Sonia Sotomayor And GOP Obstruction Efforts: The Bigger Picture
When Republicans and conservatives aren't on television suggesting Sonia Sotomayor isn't fit to serve on the Supreme Court (or just outright insulting her)--when they go home at night and seriously consider what's best for them and their movement--they should keep a couple things in mind:
First, that retiring Justice David Souter isn't really all that conservative. Second, that, notwithstanding her upbringing and all the cable chatter, Sotomayor isn't unusually liberal--which is to say, the political makeup of the court won't be radically altered when she replaces him. Third, that if they lock arms and pull out all the stops and somehow block her nomination, there are plenty of other liberal jurists--some more liberal than she is--to take her place.
Technically, Republicans come into the Sotomayor confirmation process in an extremely weak position. Their caucus is only 40 members large. Four of those members are women. One is hispanic. And their ranks are teeming with people who've loudly decried the idea of filibustering judicial nominees in the recent past.
Now that same crew is faced with the prospect of playing the opposition (loyal or otherwise) to a 54 year old Hispanic female with honors degrees from Princeton and Yale and heaps of experience on the bench. Not exactly ideal circumstances.
At the same time, though, they've proven perfectly willing to stand athwart other, similarly qualified Obama nominees, most of whom serve (or will serve) in the executive branch for only a few years at the most.
They've forced Democrats to file cloture on six nominees this Congress, far outpacing Democratic senators in the early days of the first Bush administration. Almost three weeks ago, they successfully prevented Interior Department nominee David Hayes from getting an up or down vote on the floor, who now waits patiently for another shot at confirmation--for basically no reason.
If that weren't bad enough, the Democrats themselves can't always be counted on to stand with their party against the filibuster, as Obama nominee Dawn Johnsen knows all too well.
But for all the Republicans' procedural trickery, for all their willingness--even eagerness--to opportunistically slow down the pace of governance, slowing down the pace of governance is just about all they've accomplished. They've expertly marshaled what meager power they have against a number of nominees, and that still hasn't been enough to force Obama to withdraw any names from consideration. (Bill Richardson, Judd Gregg, and Tom Daschle all withdrew, but for personal reasons).
So the question most likely isn't if Sonia Sotomayor will be confirmed, but how long Republicans will be able or willing to drag the confirmation process out. Gaming this out, it doesn't make much political sense for them to drag their feet too long, or too obviously, and it doesn't make sense for them to force a cloture vote unless they're sure that at least handful of their own members will vote with the Democrats. The GOP is hemorrhaging women and Hispanic supporters, and torpedoing a female, Hispanic Supreme Court nominee...well, let's just say there are better things they could do to shore up support among those groups.
How long will it take, then? As I noted earlier, the Democrats have two recent benchmarks to point to: the two months it took the Senate to confirm Chief Justice John Roberts, and the three months it took to confirm Justice Samuel Alito, filibuster and all. Much longer than that, and it'll be pretty clear that the Republicans are wasting everybody's time.
But then again, Bill Clinton nominated Sonia Sotomayor to the Court of Appeals in late June of 1997, and she wasn't confirmed until early the following October, almost 16 months later--Republicans were worried at the time that she was being primed for placement on the Supreme Court, and, over a decade later, their fears have come to pass. So she, as much as anyone, understands that Republicans will go to great lengths to delay--even if they can't successfully obstruct--nominees who they think pose a risk to conservatism.


















It's pretty clear that the GOP has no interest other than tripping up President Obama, and for no other purpose than that, on virtually any and every issue. They see their role as being in opposition for the sake of opposition. It has nothing to do with participating in the governing process. It is simply about giving him a hard time, and the interests of the country never enter into the calculation.
May 26, 2009 7:54 PM | Reply | Permalink
Yes. It's about hastening their return to power while trying to disgrace his legacy. If they can convince enough nitwits that Obama is poison for the country so don't risk it ever again, they have their Holy-Grail "permanent majority." All that interests them, as you say.
May 27, 2009 12:20 AM | Reply | Permalink
So, when does Republican obstruction become unpatriotic anti-Americanism? What happened to that old "my country right or wrong" crowd we all knew and loved?
Remember how they howled when "we" (The People)PUBLICLY challenged Bush's lies and obfuscations back after 9-11 was turned nto their propaganda tool?
More than one of the most vocal current critics of the Obama administration led that howl.
