Sotomayor Spark Lights Intra-GOP Conflagration
After a week of escalating race and gender rhetoric from the right over the Sotomayor nomination, it's now looking like some in the Republican Party -- those concerned with actually getting elected -- have become alarmed by the political damage the more extreme members of their party may be doing and are moving to rein in the vitriol. It's the starkest example yet of an interesting division within the right, one that has been apparent for some time, but which the Sotomayor nomination has not only crystalized but accelerated: the right-wing bomb-throwers obsessed with ideological purity versus the right-wing pragmatists who want the party to actually win election again some day.
Make no mistake -- all of these people are staunch conservatives. While the bomb-throwers include folks like Rush Limbaugh, Newt Gingrich and a colorful cast of other players, the practical folks include the likes of Sen. John Cornyn (R-TX), RNC chairman Michael Steele, and pundit Peggy Noonan.
Where you stand depends on where you sit: If your job is to whip up publicity and/or money, then haranguing on Sotomayor is the way to go. But if your job is to not alienate key groups of voters and to work to bring them back, it's a different story entirely.
Let's compare and contrast.
In his initial reaction on Tuesday, Limbaugh called Sotomayor a "reverse-racist" and demanded that the GOP "go to the wall" against her. The next day, Gingrich said she is "Latina woman racist" who should withdraw. And yesterday, former Rep. Tom Tancredo (R-CO) made the interesting claim that she belongs to the "Latino KKK without the hoods or the nooses, a reference to her membership in the National Council of La Raza, a longstanding civil rights group. (Really, without the hoods and nooses, what do you have left?) And as we've documented, there is a cottage industry on the right dedicated to raising money to oppose her.
But let's take a look at the other side of the coin. In the last 24 hours or so, some big-name Republican voices -- including people who are actually responsible for the day-in and day-out tasks of rebuilding a broken party and getting back into government -- have stepped in to dial this stuff back. They clearly understand just how destructive this kind of rhetoric is.
Sen. John Cornyn (R-TX), who represents a state with a large Hispanic population and is responsible for the Senate GOP's campaign in 2010, has denounced Gingrich and Limbaugh. Cornyn appeared yesterday on National Public Radio -- note the high-brow venue -- and said: "Neither one of these men are elected Republican officials [and] I just don't think it's appropriate and I certainly don't endorse it. I think it's wrong." A possibly key statistic here: Cornyn won re-election in 2008 with 36% of the Latino vote -- a very good number for a Republican, especially one whose Democratic opponent was a Hispanic state legislator and Iraq War veteran.
Michael Steele gushed this morning, "I'm excited that a Hispanic woman is in this position," and that the party should not be "slammin' and rammin'" Sotomayor, but construct arguments against her on purely substantive grounds.
Peggy Noonan was on Morning Joe today, and urged Republicans to above all else not make this about name-calling, and to instead make this a serious discussion about the difference between liberals and conservatives on judicial philosophy. "What I think should be happening here with Sotomayor," Noonan said, "is that the Republicans take it as an opportunity to be serious. Be calm; be judicious, don't be on the attack."
This new establishment push may have had an effect on the bomb-throwers, too. MSNBC correspondent Savannah Guthrie reported just this morning that Wendy Long, one of those big anti-Sotomayor organizers, sent her an e-mail. Guthrie said the message complained that "somehow this important debate is turning into an argument about race and identity politics, and they really want it to be about Sotomayor's record."
And at the end of the day, let's also remember that the "fight" of the Sotomayor is more theater than an actual high-stakes debate. Sen. Jeff Sessions (R-AL), the head Republican on the Judiciary Committee, admitted two days ago that he didn't see an actual filibuster in the works. And Sen. Orrin Hatch (R-UT) yesterday told CNN essentially the same thing -- that Sotomayor will be confirmed barring some unforeseen disqualifying circumstance.
So if it's all about performance, the debate is really about what kind of performance the GOP should put on -- one to rally the base, or a more respectable show to attempt to win back previously lost voters.


















