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Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg
Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.
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Becoming Nominee Sotomayor
May 26, 2009 3:48 PM
From the moment David Souter announced his retirement, his seat on the Supreme Court was Sonia Sotomayor's to lose.
President Obama had been “very interested” in her from the start, said one top adviser, and almost immediately, his political advisers--led by Chief of Staff Rahm Emanuel--urged him to make history by tapping the first Hispanic justice.
The selection of Sotomayor, they argued, would energize a key and growing constituency, which could well be disappointed in coming months by expected failures to get meaningful immigration reform.
But there wasn’t unanimity in the ranks. Sources close to the process said legal advisers wanted, as they saw it, a more collegial and intellectual heavyweight. They favored Solicitor General Elena Kagan, the former dean of Harvard Law School, or Chicago based federal appeals court Judge Diane Wood.
And Obama was intrigued by tapping a politician: His head of Homeland Security, Janet Napolitano, also was added to the short list.
The four went through extensive vetting, filling out detailed questionnaires with intrusive personal and financial questions, covering everything from tax information to social networking sites of their children.
They met for hours with top White House officials and vetters. Vice President Biden interviewed three contenders for about an hour: Kagan last week, and Wood and Sotomayor by phone on Sunday. (He didn’t interview Napolitano, a White House official said, because he knows her from her time at the Justice Department, when he was chair of the Judiciary Committee.)
Obama, the former constitutional law professor, personally interviewed Wood and Kagan on Tuesday, Sotomayor and Napolitano on Thursday.
According to sources close to the process, Obama focused intensely on the law during the hour-long interviews, probing the contenders for their views on the role of a justice and the institutional role of the Court. He was seeking a sense of whether they would take a pragmatic approach, as he believes is appropriate, said one source.
As he weighed the pick over the weekend, the White House already had started looking forward. Eager to have a nominee confirmed before the Senate’s August recess, officials said they took the extraordinary step of asking all four to get started filling out the lengthy Senate questionnaire.
But as the contenders over the weekend worked furiously on the Senate questionnaire, sources close to the process said there was steady and growing momentum for Sotomayor.
There also was a slightly different political argument. Advisers calculated she would be the savviest move for the President to avoid an all-out battle over his Court nominee, according to sources close to the process.
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.
Indeed, some Republican senators, while publicly vowing a fight, privately conceded the difficulties they will face in opposing the first Hispanic nominee.
Those calculations could have given her the edge over Wood, who would be more of a fight, political advisers warned, in light of her paper trail of speeches and appeals court opinions.
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.
Kagan is considered more moderate on issues of Executive Power. And, as the youngest contender at 49, she could always be in the wings for the next nomination, which the White House Counsel’s office expects to occur in Obama’s first term.
With Sotomayor’s experience and personal story, one top adviser said, “there was no question where the arrow pointed.”
And so, on Monday night, Obama made his calls to the other finalists. He was going a different direction with this nomination.
But a second vacancy could soon be in the cards.
May 26, 2009 | Permalink | User Comments (21)
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President Obama is every bit as calculating, intellectual and logical in his choice for Supreme Court Justice as Mr. Spock of Star Trek. What a brilliant move on the president’s part. The establishment of the Republican Party along with the leader of the RNC, Rush Limbaugh are already calling Ms. Sotomayor racist names and demeaning her extraordinary academic qualifications the same way they disparage President Obama. Why would any minority want to be a part of a party that believes that no matter how hard a minority person works or how brilliant they are intellectually a white male is always the better choice? The Party of No is at it again.
Posted by: V. Brame | May 26, 2009 8:02:53 PM
"a white male is always the better choice"
What divisive, dishonest rubbish. GOP presidents appointed the first woman and the second African-American to SCOTUS. And when the most recent GOP president nominated women and minorities to the federal appeals courts, they were filibustered by Democrats who did not want them available for SCOTUS nominations.
Posted by: Andrew | May 26, 2009 9:19:48 PM
Well-said Andrew. The Senate Democrats filibustered Miguel Estrada because he was a hispanic super-star and a potential supreme court nominee.
Posted by: Truthteller | May 27, 2009 12:59:48 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 all his speech. It was deeply moving-- better than Obama could ever be. She lived the experience and earned everything she did. Let her fly 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.
Then Obama asks to view the video (which would take you to his Obama site where a contribution could be made if you wish)...
If the Republicans challenge this one; kiss 2010 AND 2012 goodbye......Sorry!
Posted by: NoTelePromptNeeded | May 27, 2009 4:35:08 AM
NoTelePromptNeeded,
You guys can kiss 2010,12 and 16 goodbye no matter what you do. LoL! OBAMANATION.
Posted by: V. Brame | May 27, 2009 7:13:23 AM
ANY choice of socialist Obama's for the Supreme Court stands for the Godless destruction of unborn babies and should be stopped!
Posted by: Mihann | May 27, 2009 8:58:43 AM
hough the majority of the american public are worried about the way Bama is is dragging the country into,yet they are silent & muted.This situation must change.Public citizen must be vocal to express their displeasure by strongly opposing his policies & moves.Bama rules to please the public not the good of the country.I am really disgusted by the way he manages the country.Yea a community organizer has his limitation.
Posted by: Jorge | May 27, 2009 9:24:25 AM
mihann - you could put 9 Thomases on the court and Roe will not be overturned. Give it up already.
The biggest problem with Sotomayor is that she was picked explicitly for her race and gender. Which means that no matter her qualifications, her ability will always be in doubt. How is she going to gain the respect of her peers?
