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WaPo: Sotomayor Subject Of 'Several' 'Unflattering Profiles'

Yesterday, The Washington Post's Dan Balz and Robert Barnes teamed up to pass on anonymous criticism of Judge Sonia Sotomayor, who President Obama may nominate to replace Justice David Souter on the Supreme Court. In what has become something of a sport in political media these days, the two wrote that "Some say...she has not distinguished herself on the appeals court."

Today, Barnes collaborates with the Post's Robert Shear to report that Sotomayor has "already has felt the glare that comes with being identified as a front-runner, with several unflattering profiles about her temperament and judicial accomplishments."

As we noted in our anatomy of the whisper campaign, these doubts, such as they are, have their roots in a New Republic article by the magazine's legal correspondent Jeffrey Rosen. That piece contains no concrete examples of Sotomayor's supposedly unsuitable temperament, and, if anything, implies a high level of judicial accomplishment. But it does contain several anonymous quotes, and oblique references to other unquoted criticisms of the second-circuit jurist. And, as such, it has served as the fountainhead for a spate of articles implying that the objection to her potential candidacy is legitimate and well-sourced, when, in fact, it isn't.

As the article suggests, Sotomayor was criticized in the Almanac of the Federal Judiciary, (at least, more so than were two of her reported competitors, Diane Wood and Ann Williams of the U.S. Court of Appeals for the 7th Circuit). But that criticism, too, was anonymous, and the Almanac ultimately concluded that "most of lawyers interviewed said Sotomayor has good legal ability," and "lawyers said Sotomayor is very active and well-prepared at oral argument."


27 Comments

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Sotomayor is "very active and well-prepared".

That's a heck of alot more than we can say for hacks like Rosen and Shear. It's one thing to commit the sin of shoddy reporting, that's nothing surprising. But to try and undermine this accomplished woman when you got nothin'!? That's shameful.

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Particularly when Rosen's job label is "legal analyst". Why didn't he engage in some "analysis", and stop the repetition of anonymous quotes?

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Somebody really, really doesn't want Sotomayor on the SC. Which I suspect is probably a very good reason to put her there.

And Rosen and Barnes really should stop screwing goats (as "some say" they do).

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Breaking news! Some say that Jeff Rosen does the nasty with goats. I heard it from a very reliable source on TPM which is the website which broke the attorney firing scandal that brought down Alberto Gonzalez. So I know it's probably true!

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I now have it from two unimpeachable sources (neither holds elective office) that Rosen and Barnes have sex with goats. It must be true.

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I've heard some say that Jeffrey Rosen's goats are having sex with Robert Barnes and Robert Barnes's goats are having sex with Jeffrey Rosen.

I didn't even know that Robert had a barn. Some say he does, though, and it's filled with goat sex.

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Rosen and Barnes have yet to deny their associations with one or more suspected goat prostitution rings...

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Some say this badly damages their credibility.

Meanwhile, assorted straw men are continuing to have sex with goats, according to some.

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The Goatsexgate scandal has been brewing under the radar for a long time now but has finally broken into the spotlight. And yet throughout all this, neither Rosen nor Barnes have provided any comment or denial of the allegations. Many are now questioning whether this scandal could damage the credibility of not only Rosen and Barnes but of the entire journalistic community as a whole.

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Rumors about Rosen's proclivities have been swirling throughout the legal and journalistic communities for years. It appears that the intersection of goat sex and the Supreme Court nomination fight creates a perfect storm. Journalists and legal analysts agree that Rosen's long, and closeted life as a goat afficionado will make for sensational viewing and reading.

Others suggest that Dan Balz seems uncomfortably tense these days, and intimate that he, too, may have had some goat loving tendencies in the past, but all refused to comment on the record, on the grounds that they are not authorized to do so.

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I know someone (who has asked to remain anonymous) who SAW Rosen having sex with two goats. My source has unimpeachable credibility and I am 100% confident in the veracity of her claims. You can feel free to attribute that piece of information to me on background. Just bear in mind, my name isn't really Ondioline.

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Steve LaBonne, markg8, desertrain, thumbs, xantur, CT voter, and ondioline--you make my day! The level of intellect and humor in your comments is just priceless. Thank you.

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A reliable source tells me he has found a picture of Rosen in bed with a sheep!

http://i456.photobucket.com/albums/qq286/psychostats/WilderSheep.jpg

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The real question is whether Rosen is the legitimate or illegitimate grandson of an alligator, and the impact, if any, this has on the ability of Rosen and said sheep to conceive.

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Rosen's and Barnes' goat sex proclivities are now obviously one of the worst kept secrets in Washington. I expect Chris Mathews will devote a whole show to it tonight. If he's not done with the breaking news about John Edwards' affair.