Not only are they borderline traitors, they are consumate hypocrites.
May 27, 2009 10:58 AM | Reply | Permalink
Always remember - IOKIYAR
May 27, 2009 11:05 AM | Reply | Permalink
"I hope he fails" is either borderline traitor or true-blue traitor -- not certain. I agree with everything you wrote.
May 27, 2009 1:19 PM | Reply | Permalink
[emphasis mine]
I trust you meant, "isn't really all that liberal"?Otherwise I completely miss your point.
--Kibitzer
May 26, 2009 8:59 PM | Reply | Permalink
He's not that conservative, means that really she's not so far to his left. She's not as big a change as they make it out to be and if they manage to knock this one down, the next one might be even less to their liking...
May 27, 2009 10:21 AM | Reply | Permalink
That also means the 2nd part you quoted is askew. To make the point, it might read:
"Second, that, notwithstanding her upbringing and all the cable chatter, Sotomayor herself is not all that liberal."
So yes, the point is obscured by mis-phrasing the 2nd part. I guess the overall point is that the Republicans are not sophisticated enough to realize the dilemma. But in this instance, the writer wasn't sophisticated enough to state it squarely.
May 27, 2009 10:31 AM | Reply | Permalink
Is there really a debate going on about whether or not a guy with Portuguese heritage is "hispanic?"
I suppose if we go with the original latin it could be seen as a reference to the Iberian Penisula in general, but if we use the meaning of the word in languages people speak today...
Why is this even a discussion? Why is there any question at all that "hispanic" refers to people and cultures that speak Spanish?
The Spanish definition of the word
hispanico, ca: adj. Relativo a Espana o a la hispanidad. Espanol o de la hispanidad.
In Portuguese
Hispanic
adj. hispânico, latino, espanhol; relativo à Hispânia, referente à Espanha
Maybe, on the outside, the portuguese reference could be seen as referring to a Brazilian because they are Latin-Americans(but I doubt it). But Cardozo' heritage is from Portugal.
My last name doesn't end in a vowel, and in fact it begins with a tell-tale consonant cluster "MCL" but even I am a bit taken aback that we are actually having a debate over what hispanic means.
Why not just come out and say it portagee, spic, dago, there all the same right?
Christ almighty.
May 26, 2009 9:28 PM | Reply | Permalink
Josh Marshall's ignorance in this matter and lack of basic European History or Latin American History (which to some degree affects U.S. History as is noted by the relevance of the Sotomayor story) is astounding. The idea that someone as smart as Josh thought somehow that Portugal was part of Spain (It's been many centuries) or that Hispanics included Portuguese knocked me out of my seat.
Beyond that, a European (Portuguese and Spaniards included) is viewed as "white" by Hispanics even Hispanics who are of European decent. Also, Hispanics are Latinos, but not all Latinos are Hispanic. Hispanic majorities in the U.S. are overwhelmingly non-Europeans of Latin American decent such as Mexicans, Cubans, Puerto Ricans, etc.
Benjamin Cardozo could be considered Latino (although the term in the U.S. generally refers to Latin Americans), but he is definitely NOT Hispanic. Even if the Spanish Conquest of their neighbor Portugal centuries ago stuck, and Portugal remained part of Spain, it would be no different than nominating blond-haired, blue-eyed WASP in the eyes of the majority of Hispanic-Americans. It definitely would to this Mexican-American girl.
Josh Marshall's flubbing of this subject demonstrates one point of Judge Sotomayor's strengths, and makes a case why perhaps he needs a Hispanic on his TPM staff. Put your next job posting on the NAHJ or CCNMA, Mr. Marshall!
May 27, 2009 8:00 AM | Reply | Permalink
Oh please. The definition of "Hispanic" is not as clear cut as you want to believe. Both in common and official usage it can refer to only Spanish speaking cultures or both Spanish and Portuguese and it can include the Iberian countries or not. The meaning you're accustomed to is by no means universal.
And the claim that Josh thinks Portugal is part of Spain displays a flat out lack of reading comprehension.
and @magurakurin even if I believed you were right about the definition of "Hispanic," cultural ignorance is not the same as racism. I find the implication otherwise over the top and offensive.