"somehow this important debate is turning into an argument about race and identity politics, and they really want it to be about Sotomayor's record."
It's a mystery, isn't it, how this debate "somehow" got turned into a race and identity discussion? Just a perlexing mystery, that's all.
Yesterday's NPR interview was notable not just for Cornyn's remarks about the racism charges, but also because he was forced to acknowledge that Samuel Alito had specifically mentioned his ethnic background, and that he always thought of his family members' experiences with discrimination.
May 29, 2009 12:25 PM | Reply | Permalink
Thank you for pointing that out about Cornyn and Alito. I wish that story were getting more MSM play. Seriously, his party's hypocrisy here cries to heaven. "Do as we say, not as we do (and forget that Golden Rule stuff)."
May 29, 2009 12:46 PM | Reply | Permalink
Let the GOP continue to discuss the identity politics issue, they are losing on it and further narrowing their base to their rump of bigots.
The longer this goes on the harder it is going to be for the GOP to derail the nomination. After Limbaugh and co have come out with their racist rants, any GOP filibuster is going to appear to be part of their campaign.
I would not be surprised if in a few weeks we hear the GOP suggesting bringing the confirmation hearings forward to be over with them.
I don't think many people who are not dittoheads have missed the fact that Limbaugh is a racist and that these accusations of racism are simply another code for playing the race card.
May 29, 2009 1:06 PM | Reply | Permalink
Actually, it is. Rachel and Keith mentioned it on their shows. Mitchell did on her show and I think I heard it on CNN and the MSNBC by various anchors. As I do not watch Fox, I haven't a clue, but I doubt it was mentioned.
May 29, 2009 1:46 PM | Reply | Permalink
I am a Republican and have been disgusted with the racist comments by so many Republicans. I have always thought we could count on these two to make reasoned comments that speak to the issues and not of descent to hysteria. Thank you both for staunching the madness we have heard from a bunch of racists. If Republicans ever want to win back any seats in both houses, they better look long and hard at this racist horror they are participating in. And I wish they would stick to facts. They made exaggerated claims about the percentage of overturned decisions by this nominee all the while, her average is well within the acceptable range for all judges. It all looks so political and racist.
May 30, 2009 8:03 PM | Reply | Permalink
But that fact about Alito was brought up by the interviewer! That was good journalism!
May 29, 2009 1:09 PM | Reply | Permalink
That's exactly what I thought, TheraP. Thank you, Melissa Block, for being a journalist, and not just playing one on the radio.
May 29, 2009 1:19 PM | Reply | Permalink
It's so rare these days, I was dumbfounded! :)
May 29, 2009 2:04 PM | Reply | Permalink
My take is that Block didn't go far enough, probably because she didn't read the whole speech either. Oh well, expecting real journalism is perhaps a bridge too far.
May 29, 2009 3:49 PM | Reply | Permalink
But the sadder commentary is we now have to remark when a journalist actually does their job.
May 29, 2009 4:48 PM | Reply | Permalink
>>right wing pragmatists>>???
As if there's any such thing!
May 29, 2009 12:25 PM | Reply | Permalink
Sure there is. Torture is effective, so let's use it. Very pragmatic.
May 29, 2009 12:35 PM | Reply | Permalink
Another very good article, Eric.
May 29, 2009 12:48 PM | Reply | Permalink
What the future holds for the GOP: The rightwing nuts will purge the incumbent Repug moderates (aka RINOs) at the primary level, where the freepers and dittoheads reign. Come November, the rightwing extremists will get clobbered by any Democrat who tilts to the center.
The Republicans will have ideological purity, but little political clout.
May 29, 2009 12:55 PM | Reply | Permalink
Not that there is anything wrong with that.
May 29, 2009 12:57 PM | Reply | Permalink
Ha ha. We can only hope it is too late for the GOP to undo the damage done to their brand. It's El Rushbo's world, GOPers... you just live in it!
