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GOP to Label Sotomayor as ‘Activist’

May 26, 2009 10:07 AM

Karl_2 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

May 26, 2009 | Permalink | Share | User Comments (50)

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Very sick of the whole Republican Party and all of their roadblocking.

Posted by: firstadem | May 26, 2009 10:45:00 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 10:55:14 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 11:11:36 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 11:19:07 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 11:23:45 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 11:24:38 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 11:39:28 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 11:45:03 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 11:50:43 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 11:54:25 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 11:56:46 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 11:58:48 AM

"Temperament issues"? Anyone ever listened to or read Scalia?

Posted by: Brooklyn Democrat | May 26, 2009 12:07:37 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 12:10:09 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 12:33:52 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 12:38:01 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 12:46:52 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 12:48:10 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 12:54:10 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 12:55:04 PM

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