May 26, 2009
Sotomayor to Supremes
…so says CNN. I’m disappointed in Obama’s surrender to identity politics, and also because I preferred Diane Wood for this spot.
Addendum: It’s not that Sotomayor isn’t smart or isn’t qualified, or any of the silly things I’m hearing on CNN and MSNBC right now. Obviously she is. It’s that, in the rarefied air of Supreme Court picks, Sotomayor doesn’t have the intellectual heft of a Scalia or Roberts.
Remember that simply replacing Souter’s vote with Sotomayor’s preserves a 5-4 status quo in favor of the current activist-right court; Obama’s objective here was not merely to find someone who would vote like Souter, but someone who could presumably persuade Anthony Kennedy on more close calls. From my perspective, Sotomayor isn’t that kind of pick.