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View Diary: Now Live from MSNBC: Debating Sotomayor Pick Today & Taking Input (Ari Melber) (18 comments)

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  •  Yes - but not just that (0+ / 0-)

    coffeetalk makes a good point -- and certainly there is a way to bring this approach into the conversation.  

    But I dissagree with the point that:

    it's all about Constitutional interpretation.  Sotomayor is going to be on the Ginsburg/Breyer school of Constitutional interpretation -

    It is partially about that but it is also about identity politics and about Republicans trying to update the culture wars into a 21st century frame.  These issues must also be addressed and rebutted.  To slip completely into a disucssion of approaches to constitutional interpretation would substantially miss some of these other points/issues.  

    •  I think I disagree with that (0+ / 0-)

      the "identity politics" is all wrapped up in the whole Constitutional interpretation thing.  Progressives think that the Constitution allows much more government action to promote affirmative action and diversity than conservatives do.  This has nothing whatsoever to do with Sotomayor personally. The opposition doesn't want anybody with her judicial philosophy on the Court and is just looking for whatever fact that they think will play well in sound bytes to use against her, but those sound bytes are not the real oppoisition. The real opposition is based on what she will do as a justice, plain and simple.

      All this stuff is too reminiscent of the whole Alito "Concerned Alumni of Princeton" think.  That was just as silly and meaningless as these attacks today -- in fact, I suspect that there are a lot of conservatives now who are privately recalling the Concerned Alumni of Princeton attacks when they plan the Sotomayor attacks.  It's the exact same thing -- looking for some little fact that will play well on TV, when the REAL issue is what both sides know the nominee will do on the Court. I was just as frustrated in the Alito hearings, and wanted to say to the Democrats then, just stop it.  Just be honest and say you don't want a justice with strict constructionalist/original intent views.  I had a lot of respect for Schumer at the time (I think it was him) who recognized exactly that -- that these fact snippet things were silly, and that both sides should be honest about the fact that these nominations are, are their core, fights about judicial philosophy.  

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