Great article.
May 29, 2009 1:02 PM | Reply | Permalink
It's like a prize fight: Media v Votes!
May 29, 2009 1:02 PM | Reply | Permalink
Wow ! Every time I look at a picture of good ol Rush, I think, what an asshole !
May 29, 2009 1:05 PM | Reply | Permalink
Gotta give a shoutout here to Keith Olberman and the little bouncy graphic of Rush that appears lower right whenever Countdown is doing a Limbaugh piece.
Fan-frickin-tastic!
May 29, 2009 1:35 PM | Reply | Permalink
What's wonderful about this is apparently they, even though they are the right age most of them, never learned their lesson from or watched enough 1950's style horror movies at the local Odeon. The deal is once you create a monster, it WILL turn on you. These same jerks are the ones who gladly allowed, encouraged, enabled, and benefitted from rush and the rest of the elmer gantrys of the conservative movement. They have campaigned with hannity and rush and beck etc. So now they want to nuke it and kill it? Too late boys!
May 29, 2009 1:06 PM | Reply | Permalink
Indeed. The chickens have come home to roost. Bawk Bawk.
June 1, 2009 10:55 AM | Reply | Permalink
"If your job is to whip up publicity and/or money, then haranguing on Sotomayor is the way to go. But if your job is to not alienate key groups of voters and to work to bring them back, it's a different story entirely."
That might be the real conundrum in the GOP now, not anything ideological-- you have to generate money to run, but how do stand a chance if you alienate moderates? A real catch-22.
May 29, 2009 1:38 PM | Reply | Permalink
The absolutely funniest conundrum I have ever seen! I'm going out and getting more popcorn.
May 29, 2009 4:45 PM | Reply | Permalink
Wow, you might want to go over to HuffPo with that one. I read HuffPo for entertainment and come to TPM to learn. Most of the posters here actually read and research before posting and don't just mindlessly repeat talking points.
Additionally, it is patently absurd to discount Sotomayor's qualifications. She has more experience on the bench than any of the 8 folks currently on the SCOTUS had when they were nominated. Just because she's a woman and a Latina does not mean she's not qualified.
June 1, 2009 12:07 PM | Reply | Permalink
The Republican Party has been dominated by the bomb-throwers who seize on and even manufacture controveries as a way to generate contributions. While times looked good, that was the route to power. That's what the entire political conservative movement has been based on, that and an alliance with the social conservatives who are truly issue-based.
But times are no longer good, and the bomb-throwing politicians along with the wealthy conservatives and the Wall Street bankers are directly responsible for most of the problems America currently face. The problems America faces are now swamping the power money has had to dominate our politics.
The Washington D.C. denizens (who Digby calls the Villagers) are interested only in power - who has it and who is gaining and losing it. I'd bet that the major media editors and TV producers are similarly influenced by the power games rather than the real issues, because nothing in Washington,D.C. is real. It's all rhetoric and how widely that rhetoric can be spread.
Political power comes ultimately from successfully dealing with real problems, not from manufacturing newer and more extreme rhetorical problems to fund-raise with. The conservatives are stuck in their money-raising bomb-throwing mode, and it is now clear that their rhetoric is damaging America rather than solving real problems. A pragmatic politician is one who shifts to where real power is, and that is flowing away from big money towards actual effective governance.
That's demonstrated by the clear split Eric describes above between the Limbaugh/Gingrich bomb-thrower crew and the pragmatic politicians like Crist in Florida and (to my surprise) Cornyn. Unfortunately for the Republicans a large part of their base considers their leaders to be the rhetorical bomb-throwers.
It's going to take a while for the Republican base to shake off the chimera of "conservatism" that has driven much of the fund-raising abilities to support politicians. Until the Republican base is cleaned out of rhetorical extremists and weaned off the blandishments from the bomb-throwers, the Republican Party is in for very tough times.