May 27, 2009 11:51 AM | Reply | Permalink
Whatever. Go to a National Council of La Raza, an college MECHa meeting, or even a NAHJ meeting and make that assertion. It's wrong and it matters. In essence, Josh's tone was that President Obama and all of the media in their "first Hispanic" hoopla were wrong, and that Benjamin Cordozo was actually the first Hispanic supreme.
It was wrong and he looked like a complete fool for pointing it out. I can remember visiting Portugal and having a number of quite smart friends ask if I spoke Spanish (they speak Portuguese in Portugal although it is a Romantic language). Well, Josh's mistake was in that vein.
Yet, the even stronger point is that a Puerto Rican is a lot different than a Hispanic from Europe. It's Penelope Cruz versus Rosie Perez, or Javier Bardem versus Jimmy Smits.
You might not think it's important, but a lot of us who Tom Tancredo thinks are racists do.
May 27, 2009 12:22 PM | Reply | Permalink
"Go to a National Council of La Raza, an college MECHa meeting, or even a NAHJ meeting and make that assertion. It's wrong and it matters."
It may be wrong within the context of those organizations but it's not wrong in a broader sense. The word is used in a manner that includes Portuguese speaking cultures and European countries, and not just by the Tom Tancredo's of the world.
"In essence, Josh's tone was that President Obama and all of the media in their "first Hispanic" hoopla were wrong, and that Benjamin Cordozo was actually the first Hispanic supreme."
I didn't read it that way and I doubt that's what he meant.
"I can remember visiting Portugal and having a number of quite smart friends ask if I spoke Spanish [. . .] Well, Josh's mistake was in that vein."
Which is why the post you responded to bothered me and I felt the need to respond.
"Yet, the even stronger point is that a Puerto Rican is a lot different than a Hispanic from Europe. It's Penelope Cruz versus Rosie Perez, or Javier Bardem versus Jimmy Smits."
I really don't think Josh was trying to denigrate the significance of the moment. Just add a bit of background information. And, frankly I'm not sure I follow your point. Of course Puerto Rican is different from Spanish. Puerto Rican is also different from Argentinian or Mexican. And, Spanish is different from Portuguese-American (Javier Bardem vs. Emeril Lagasse?). A Sephardic Jew whose family left Portugal for Holland 300 years ago is culturally very different from any of these. But this is a blog. Posts go up fast. Fact Checking isn't always perfect. And I think this meme had been floating around the web for a while when Josh posted.
"You might not think it's important, but a lot of us who Tom Tancredo thinks are racists do."
It's not that I think it's unimportant. And Tancredo's an idiot.
May 27, 2009 1:42 PM | Reply | Permalink
I just listened to a Podcast of last night's NewsHour where Gwen Ifill corrected one of her guests who went on a bit of a rant about how 'Benjamin Cardozo was actually the first Hispanic...' She caught it and pointed it out a lot more cooly than I have.
May 27, 2009 5:31 PM | Reply | Permalink
I read at Greg Sargent's place that the only reason Alito took 3 months is because Jon Kyl was facing a semi-difficult election and delayed the confirmation so he could spend some time in AZ (Then he came back and wanted to bust it out in a couple hours and threw one of his temper tantrums because Democrats actually wanted to ask some questions).
http://theplumline.whorunsgov.com/president-obama/kyl-on-sotomayor-slow-down-kyl-on-alito-hurry-up/
P.S. I must mention that Kyl is one of the two sitting Senators who is confirmed to have lied to the Supreme Court.
http://writ.news.findlaw.com/dean/20060705.html
May 26, 2009 11:23 PM | Reply | Permalink
The moment Souter announced his retirement the GOP started up the opposition machine. They didn't know who the nominee was going to be but, whoever it was, they were against them.
Anyone this side of batshit crazy can see that Sotomayor is a qualified, mainstream candidate who, short of a filibuster, is certain to be confirmed. Nonetheless, everybody knows that the GOP must proceed with the rending of garments in order to placate their fundamentalist Christian base, for whom judicial appointments are the end all and be all of political signifiers. The culture warriors will be righteously pissed if they don't get their confrontation with Obama's nominee...even though her appointment will likely do very little to change the status quo of the Supreme Court's ideological composition.
Maybe, just maybe, this is one time when the GOP histrionics fall flat and make them look like the fools they are. In an ideal world, the media will see a qualified judicial nominee who does nothing to change the status quo, realize the nuttiness of the sustained GOP hissy fit, tire of the whole storyline, and ridicule them appropriately.
