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Jewish World Review May 28, 2009 / 5 Sivan 5769 A Choice for the GOP By David Broder http://www.JewishWorldReview.com | It is as close to certain as anything gets in Washington that Judge Sonia Sotomayor is on her way to the Supreme Court. What impact she will have there is far harder to predict. President Obama's choice to succeed retiring Justice David Souter has everything going for her. The Senate has already confirmed her twice, first when George H.W. Bush named her (at the behest of Daniel Patrick Moynihan) to the district court in New York and later when Bill Clinton elevated her to the U.S. Court of Appeals for the 2nd Circuit. With her solid record on the bench, with her appealing personal narrative as the daughter of Puerto Ricans who struggled to raise and educate their children with high aspirations and no wealth, and with 59 Democrats poised to vote for her and beat down a possible filibuster, she should have no difficulty clearing the procedural hurdles in time to relieve Souter at the beginning of the October term. The main question about her confirmation is the choice it presents to Republicans. They are unlikely to defeat or even delay her elevation. If they mount a vigorous effort to challenge her, as some of their interest group supporters wish, they risk doing further damage to their party with the largest minority group in the country — Hispanics. The loss of Hispanic support that John McCain, by far their most credible candidate in the eyes of Latinos, suffered in 2008 as a consequence of GOP legislators' adamant opposition to comprehensive immigration reform alarmed most intelligent Republican strategists. While most of the organizations that purport to speak for the conservative base immediately condemned Sotomayor and called on the GOP to oppose her, I think it's likely that many and perhaps most of the 40 Republicans left in the Senate will acquiesce to her appointment. Their initial comments were cautious. Before joining the general call for "a fair and thorough process" of examining the judge's credentials, retiring Republican Sen. Mel Martinez of Florida signaled to his colleagues that they had better tread carefully. Martinez, the only Latino Republican in the Senate, said he took "great pride" in her selection. Her "personal life story is one of great accomplishments and a source of inspiration. It also demonstrates the great opportunities our nation has to offer," he said. Another important clue came from Larry Klayman, the founder of Judicial Watch and other organizations that have provided raw material for Republican judicial battles. His statement said: "While I would have liked to see a more conservative libertarian type on the high court, President Obama's selection of …Sotomayor was a very prudent and wise decision from a far left liberal like Obama. …Sotomayor has previously pledged to follow the Constitution, and not legislate from the bench, and her career as a federal court judge suggests, as a whole, that this is the way she will administer to the law." As against such cautions, Republican senators are being urged by conservative interest groups to consider scattered statements that Sotomayor has made — and at least one controversial decision. In the New Haven, Conn., firefighters' case pending before the Supreme Court, Sotomayor was part of a three-judge panel that upheld a lower court decision voiding a promotion test in which no black firefighter scored among the winners. It appears, on the face of it, to be an extreme application of affirmative action doctrine, and she will undoubtedly be pressed to explain and justify her decision. The speech quotes that conservatives have unearthed are far less damaging when viewed in context. Her use of the word "policy" in describing what appellate courts make was perhaps imprecise, but no worse than that. And her lauding the ability of "a wise Latina woman" to use her experience to make wise judgments on the bench was perhaps self-serving, but hardly an indication of a closed mind. I have to believe that many Republican senators will seize the opportunity Obama has provided and prove they are not as narrow-minded as their most extreme backers. And then hope that, like some mirror image of Souter, Sotomayor will surprise the world with some of her votes. Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. To comment, please click here. Previously: 05/24/09: A Worthy Debate: What Obama and Cheney Got Right 05/21/09: Obama in command 05/11/09: Molehill Out of a Budget Mountain 05/07/09: The Life of His Party 05/04/09: Detroit Opens Up the Hood 04/30/09: Specter the defector 04/26/09: Stop Scapegoating: Obama Should Stand Against Prosecutions 04/23/09: A Bravura Opening 04/13/09: Why the Center Still Holds 04/09/09: Being a sports fan just got a whole lot better 04/06/09: A Bipartisan Bill Worth Celebrating 04/02/09: Obama's Muscle Moment 03/30/09: Warning: Congress is about to perform a cover-up on the most serious threat to America's economic future 03/23/09: Mr. Cool's March Madness 03/16/09: End of the honeymoon 03/08/09: Education's Chance of a Lifetime: Reforming Education With Sufficient Resources 03/05/09: Running on empty 03/01/09: Illinois' Mr. Clean 02/26/09: Obama rolls the dice 02/22/09: New Eyes On Bigger Prizes 02/19/09: Betting on bipartisanship 02/16/09: Just the Start 02/12/09: Biden in the House 02/09/09: The GOP Faces the Blue Wall 02/06/09: A cabinet loss and gain 02/02/09: The votes Obama truly needs 02/02/09: It's no joke to Illinois 01/26/09: Dynasties in decline 01/22/09: Born to build bridges 01/19/09: The call that Bush didn't make 01/15/09: Diplomacy that heals 01/12/09: An early drubbing for Obama 01/09/09: Tales From Longworth 01/05/09: Missing A Few Sages 01/02/09: Illinois Outdoes Itself 12/29/08: The GOP Goes South 12/15/08: Health Reform's Moment 12/11/08: Long Path to a Fall in Illinois 12/08/08: Rescuing a college education 12/04/08: The danger of holdovers 11/31/08: Addressing the States' Dire Straits 11/28/08: Good time for a brainy president 11/24/08: Rising Hope For Fixing Health Care 11/19/08: A Force for Good — but Not at State 11/17/08: GOP has work to do 11/13/08: Obama's good start 11/10/08: Governors Know Best 11/06/08: The Task Ahead 11/03/08: The Amazing Race: I thought 1960 was the best campaign I'd ever cover. But 2008 has that election beat 10/30/08: What We've Learned About McCain 10/27/08: A New England Brawl 10/23/08: Blue Sparks in Red Ohio 10/17/08: Obama's Assurance Policy 10/14/08: Live from the Pennsylvania frontlines 10/12/08: The proposals that could bind Obama 10/09/08: What do we really know about them? 10/06/08: The uplifting debate 10/02/08: Economics Exam in Michigan 09/28/08: McCain out-pointed Obama 09/26/08: Credibility Test for Congress 09/22/08: A debate's high stakes 09/22/08: Down days for McCain 09/15/08: The Next President's Due Bill 09/11/08: GOP celebration and Dem gloom are premature 09/08/08: Can we count on change? 09/03/08: Palin's Learning Curve 09/02/08: How Palin could help 09/02/08: What Happened to the Obama of 2004? 08/26/08: The Women Hit Their Mark 08/25/08: The Joe I know … and what it means for McCain 08/21/08: In N.H., a Deal to Close 08/18/08: Obama's Well-Oiled Machine 08/14/08: Pros and Conventions: Useful Ideas From the Stevensons and Friends 08/11/08: Rivals in Search of Trust 08/07/08: A Way Back to the High Road? 08/04/08: A Slate To Revive The Senate 07/31/08: When Congress Works 07/29/08: Management 101 for Senators 07/24/08: Obama's success abroad was pure luck 07/21/08: Obama's success abroad was pure luck 07/17/08: Governors offer real world wisdom. Obama and McCain would be wise to listen 07/14/08: Foes and allies strive to peg a shifty Obama 07/10/08: Fixing How We Go to War 07/07/08: Decider on the High Court 07/03/08: One Nation No More? Civics Needs a Boost, but Our Identity Endures 06/30/08: Dumbing Down the Presidency 06/26/08: Voting's Neglected Scandal 06/23/08: Why don't we know what makes Obama tick? 06/19/08: Foreign Policy's Best Hope 06/16/08: Perot, Back On the Charts 06/16/08: The Many Gifts of Tim Russert 06/12/08: Why Hillary played the womyn card 06/08/08: Eclipsed by the Adventures of Hillary 06/02/08: Obama in retreat 06/02/08: Reality vs. the Mythmakers 05/29/08: Hamilton Jordan's Message to Obama 05/27/08: Let the Veepstakes Begin 05/19/08: The mental exercise of placing Obama in the Oval Office requires more imagination than did moving Reagan from the silver screen to Pennsylvania Ave. 05/15/08: For Obama, a Lost Moment 05/12/08: The price of delay 05/08/08: Phoniness and inevitability 05/05/08: Winning by destruction: An insider reveals the Hillary game plan 05/01/08: Candidates' high-mindedness is rooted in religiosity; but Hillary and McCain don't have hater as inspiration © 2008, by WPWG

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