Bench Memos

How the Pick Happened

ABC’s Jan Crawford Greenburg has an interesting behind-the-scenes post on how President Obama settled on Sonia Sotomayor as his first Supreme Court pick.  This bit is particularly interesting:

With the president hoping to achieve a crowning accomplishment in his first year with health care reform, advisers pointedly warned against another big fight elsewhere, sources said.

As the first Hispanic nominee, with a compelling life story and rich judicial experience, Sotomayor would be hardest for Republicans to oppose, they argued, and therefore easiest for Obama to get confirmed. . . .

Obama’s advisers also were aware of a political reality on the Left, sources said. Sotomayor has the added bonus of placating his base, which has grown increasingly angry over some of Obama’s recent positions on terrorism.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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