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Some say the quality of journalism in this country has gone down over the last thirty years.

Some say The Washington Post has became just another tabloid masquerading as a newpaper.

Some say we could go on like this all day.

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Some say Dan Balz has become a horse's patoot.

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Here's hoping Rush now trashes Olympia Snowe for her affirmative action on behalf of women. Would love for half the country to support a female SC nominee just because Rush doesn't want one.

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Yeah and why the fuck do we let all the articles commentary work like a circular firing squad. After 8 years of Dick Cheney and GWB using editorials from the major newspapers as covers for legitimate reporting to get their message, why do we continue to let these guys self-reference each other. You could simply comment that much of the criticism of Obama's potential (which means it has not happened yet and that there is no official announcement for) comes form anonymous sourcing and from conservative leaning journalist and commentators. While there has been other pieces by more middle to left journalist and commentators much of their commentating has not been directed at Sotomoyor per se but at the inconceivable lack of cite-able references by said journalist.

Basically this is an insult to journalism but this is also how the game is played today. SO why don't we call it like we see and then go out and do the foot-work to expose it for what it is!

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The "criticize a judge anonymously" sites are a joke. Every time I've had occaision to look at them, the negative critiques have always seem to have been written by lawyers got their asses handed to them by the judge because they were unprepared or made lousy arguments. And, often, the positive reviews seem to have been written by laywers who won their cases before the judge (which, at the appellate level, usually doesn't happen for at least a couple or three of months) and are thus basking in the rosy glow of having encountered a judge who was smart enough to appreciate the lawyer's superior intelligence and reasoning ability while forgetting anything that bothered them at the time they were doing the argument.

Anonymous comments by people who recently clerked for (or near) the judge also have to be viewed with caution. Although clerks, by definition, are people in the top few percent of their class who've had ample opportunity to observe (and participate) in what happens, they're also people with no actual experience as practicing attorneys and, like all first year attorneys, they often think they know a lot more than they really do.

This is often especially true for the Federalist Society types you'll frequently find clerking for Bush II appointees. Still, if I really wanted to smear a judge anonymously, pretending to be a clerk would give me a lot more cred with other lawyers than than pretending to be someone who appeared before her.

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Generally, I agree with you. Supreme court candidates should be evaluated on their body of work -- opinions, publications, presentations, etc. -- not on scuttlebut from practitioners and clerks. I'm not sure why we should care if a candidate is unpopular with practitioners or clerks. All that I care about is the quality of the candidate's legal reasoning, and that should be evaluated by the actual work, not by popularity.

That said, if the opinions of practitioners and clerks has value, then I think its unrealistic to expect candid assessments without allowing anonymity. I certainly would never offer candid criticisms of a sitting judge without anonymity. Its hard for me to image any prudent lawyer doing so.

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You most definitely have a point, there. And therein lies the dilemma. You can't get unknown laywers to post frank information about a sitting judge on the Internet if can't be done anonymously, and you can't trust it if it is. But I would call that kind of anonymous hearsay chatter a starting point for doing actual reporting rather than the source material for the story.

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Too bad no one in the MSM has the kahunas to point out to the repuglicans, Obama hasn't named anyone as of yet. So all this posturing shows they have gone beyond the principle of reasonableness - it would be reasonable only when a person making the accusations against Sotomayor did so because she was indeed the nominee for the position.

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The fact that Rosen concluded the article with this:

I haven't read enough of Sotomayor's opinions to have a confident sense of them, nor have I talked to enough of Sotomayor's detractors and supporters, to get a fully balanced picture of her strengths.

but is described as TNR's "legal analyst" is disgraceful. Couldn't Alessandra Stanley of the NY Times written about Sotomayor's legal abilities just as insightfully?

The fact that an article concludes with the "legal analyst" basically saying "I can't tell you anything based on my own analysis so I'm repeating what anonymous sources said instead" is absurd.

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There's a Dilbert about this. About an opinion that spreads around a company that begins something like:

I dunno, maybe a hundred units?

progresses to

Some say we need a hundred units.

to

Experts say a hundred units is the optimal number

The difference is that this is intentional. My question is what is the motivation for doing this?

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Rosen apparently doesn't like Sotomayor, for reasons that don't appear to be substantiated by facts.

Dan Balz? His brain petrified years ago. He just doesn't know it.

I love how rumors spread. I wish you could put some sort of figurative "dye" on them and watch where each one migrates to, and how it changes as it does. Researchers probably do work just like that--I'm just not familiar with that area of exploration.

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In my dept, there was a rumor about a person coming back from doing research in Mexico with the swine flu. The fact was that he got sick while traveling, as many people do. Somehow the rumor mill turned it into swine flu.

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