Justice Sotomayor?

Today, I read an article from the New York Times that dealt with the strategy and decision-making that went into the process of selecting Sonia Sotomayor as the nominee for the Supreme Court. (Source: http://www.nytimes.com/2009/05/28/us/politics/28select.html?_r=1&ref=politics). With much of the recent news focusing on President Obama's judicial nomination, the public is being exposed to a wide assortment of information that tends to say very different things. This particular article focuses mostly on the preparation that went into the president's decision, from soon after he was elected up until recent events. Only a few weeks after being elected, President Obama began developing an idea about who he would nominate if a position would become available. Throughout the entire process, Obama often felt drawn to Sotomayor. Chief of Staff, Rahm Emanuel, essentially said that she was always the favorite, and the only way that she would not have earned the nomination was if she were somehow knocked "off the pedestal." The administration also asked that "activists not ... lobby for their favorites in the news media or talk down candidates they opposed." Nonetheless, Obama called every member of the Judiciary Committee, and Senator Grassley (R - Iowa) mentioned that this was the first time in 29 years that a president had contacted him about a nomination. Obama also called around in order to double-check her reputation among others. Unlike the drama that occurred during the episode of The West Wing, the Obama administration was prepared well in advance, even before Justice Souter announced his retirement. Everything about this decision seems to be very strategic and well-thought-out. The journalists, Peter Baker and Adam Nagourney, seem to have a positive tone about this fact because they thoroughly reported on the intricate details that the administration focused on throughout the nomination process. They appear to be in support of the president and his decision, for they covered the topic adequately while not mentioning any of the negative reactions that people are having in the media these days. Many people are concerned about her potentially racist remarks (among other things), yet this article did not touch on this issue at all. Surely, the administration new about her background and her various works, but this piece does not state whether the president thought this was a major concern or not. Instead, the article deals more about the behind-the-scenes work and the thorough job that Obama and his team did.

Between this article and the video from Politico, Sotomayor's experience seems to stack up to many of the other qualified possibilities. President Obama said that she not only had a "brilliant" legal career, but she also acquired wisdom from "an inspiring life journey." Her career spans three decades and includes time with "almost every level of our judicial system." In the Times' article, a Harvard law professor said that Obama considered five main points: age, experience, independence, confidence, and diversity. At the age of 54, she appears to exemplify these qualities. She would certainly have an impact of the court for many years to come. As we discussed in class, she tends to be a moderate, which usually creates less controversy. Unfortunately for Sotomayor and many Democrats, her confirmation is already being contested in the media before the Senate has even had a chance to meet with her. In the Politico clip, President Obama said that a judge ought to recognize the limits of the judicial role and understand that a judge should only interpret, and not make, laws. However, a video found within the Times' article shows Sotomayor making a comment about the court of appeals being a place where policy is made. Others feel that she should not rely so much on empathy when she makes decisions. On top of that, some individuals (including Rush Limbaugh, Newt Gingrich, and former representative Tom Tancredo) have found one of her previous statements to be rather racist in nature. In talking about how her past life experiences help her make wise, informed decisions, she brought race into the picture. One caller to CNN posed the question of whether or not Obama would have nominated Sotomayor if she had said that her background made her more qualified than a black man. I find it very interesting that race continues to be such a prominent issue in our culture. The commonsense solution is to simply have people stop considering race, but people refuse to accept that as a viable option. Instead, people believe that the way to overcome racism is to continue to consider race until conditions are equal. One guest on CNN went further with regards to Sotomayor by saying that a group she is affiliated with goes as far as to promote Hispanic rights over other rights. These are just some of the important issues that will be talked about until the Senate makes a decision regarding this nomination. While the New York Times' article overlooks some of these criticisms, it does point out the long road that has led up to this point before we approach the even more difficult path ahead.