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Schumer: Obama Picked A Moderate...Unlike His Predecessor

If the Sotomayor confirmation process turns into a bruising fight, expect to hear a lot of this sort of framing, from Sen. Chuck Schumer (D-NY). Sotomayor, he says, "is a moderate who was selected for the District Court by the first President Bush and was confirmed with Republican votes."

Unlike the last President Bush, who solely sought nominees from the extreme right for the High Court, President Obama has not reached to the far left end of the spectrum to fill this vacancy.

It's a fair point, but as a rhetorical weapon, it's also something of a double edged sword. If Sotomayor squeaks by with the help of Democrats insisting of the importance of her moderate record, it could make it difficult for Obama to appoint anybody to her left, in the event of another vacancy on the court down the line. Full Schumer statement below the fold.

This is an historic choice, and much more. Judge Sotomayor meets three very important standards in filling this Supreme Court vacancy--excellence, moderation and diversity. First, she is a top-of-the-class legal mind who achieved the very highest honors at the nation's foremost academic institutions. Second, she is a moderate who was selected for the District Court by the first President Bush and was confirmed with Republican votes. Unlike the last President Bush, who solely sought nominees from the extreme right for the High Court, President Obama has not reached to the far left end of the spectrum to fill this vacancy.

In addition to having more overall judicial experience than anyone confirmed for the Court in the past 70 years, Sotomayor will bring an important perspective to the Court as both a woman and a Latina. Her life story, which has taken her from a public housing project in the Bronx to the finest schools in the county and a distinguished legal career, is beyond compelling. It will give the Court some needed understanding of how ordinary Americans live. Her outstanding legal mind, and her compelling life experience, is just the combination this Court needs in its next justice.

Given her track record of excellence and moderation, and her life story, it's going to be very hard for any senator, Republican or Democrat, to vote against her.


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If Sotomayor squeaks by with the help of Democrats insisting of the importance of her moderate record, it could make it difficult for Obama to appoint anybody to her left

I don't know if I agree. If she "squeaks" by, the margin of "squeakery" will probably be so slim because of Republican obstructionism. Therefore, were Obama to try and nominate a more liberal candidate in the future, the groundwork for the argument that Republicans would oppose ANY candidate nominated by Obama will have already been laid.

Provided, of course, that the Democrats know how to campaign on this issue. Given the roll out that Sotomayor just got, it's clear at least one Democrat knows how to frame things.

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Wise kitty. Obama could nominate Neutered Gingrich and Republicans would reflexively oppose him as a pinko commie socialist liberal.

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I don't foresee much blood here. As a Latina nominated by Bush I, approved by Jesse Helms, it will be next to impossible to oppose her effectively.

As for Schumer's double-edged sword, I agree entirely. Such issues will come to the fore should Obama select someone from outside the federal justice system and Ivy League: Russ Feingold, anyone?

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