The Case Against Sotomayor

[Kaine for Senate '18]

Now that we have benconstine basically arguing that Obama has to appoint her unless he can come with a good reason not to shows how skewed the process has become.

I'm not making that argument.  I was merely making a point.

[Kaine for Senate '18]

Obama should ignore the interest groups.  If the best choice is a WASP male, he should pick him.  All I want out of the nominee is someone <55 years old, who will uphold Roe, the 2nd Amendment, and the death penalty.  Sadly, I don't think any such nominee exists.

[Kaine for Senate '18]

However, I believe it would be in Obama's best interest to appoint a female.

Perhaps, but I want him to pick someone qualified.  I don't want a Clarence Thomas of the Left, someone who was only selected because of their race or gender.  I want the best possible nominee, and I don't believe Sotomayor is the best possible nominee.

[Kaine for Senate '18]

Why did Sessions get it over Hatch when the latter has more seniority?

Term limits.  Hatch can't take over Judiciary again for the GOP.

[Kaine for Senate '18]

While there was a lot of criticism of his legal views, I don't recall a flood of questions about Alito's intellectual ability when he was nominated, yet he seems no more qualified than Sotomayor.  One must ask if she is being held to a different standard.

Alito was editor of the Yale Law Journal, clerked for Judge Leonard I. Garth of the Third Circuit, was United States Attorney for the District of New Jersey for 3 years, and spent 16 years on the United States Court of Appeals for the Third Circuit.  He was extremely qualified, perhaps even more so than Sotomayor.

[Kaine for Senate '18]

An interesting dark horse to consider is Senator Mark L. Pryor of Arkansas.  He served as Arkansas Attorney General, will vote for Obama's agenda, and, most importantly, is only 46 years old.

[Kaine for Senate '18]

He's pro-life. Obama isn't going to appoint someone just to give you more Moderate Hero "OMG, I love the south!" material to jerk off to, sorry.

I remember him syaing that he would not vote to overturn Roe v. Wade.  Of course, if he would overturn Roe, then he shouldn't be appointed.

[Kaine for Senate '18]

Claire McCaskill would be an interesting choice; she's 56 years old, served as Jackson County Prosecutor from 1993-1999, and is pro-choice.

[Kaine for Senate '18]

My advice for Obama would be to pick someone who's a great advocate, regardless of how liberal or moderate they are.

Right now, in about 80% (at least) of the controversial cases that fall along the expected lines, Roberts is persuading Kennedy his way.  He's just killing the more liberal justices on this front, and somehow managing to temper Scalia's excesses at the same time.

Another vote isn't going to change that (and an ideologue could make things worse), but an advocate could have some effect.

Sam's right, but I'm not sure how much that narrows it down.

It probably helps people like Kagan, and hurts people like Sotomayor.