The second biggest problem with her is her past decisions. She has shown that ideology will trump law where convenient. That's not her job. If she wants to change laws, let her run for Senate.
Posted by: brian | May 27, 2009 9:33:12 AM
All the more reason for why conservative Republicans on Judiciary Cmte. should not sit still for accusations that are likely to fly fast and furious that they are prejudiced against hispanic Americans when the Dems (and the virtually entirely leftist pom pom-waving press corps) start saying they better vote for her "or else". Two words: Miguel Estrada. Ask him (or Clarence Thomas, or Alberto Gonzalez, or Condi Rice, or...or...) whether the Dems are really so concerned about policing for unjustified prejudices against hispanics and blacks in America, or whether they're fully capable of being viciously racist towards black and hispanic judges/civil servants/etc who don't 'think the right way', ie, left-wing. If Rambo thinks he can intimidate the GOP into fear of voting against a completely unqualified left-wing, polticized judge just because she's hispanic, he SHOULD have another thing coming. I say should, because, well, we all know the GOP likes to play politics by Marquess of Queensbury rules out of terrifying fear they'll be called racist among other things, while the Dems play power politics like the take-no-prisoners knife fighters that they (admirably-so in a bizarro kind of way) truly are. If the GOP doesn't fiight this nomination regardless of the unlikelihood that she'll be blocked, they are done, because millions won't vote for them next year out of contempt.
Posted by: Andrew | May 27, 2009 10:15:04 AM
Cardoza was the first Hispanic appointed to the court. Can we please dispense with the 1st (insert sexual orientation),(insert gender), (insert religious affiliation) nonsense. I thought we had since no mention was made of Bush II's appointments. While Judge Sotomayor may disagree with me, it is my view these labels are irrelevant. Talent is not. Which is my only concern regarding her appointment.
As to her initial appoint by Bush I that was the result of a deal with Senator Moynihan in an attempt to get a vote on the other appointments being held up by the Senate. I for one believe in the spoil system. Obama won. He gets to pick his Justice's. I sincerely hope my fellow Republicans will not resort to the obstructionist tactics of the Democrats in recent years (decades).
Posted by: Rick | May 27, 2009 11:16:20 AM
"one top adviser" and "sources close to the process"
Didn't I see you on Chris Matthews yesterday railing against the use of anonymous sources in the Rosen article? Who are your anonymous sources? Was it more than one source? Why the secrecy? What was their and your motivation in preserving anonymity?
Posted by: CAA | May 27, 2009 1:15:58 PM
I am thankful that the Theocrats are out of power in Washington DC.
Sotomayor is a great example of the American dream.
The radical religious right's attempt to derail her nomination will not work.
Posted by: G. | May 27, 2009 2:32:36 PM
Andrew,
Clarence Thomas is unqualified to be on the Court. He is so far over his head that he does not even dare open his mouth to ask a question. Everyone knows that. It is no secret. He is also the beneficiary of affirmative action but wants to prevent others from receiving same. He is an hypocrite and a lightweight [to put it mildly].
Alberto Gonzalez is under investigation and might be indicted for illegally firing prosecutors for political reasons.
Posted by: G. | May 27, 2009 2:37:23 PM
Why do people presume Roe will never be overturned? It is a completely stupid and nonsensical decision, and the majority of Americans support restrictions on abortion that the courts have said were unconstitutional because of Roe.
Obviously it will take a while, and it may never happen. But that is by no means certain...
Posted by: Jose Rabinowitz | May 27, 2009 2:49:41 PM
Thomas is quiet on the bench not because he can't think of a question, but because he prefers to let the lawyers have their say. His writing shows that he is at least as smart as the other justices. (Well, smarter than Stevens and Ginsberg, at least!)
Posted by: Jose Rabinowitz | May 27, 2009 2:51:55 PM
It amazes me that irregardless of how competent, qualified, educated & capable of meeting the white male in their arena you are, as a female POC, you never escape being the first____ to accomplish the task. As for Judge Thomas, in his skin of color, I'm not sure he takes that as his personal standing, it's not apparent in many of his statements. Having worked in an all male and 98% Euro environment I've witnessed the need to feel superior while producing inferior result. The good thing about a Racist, if they tell you who they are, believe them. The difficult thing to calculate is those who pretend they are not but wear the robe under their clothing.
An Aging Anti-Racist Activist
Posted by: shesawdust | May 27, 2009 3:39:05 PM
"They met for hours with top White House officials and vetters. Vice President Biden interviewed three contenders for about an hour"
That would leave the nominee about five minutes to speak.
Posted by: Tim | May 27, 2009 7:40:41 PM
Wasn't Benjamin Cardozo a Hispanic? As I understand it he was of Spanish heritage.
Posted by: Tom J. | May 28, 2009 2:06:50 AM
1- Clarence was not the most qualified person around when he was appointed, but neither was he the *un*qualified. His work since being confirmed has demonstrated intellectual vigor and reflects well on his ability.
2- Alberto Gonzales committed no crime. The US Attorneys are presidential appointees; they at the pleasure of the president. Any one of them can be fired for any reason (or no reason). I heard no one calling for criminal charges when Bill Clinton fired *all* of the US Attorneys to cover his replacing of the one investigating his wife.
Posted by: Tom J. | May 28, 2009 2:18:27 AM
i think it is ridculous that you refuse to accept the fact that other races can be the best pick . she is an intellual
heavy weight and she will hold her own
she is the best pick and being latino
is just iceing on the cake .
Posted by: donna | May 28, 2009 10:31:46 AM
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