May 29, 2009 1:41 PM | Reply | Permalink
(to my surprise) Cornyn
Yeah, that's a shocker, isn't it? The GOP has swerved so far into crazy-land that Big John is forced to be pragmatic.
Couldn't have predicted THAT six months ago.
May 29, 2009 2:10 PM | Reply | Permalink
John Cornyn (R-TX)and Peggy Noonan are the "practical" ones! This is so weird there is no comparison to be 'likened to'.
May 29, 2009 2:40 PM | Reply | Permalink
Noonan revealed her pragmatic side when she dissed Palin shortly after Sarah's ascendancy to VP nominee -- the now-infamous clip where she thought the cameras weren't rolling.
May 29, 2009 3:27 PM | Reply | Permalink
You know, I wonder if the Palin nomination wasn't a wake up call for the saner branch of the GOP.
May 29, 2009 4:51 PM | Reply | Permalink
Judge Sotomayor has disqualified herself with her own words. " ....wise Latina.....better decision" etc etc. The law is the law. The purpose of the Supreme Court is to review the questions that come before it and decide whether they comport with the Constitution or not. Ms. Sotomayor's life wasnt any harder than that of my white father who grew up during the Depression. Her job is not to make someone feel better but to decide the legal questions based on the law not how she happens to feel about life that particular morning. She was nominated 1st because of her gender and 2nd because of her last name. Her legal qualifications come in as a very distant 3rd. I submit to you all that using a racial / gender quota system to staff the Supreme Court is not what the Founding Fathers ( yes I know all white males but so what ) had in mind.
May 29, 2009 1:45 PM | Reply | Permalink
Boy, did you ever swallow the Koolade.
Read her entire speech, then find out what Judges do to interpret the the Constitution and the law. Focus on Stare Decisis while you are doing that so that you know what the law (based on the Constitution as applied by the Rule of Law) consists of.
Then sit down to a keyboard again once you know something unless all you want to do is demagogue.
May 29, 2009 1:59 PM | Reply | Permalink
Putting Out the Fire
David Bowie
http://www.youtube.com/watch?v=gprIR991EkY
May 29, 2009 1:53 PM | Reply | Permalink
Great tune, but it's not the same without SRV.
May 29, 2009 4:02 PM | Reply | Permalink
"What I think should be happening here with Sotomayor," Noonan said, "is that the Republicans take it as an opportunity to be serious."
Oh no! Not that!
May 29, 2009 2:07 PM | Reply | Permalink
Amen. Shouldn't they be serious all the time?
May 29, 2009 5:00 PM | Reply | Permalink
Is racial identity for a judge a value added quality or a form of racism?
http://www.youpolls.com/details.asp?pid=5386
.
May 29, 2009 2:30 PM | Reply | Permalink
It is too late, the Republican Party of No and Torture (PON&T) is Done, Cooked. This was the last straw.
May 29, 2009 2:37 PM | Reply | Permalink
Pat Buchanan's riding hard to the sound of the gunfire
He just came unglued in a face off with Bob Shrum on MSNBC
May 29, 2009 2:39 PM | Reply | Permalink
Buchanan unglued is always a treat!
May 29, 2009 2:57 PM | Reply | Permalink
They insist on following a drug addict and drunk, Limbaugh and Beck. These people have no chance of winning anytime soon. Some of them might even wind up in the Big House before it is over--they will overstep.
May 29, 2009 2:40 PM | Reply | Permalink
After reading what Messrs. Gingrich, Limbaugh and Tancredo along with Ms. Coulter and Ms. Long have said about Ms. Sotomayor, I feel like I have been dragged through the mud. This Republican party is certainly no class act. If this is theater, who is directing this horror show?
May 29, 2009 2:55 PM | Reply | Permalink
I am truly enjoying this show. It certainly says a lot about the state of the republican party that the likes of Cornyn, Steele, and Noonan are considered to be "practical" participants in the discussion.
I look forward to the day, probably very soon, when less than 20% of those in the USA identify themselves as republicans.
