harder (politically more costly), not easier, for President Obama to nominate a candid progressive to the next vacancy.

Most Popular

Law & the Courts

The Real Reason for That Kavanaugh Smear

The New York Times on Saturday joined The New Yorker and many other media outlets in upending a dumpster full of garbage on its own reputation in an effort to smear Brett Kavanaugh. After more than a year of digging, the Democrats and their media allies still have no supported allegations of sexual misconduct by ... Read More
Politics & Policy

CNN: Everything but the News

For a while, we thought MSNBC had temporarily usurped CNN as the font of fake news — although both networks had tied for the most negative coverage (93 percent of all their news reports) of President Trump’s first 100 days in office. A cynic would argue that CNN had deliberately given Trump undue coverage ... Read More