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Sotomayor For Souter Is Not An Even Trade
IBD Editorials ^ | August 10, 2009 | DAVID S. BRODER

Posted on 08/10/2009 6:52:57 PM PDT by Kaslin

When Sen. Lindsey Graham of South Carolina was explaining his decision to become one of the nine Republicans to support the nomination of Judge Sonia Sotomayor, he said it was made easier because she would not alter the ideological balance on the Supreme Court.

Having her replace Justice David Souter, a regular member of the liberal bloc, would not tilt the court further in that direction, he said. With all due respect to a senator I very much admire, I think he may underestimate the impact of having Sotomayor on the high court.

Certainly, there is a world of difference in personality between the taciturn New Englander who recently retired and the feisty New Yorker who will replace him. Souter was well-liked by his colleagues, but there is little evidence that he tried hard to influence them.

In any group as small as the nine-member Supreme Court, the departure of one person and the arrival of a very different one likely will alter the dynamics.

It is clearly the case that the two women who preceded Sotomayor on the court, Sandra Day O'Connor and Ruth Bader Ginsburg, have had an outsized impact on their colleagues — and on the course of the law.

Ginsburg has been the most outspoken member of the liberal bloc, delivering blistering dissents from the bench and speaking in a way that has inspired action from her soul mates in the political branches.

(Excerpt) Read more at ibdeditorials.com ...


TOPICS: Editorial; Government
KEYWORDS: bhojudicialnominees; robertscourt; sotomayor; souter
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1 posted on 08/10/2009 6:52:57 PM PDT by Kaslin
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To: bareford101; BerniesFriend; blaveda; Bookwoman; Celeste732; dsc; FrdmLvr; FreedomPoster; ...

2 posted on 08/10/2009 6:53:52 PM PDT by Kaslin (Acronym for 0bama: One Big Ass Mistake America)
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To: Kaslin

Right, Davey. It went from worst to absolute worst.


3 posted on 08/10/2009 6:54:57 PM PDT by A_Former_Democrat
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To: Kaslin

RINO Graham needs to go ...


4 posted on 08/10/2009 6:55:33 PM PDT by clamper1797 (An Kenyan KGB agent could not do a better job as president)
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To: clamper1797

Sotomayor for an empty tool bag would have been a bad trade.


5 posted on 08/10/2009 6:57:24 PM PDT by csmusaret (If you like this economy, keep voting for Donkeys.)
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To: A_Former_Democrat

Will she end up giving her colleagues, even the lefties, a constant headache?


6 posted on 08/10/2009 6:58:30 PM PDT by HiTech RedNeck (The Democrat Party: a criminal organization masquerading as a political party)
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To: Kaslin

Beyond the obvious lack of respect for the law (bias shown at so many different venues in remarks by Sotomayor), she will be on the bench at least another 20 years more than Souter.....allowing many years of biased agenda-driven decisions, and prolonging the time until we get a Court that actually STICKS STRICTLY TO THE ACTUAL WORDS IN THE U.S. Constitution, instead of trying to re-write it and make it a “Living Document” (aka, changing to fit their agenda and appease the Liberals).


7 posted on 08/10/2009 6:58:39 PM PDT by traditional1 ("Don't gots to worry 'bout no mo'gage, don't gots to buy no gas...Obama Ftake care o' me!")
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To: Kaslin
Soto's biggest impact will be to cook huevos rancheros for the other Justices.
8 posted on 08/10/2009 6:58:42 PM PDT by neocon1984
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To: Kaslin

We know why you voted the way that you did goober... we know.

LLS


9 posted on 08/10/2009 6:59:39 PM PDT by LibLieSlayer (hussama will never be my president... NEVER!)
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To: clamper1797

Unfortunately, he isn’t up for reelection until 2014


10 posted on 08/10/2009 7:00:06 PM PDT by Kaslin (Acronym for 0bama: One Big Ass Mistake America)
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To: Kaslin

I am heartened by one thing. It’s pretty obvious she won’t be very persuasive with her race-based jurisprudence. SCOTUS hasn’t been impressed with her reasoning in reversing her opinions. I can’t imagine her persuading Kennedy (the swing vote) of jack squat.

She’s an ethno-centric race-obsessed liberal jurist who has little use for the actual words of the Constitution and who is going to use foreign law or her ethnic world view to decide cases. That’s what passes for liberal jurisprudence these days.

Unpersuasive. Hopefully her continued poor legal reasoning may convince some folks of the folly of putting liberals on a court who don’t respect plain language and claim that the Constitution can “breathe”.


11 posted on 08/10/2009 7:01:22 PM PDT by Rugged Individual (Who is the world's smallest minority? I am. I am an individual.)
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To: Kaslin

80% of Sotomayor’s decisions which reached the Supreme Court were overturned - she is clearly biased against white males, and wants to substitute her own feelings and values for the written law - she will be so far out of the accepted and reasonable standards of legal argument and procedure that she will become essentially a pariah on the Court and will have very little influence on the rest of the Supremes...sorry, David.....


12 posted on 08/10/2009 7:03:57 PM PDT by Intolerant in NJ
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To: Kaslin

That a dreck judge Sotomayor gets to be appointed to the SCOTUS and a brilliant constitutionalist like Bork gets rejected is a travesty of liberal incompetence.


13 posted on 08/10/2009 7:09:06 PM PDT by tflabo (Truth or Tyranny)
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To: Kaslin
Certainly, there is a world of difference in personality between the taciturn New Englander who recently retired and the feisty New Yorker who will replace him. Souter was well-liked by his colleagues, but there is little evidence that he tried hard to influence them.

What? I've been reading and hearing for years that Souter was pivotal to bringing swing-vote Anthony Kennedy over to the liberal side on any number of important issues. Meanwhile, Sotomayer does not have a reputation for legal scholarship or erudition - she seems much less likely to persuade Kennedy or anyone else about the merits of a case. If anything, replacing Souter with Sotomayer looks like a win for conservatives.
14 posted on 08/10/2009 7:09:26 PM PDT by AnotherUnixGeek
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To: Kaslin

Graham is an idiot. Sotomeyor for Souter was an uneven trade: She’s young, he was old. It tilts the balance in the future.


15 posted on 08/10/2009 7:17:56 PM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: HiTech RedNeck

I have a feeling she might. I read an opinion about her nomination, and the author said that none of her rulings showed any legal-rhetorical brilliance.


16 posted on 08/10/2009 7:20:40 PM PDT by ronnietherocket2
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To: Kaslin

The only problem with Broder’s theory is that Sotomayor is an intellectual lightweight who also has a reputation for being obnoxious. It is more likely she will have the other members of the court rolling their eyes than changing their minds.


17 posted on 08/10/2009 7:22:49 PM PDT by Lancey Howard
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To: coloradan

Gaging from how the folk are feeling just about now I would suggest an impeachment petition immediately! Kick that STUPID RINO out unto the curb!! PRONTO!


18 posted on 08/10/2009 7:25:03 PM PDT by RoseofTexas (Obozo de klown is going down....down...down)
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To: Kaslin

We traded a liberal who discriminates out of guilt for one who discriminates for enjoyment.


19 posted on 08/10/2009 7:44:38 PM PDT by TheThinker
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To: HiTech RedNeck

I dunno, but I suspect Roberts, Scalia et al will privately shake their heads.


20 posted on 08/10/2009 8:11:58 PM PDT by A_Former_Democrat
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