May 29, 2009 3:40 PM | Reply | Permalink
Dude, you're going to have to update this article continuously. The slime continues to flow.
May 29, 2009 3:49 PM | Reply | Permalink
The bad news for the Repug pragmatists is that the damage has most likely been done.
May 29, 2009 3:52 PM | Reply | Permalink
I'm shocked that, to this point, nobody has even remarked on the "rammin' and slammin'" comment. Has making fun of Michael Steele for doing his best tapdance in black face jumped the shark?
May 29, 2009 4:18 PM | Reply | Permalink
Good post Eric, thanks. For some reason I can't see Limpball, Newtty and their cast of clowns giving up the press their foul remarks garner. Limpball doesn't get paid for being factual, he gets paid for numbers of ears. Newtty thinks he is hot on the comebacktrail and won't be giving that up until someone shoves an ice pack where he'll have to notice it. The press headlines this foolishness and we get to point our fingers and snicker. Lots of fun all around.
May 29, 2009 4:41 PM | Reply | Permalink
I confess that I've read less than a few sentences about Sotomayor. I doubt, whatever may be the case about her, that her tenure on the Court would effect a significant change in jurisprudence. I have read one per curiam opinion for which she voted -- twice -- that does seem importantly wrong on the law as she found it and terrible social policy. The most substantive opinions are those (there are many) issued for and against rehearing en banc. The case is Ricci et al. v. DeStefano et al., 530 F.3 88 (2d Cir. 2008), cert. granted, 2009 U.S. LEXIS 392 (U.S., Jan. 9, 2009), argued April 22, 2009 (the New Haven firefighters case).
May 29, 2009 9:48 PM | Reply | Permalink
Hector, you're so ignorant of what you're talking about it's not funny. She and the other justices on that case weren't wrong on the law, they were absolutely correct, as was the lower court they affirmed.
For if the city of New Haven had gone ahead and allowed the test to be validated, they would have ran afoul of Title VII law that demands that they consider whether their test had accurately tested for job related skills without unduly penalizing minority groups.
In other words, the fact that only one Hispanic and no blacks would have been promoted if they'd validated the test means they were forced, under law, to be certain the test did not unduly penalize minorities taking it. Since they weren't certain, they felt compelled to toss out the test results and start over.
The simple fact that the white firefighters didn't then get promoted does NOT mean they were discriminated against. For NO ONE was promoted. The city of New Haven simply delayed promoting anyone until they fully evaluated the test and decided whether or not there was a better test that could be given that wouldn't penalize minorities. The simple fact is, they might have come to the conclusion, in the end, that the test couldn't actually be changed in any significant way (legally) that would change the results, and most likely then would have re-instated the first tests results.
However, those lame white firefighters didn't even wait for that, and instead immediately sued, thanks to that lowlife Ricci, who immediately considered himself a victim of "reverse racism." It's people like him, and those that agree with him, that show me that racism is alive and well in this country. And he, and his supporters are the racists.
May 30, 2009 9:48 PM | Reply | Permalink
Leave 'em alone. They don't need any more rope! They're doing the 'hang themselves' bit just fine. Rejoice America, there is a God. Her blessings come in strange ways, but they continue flowing. She may even speak Spanish as a second language (sorry about the English thing, her first language always has been Hebrew.)
May 30, 2009 10:51 AM | Reply | Permalink
We can only hope and pray the Repuglicans and their mouthpieces keep this up. Every single day they continue to spout this crap is likely losing them ten thousand Hispanic votes in any coming election. Below is the text of a letter I wrote to Stuart Taylor and many others who have misquoted, taken out of context, and twisted Sonia Sotomayor's words to pathetically try and paint her a racist:
I'm going to give you the benefit of the doubt and assume your remarks about Sonia Sotomayor's 2001 statement "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." were made without the knowledge of the full context within which her statement was made.
