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Tribe to Obama: Sotomayor Is “Not Nearly As Smart As She Seems To Think She Is”
National Review Online ^ | 10/28/10 | Ed Whelan

Posted on 10/28/2010 10:34:51 AM PDT by Nachum

I’ve obtained a copy of an interesting letter that Harvard law professor Larry Tribe wrote to his protégé, President Barack Obama, in the immediate aftermath of Justice Souter’s announcement of his decision to retire from the Court. I will post a PDF of the letter shortly. [Update: Here’s the letter.] In the meantime, I’ll call attention, in this post and two or three others, to some of its highlights.

The express purpose of Tribe’s letter is to urge that Obama nominate Elena Kagan to the Souter vacancy. But before making his affirmative case for Kagan, Tribe argues strongly against the alternative of nominating Sonia Sotomayor:

Bluntly put, she’s not nearly as smart as she seems to think she is, and her reputation for being something of a bully could well make her liberal impulses backfire and simply add to the fire power of the Roberts/Alito/Scalia/Thomas wing of the Court on issues like those involved in the voting rights case argued last week and the Title VII case of the New Haven firefighters argued earlier, issues on which Kennedy will probably vote with Roberts despite Souter’s influence but on which I don’t regard Kennedy as a lost cause for the decade or so that he is likely to remain on the Court.

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


TOPICS: Constitution/Conservatism; Culture/Society; Miscellaneous; News/Current Events; Politics/Elections
KEYWORDS: anthonymkennedy; antoninscalia; clarencethomas; davidsouter; edwhelan; elenakagan; johngrobertsjr; larrytribe; laurencetribe; lawrencetribe; obama; palin; ruthbaderginsburg; samuelanthonyalitojr; scotus; soniasotomayor; sotomayor; stephengbreyer; tribe; wiselatina
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1 posted on 10/28/2010 10:34:53 AM PDT by Nachum
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To: Nachum

So the Wise Latina is an affirmative action idiot, just like you know who?


2 posted on 10/28/2010 10:40:28 AM PDT by SanFranDan
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To: Nachum

To be a liberal supreme court justice does not require any intellect; outcomes are based solely on the facts and have absolutely nothing to do with the law. The liberal knows who they WANT to win based on their leftist ideology, and that becomes the law.


3 posted on 10/28/2010 10:41:13 AM PDT by Spok (If you've got clowns, you're gonna have a circus.)
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To: Nachum
Bluntly put, she’s not nearly as smart as she seems to think she is, and her reputation for being something of a bully could well make her liberal impulses backfire and simply add to the fire power of the Roberts/Alito/Scalia/Thomas wing of the Court on issues like those involved in the voting rights case argued last week and the Title VII case of the New Haven firefighters argued earlier, issues on which Kennedy will probably vote with Roberts despite Souter’s influence but on which I don’t regard Kennedy as a lost cause for the decade or so that he is likely to remain on the Court.

Delicious sentence. (And long!) I hope he's right that her bullying could alienate Kennedy.

4 posted on 10/28/2010 10:41:17 AM PDT by fullchroma
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To: Nachum

Tribe says that about all women.


5 posted on 10/28/2010 10:41:41 AM PDT by anniegetyourgun
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To: Nachum
she’s not nearly as smart as she seems to think she is

Describes a whole lotta people, most of them liberals.

6 posted on 10/28/2010 10:45:34 AM PDT by Lonesome in Massachussets (If not Boston, then Texas. Go Rangers!)
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To: Nachum

Of course she’s not as smart as she thinks she is...she’s a liberal. All liberals think they’re much smarter than they actually are.


7 posted on 10/28/2010 10:46:11 AM PDT by driftless2 (For long-term happiness, learn how to play the accordion.)
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To: anniegetyourgun

Even a stopped clock is right twice a day.


8 posted on 10/28/2010 10:47:11 AM PDT by NeoCaveman (I can see November from my house. Christine turned me into a Newt. I got better.)
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To: All

some of us already knew that....


9 posted on 10/28/2010 10:51:50 AM PDT by Maverick68
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To: Nachum

Who the heck says Tribe is very intellient either? This bunch amazes me,,,


10 posted on 10/28/2010 10:52:38 AM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: Spok; hobbes1; xsmommy

And the accuracy of your answer is ... 5-4.

To check, tellme how many 5-4 and 4-5 decisions have been voted recently.

How many times have the communist (er, liberal) SC justices voted the case itself; and how many times have they voted right in the middle of their assigned block?


11 posted on 10/28/2010 10:53:50 AM PDT by Robert A. Cook, PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: Nachum

but,, this same guy thinks Obama IS a really intelligent guy?


12 posted on 10/28/2010 10:54:12 AM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but communists just ran for office)
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To: Nachum
So, you're saying she's a not-so-wise Latina?

Who knew!

13 posted on 10/28/2010 10:57:52 AM PDT by mojito
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To: mojito

A ‘wise-*ss’ Latina


14 posted on 10/28/2010 11:01:05 AM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: anniegetyourgun

I thought that was Larry Summers?


15 posted on 10/28/2010 11:01:55 AM PDT by Cyber Liberty (We conservatives will always lose elections as long as we allow the MSM to choose our candidates.)
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To: Nachum

Sotomayor is an affirmative action product.


16 posted on 10/28/2010 11:13:39 AM PDT by SWAMPSNIPER (The Second Amendment, A Matter Of Fact, Not A Matter Of Opinion)
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To: Nachum

Neither is Tribe.


17 posted on 10/28/2010 11:26:36 AM PDT by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: Robert A. Cook, PE

The inconsistencies are an indictment of a system that decides cases based on a barnyard sense of what’s fair, rather than the law. Also, supreme court judges engage in quid pro quo horsetrading of their votes. Reading the dissenting opinions, one sees arguments that are emotional and idealistic, rather than legalistic. Robert Bork does a good job in Slouching Towards Gomorrah of highlighting contorted reasoning that finds things like abortion protection and ‘comporting with human dignity’ as legal doctrines.


18 posted on 10/28/2010 11:27:10 AM PDT by Spok (If you've got clowns, you're gonna have a circus.)
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To: SWAMPSNIPER

“Sotomayor is an affirmative action product.”

Gotta watch posts that might be considered as obvious as Prof. Tribe’s assessment of Sotomayor’s IQ and her opinion of her IQ.

You wouldn’t want to be confused with a Harvard Law Professor, would you?

;-)


19 posted on 10/28/2010 11:27:58 AM PDT by GladesGuru (In a society predicated upon freedom, it is essential to examine principles,)
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To: Nachum
Tribe to Obama: Sotomayor Is “Not Nearly As Smart As She Seems To Think She Is”

Newsflash: Neither is Hussein!

20 posted on 10/28/2010 11:29:30 AM PDT by The Sons of Liberty (Psalm 109:8 Let his days be few and let another take his office. - Mene, Mene, Tekel, Upharsin)
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