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Wednesday, May 27, 2009

Sotomayor 2

One has to wonder if the GOP wants to commit suicide. A week ago I wrote that the reports of the GOP's death were wildly overstated. I suppose that is still true. But a party that can't take a punch when it is thrown and then respond without melting into its worst elements is on the quick road to oblivion.

So about that Sotomayor nomination...last night the post was an overview of my basic thoughts

- as far as I could tell, she was worthy of the nomination. No giant. No slouch.

- I made a statement about identity politics that, if read as written - was not very kind to either Right or Left.

- I looked forward to learning more and hoped the battle for and against her was tough and fair.

All that still stands. I think all SCOTUS nomination battles should be tough and fair. So this post is NOT about Ms. Sotomayor's qualifications. I can only guess and my guess is she is every bit as capable as David Souter.

This post is about the politics surrounding her nomination. All SCOTUS nominations are political to some degree. Politicians have to decide on nominees. Politicians with constituencies.

Here are some facts about political life in America:
- Hispanics are the largest minority.
- Hispanics are rightly proud that a Latina has been nominated.
- Some of those concerned about the progress of women in the America's power structures are happy to see a third woman nominated to SCOTUS.

The last 2 "facts" above are both "identity politics" at work - like it or not - and the results of historical discrimination. I make no judgement here about it except to say I wish gender and ethnicity never mattered. We are not there yet. Things are what they are.

Having said that as foreground let me get to the point: W.T.F. IS THE FAR RIGHT BLOVIATE-O-SPHERE THINKING?

Speaking purely politically: Barack Obama threw hard left at the Right by nominating Sotomayor. It was a fair punch. He chose a qualified person who he also knew would have symbolic value with a large portion of the population. This is politics. Obama set a trap for the GOP - and the GOP is falling for it. The chatter floating about is that she is "emotional" and "stupid".

Fascinating. Parts of the GOP can't seem to stop its self destructive bent.

The GOP is in danger of falling into the identity politics counter trap: inciting their base by falling back on stereotypes, enraging the opposition, and making Sotomayor a defacto martyr for a huge portion of the population.

Dumb.

Unless she flubs big time in the Senate or has a dark secret that is revealed - she will sail through. Coded insults from the Right won't stop anything and will, along the way, solidify Hispanics as a Democratic core constituency.

Interestingly, the best critique and criticism of Sotomayor I've seen so far is from liberal law professor Jonathan Turley. He does go after her intellectual depth but there is no sense whatsoever that his criticism has anything to do with her gender or ethnicity.

Right wingers - listen up - That's how it is done.

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