First, Sonia Sotomayor's statement was made within the context of speaking about judicial diversity and its impact in regard SPECIFICALLY to cases of racial and sexual discrimination. This means that she was NOT making a statement about ALL types of cases, but ONLY about those that dealt with racial and sexual discrimination. Given that, it's clear to ANYONE with a brain that there is nothing whatsoever controversial about her statement and that she was in no way saying that Latina women come to better conclusions overall than white males or would make better judges. Saying that she "...would HOPE a wise Latina women with the richness of her EXPERIENCES [as a minority woman] would MORE OFTEN THAN NOT reach a better conclusion [on racial and sexual discrimination cases] than a white male who hasn't lived that life [and has no real life experience about how minorities and women are treated to draw from]" is perfectly realistic.
Second, she also went on to qualify her remark by reiterating that white males have many times reached fabulous conclusions in cases of racial and sexual discrimination (citing the white male Supreme Court justices who reached a great conclusion in Brown v Board of Education among many other examples) and made it clear that she has no belief whatsoever that a white male can't be just as empathetic to, and understand all of the nuances of, racial and sexual discrimination cases. The fact she believes, as anyone with a brain would, that it's a much easier thing for a Latina women to be empathetic to, and understand the nuances of, racial and sexual discrimination cases because of her own real life experiences than it would be for a white male who "hasn't lived that life" is so unremarkable as to beg how anyone could possibly believe otherwise. She also demonstrated how this is absolutely factual since there have been cases where supposedly “wise” white male justices such as Oliver Wendell Holmes have reached (what nearly everyone today would agree were) wrong conclusions in such cases.
Third, if you do believe otherwise, I would only challenge you to explain how you believe such tripe. In other words, please explain to me what in a white male's real life experiences, where he's NEVER been subject to racial or sexual discrimination, would make it easier for him to empathize with, and understand the nuances of, racial and sexual discrimination cases than it would be for a wise Latina woman? Please, if you can answer that with a reasonable argument, I'd love to hear it.
I'm confident you can't, and again, I'm hopeful that you deserve the benefit of the doubt in regard to the idea that you were simply ignorant of the full context involving her statement when you remarked about it. If so, I would still hope you would publicly and in writing apologize to Sonia Sotomayor for your remarks. For, if you don't, I can only conclude that you DID know the full context, and simply didn't give a damn.
In that case, you would be, in my view, nothing but a lowlife, bigoted, racist piece of garbage yourself who knowingly used demagoguery on the issue in order to stir up racist hatreds against Latinas and blacks.
Please prove that wrong and publicly apologize to Sonia Sotomayor.
Thank you,
Daniel Barber
I received a response from Mr. Taylor whereby he attempted to defend his remarks with sheer and utter lunacy. He obviously is unrepentant, and has no qualms about going forward and calling Sonia Sotomayor a racist. Here's hoping he does and his colleagues like Sean Insanity, Bill O'Lielly, Rush Limpballs, and Michael "Weiner" Savage do so as well. If they do, the Democrats will likely control 70 Senate seats after the 2010 elections, and 80 of them after the 2012 election, not to mention about 4/5ths of the House. The Repuglican Party is headed for extinction like the Whigs. Hallelujah.
May 30, 2009 9:36 PM | Reply | Permalink
Hotnuke, very impassioned and well reasoned letter, but I will tell you that you are "casting your pearls before swine" to think that appealing to reason would have any sway with this guy. The folks spewing this stuff are either ignorant or willfully ignorant.
They are race-bating and fear-mongering (subtext - "see Obama is helping the brown people which means they'll be less for us white folks"). That is all that's going on here, plain and simple. And I'm loving it. The American people are seeing these folks "raw and uncut" and most (less the Sarah Palin crowd) are appalled by what they're seeing.
June 1, 2009 10:53 AM | Reply | Permalink
Oops should say "there will be less" not "they'll"
June 1, 2009 12:09 PM | Reply | Permalink
"(Really, without the hoods and nooses, what do you have left?)"
The pointy heads wot hold the hoods up? Don't forget the burning crosses too.
June 1, 2009 11:54 AM | Reply | Permalink