May 26, 2009 11:42 PM | Reply | Permalink
With a name like Job Bob, you really should get yourself one o' them avatar things!
I think there will be histrionics as well, partly because they just can't control themselves and they'll come off as Latin-haters (which many are) because they are too weak, nutty, and disorganized to act in their own interests. The base will like it to some degree, of course, in part because the base likes bigotry.
May 27, 2009 1:28 AM | Reply | Permalink
"Maybe, just maybe, this is one time when the GOP histrionics fall flat and make them look like the fools they are. In an ideal world, the media will see a qualified judicial nominee who does nothing to change the status quo, realize the nuttiness of the sustained GOP hissy fit, tire of the whole storyline, and ridicule them appropriately."
Joe Bob, the Goppers are at 25% favorables nationally as a party and are, outside the South at historic lows only seen during the FDR landslide of 1936. I think it is safe to say they are already widely viewed as fools and haters by 75% of the country, and the lunacy with Sotamayor will only underscore that.
May 27, 2009 2:33 AM | Reply | Permalink
She's in like Flynn unless she is married to a crook or something. Doubt it. This will be quite anticlimactic, I believe.
May 27, 2009 3:35 AM | Reply | Permalink
This is an excellent article. It makes sense that the Republicans goal is to try to make the government ineffective when they are not in power. It is a logical extension of government not "working for the people." This is why they try to destroy government when they are in power (see Thomas Frank's book "The Wrecking Crew.") to prove the government sucks. As Frank has pointed out it sucks because Republicans are in power.
In summary, Republicans in power=destroy government, Republicans out of power=try to make government ineffective.
May 27, 2009 6:03 AM | Reply | Permalink
Ineffective when they're not in power, ineffective when they're in power. They tried to drown government in Katrina and two China-financed wars, but what they really want is to drown it in the bathtub.
May 27, 2009 8:31 AM | Reply | Permalink
Cardozo's ancestors were Sephardic Jews who had left Portugal for Holland in, what, the 17th century? And then to North America before the Revolution. Even if you believe being Portuguese somehow makes you Hispanic, Cardozo is pretty far removed from that. He's a better candidate for the D.A.R. (except for that pesky gender thing) than he is for "Hispanic" status. WTF Josh?
May 27, 2009 10:31 AM | Reply | Permalink
Are we really wasting our time debating the ethnicity of someone? WTF all of us! There are so many important things going on around us and we need to post on this minutiae? Maybe we could discuss the way Sotomayor is dismissed as just another affirmative action baby (on NPR this morning) or how empathy is being defined as a bad thing by some. Jesus people, stop giving the other side fodder to point out how ridiculous and off-point we can all get.
May 27, 2009 11:08 AM | Reply | Permalink
Every time I read that last "OUCH!" post by Josh, I lose a little more respect for him. Goodness gracious.
WTF is right–I totally agree. WTF, Josh?
May 27, 2009 11:51 AM | Reply | Permalink
Methinks I detected a wee bit of irony in the OUCH post. Didn't you? Try again.
May 27, 2009 2:56 PM | Reply | Permalink
The party of "No."
May 27, 2009 11:10 AM | Reply | Permalink
You can put any number of nominees up for this vacancy and it would not matter . . . The Repubs have only one goal for the next 4 years OBSTUCTIONISM . . .
BE SURE OBAMA FAILS! What happens in our country, good or bad, has no importance, just be certain OBAMA FAILS!
May 27, 2009 11:15 AM | Reply | Permalink
As I see it, the problem is she's fat. And not cute. We can't have that on the Supremes. It makes the rule of law look totally not cool. I want Jennifer Granholm. She's kinda hot. I think the Republicans should ask Sotomayor why she isn't hot. How can she empathize with really cool people who are totally hot if she's a cow?
May 27, 2009 11:46 AM | Reply | Permalink
SCJILF?
May 27, 2009 2:57 PM | Reply | Permalink
Here's a true test--Is she smarter than Thomas, not right wing/fascist like Scalia, smart Princeton grad,judicial activist like Roberts, less Catholic than Scalia ???
I thinks she passes all these--but does she have the fortitude to stand up to the previously named four horsemen of the apocalypse or will she wimp out like Justice Ginsburg ?
May 27, 2009 2:07 PM | Reply | Permalink
But she likes patitas de cerdo con garbanzo!! This must not stand!!!one
May 27, 2009 3:52 PM | Reply | Permalink