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  • Sotomayor's Hearing Was Not Exactly Must-See TV

    Holly Bailey | Jul 13, 2009 06:10 PM

    How exciting was the first day of Sonia Sotomayor's SCOTUS confirmation hearing? This picture says it all: Here's Sotomayor's nephews, Conner and Corey Sotomayor, snoozing away at her hearing today. We're not throwing stones here. Truth be told, after nearly five hours of opening statements, your Gaggler felt like this, too--and it wasn't the jet lag from President Obama's trip last week, either.


  • Is this a SCOTUS Hearing or 'Sportscenter'?

    Holly Bailey | Jul 13, 2009 04:35 PM

    If there’s anything we really learned from the first day of Sonia Sotomayor’s Senate confirmation hearings, it’s this: senators LOVE their sports analogies. Just ask John Cornyn, who invoked football when talking about Sotomayor’s time as an appellate court judge. “A lower-court judge is like the quarterback who executes the plays—not the coach who calls the plays,” Cornyn said. “That means many of your cases don’t tell us much about your judicial philosophy. But a few of your opinions do raise questions—because they suggest the kinds of plays you’d call if you were promoted to the coaching staff.” Hmm. OK, yeah, we get it. (For the record, in Cornyn’s honor, your Gaggler is totally coining a new catchphrase—“activist quarterbacks”—for the rogue players who don’t listen to the coach. You heard it here first, ESPN!)

    Everybody else went with baseball—and for this we hold Chief Justice John Roberts responsible. “Judges are like umpires,” Roberts said in his 2005 confirmation hearings. “Umpires don’t make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules.” Well, Democrats have apparently been aching to push back on that premise for the last four years, as nearly every single one of them brought up the “umpire” argument in some way or another during their opening statements today. “Many can debate whether during his four years on the Supreme Court he actually has called pitches as they come or has tried to change the rules,” Schumer said, speaking of Roberts. Sotomayor’s record, he insisted, shows that she’s “simply called balls and strikes for 17 years.” Sen. Dick Durbin, meanwhile, got in a little dig at Roberts’s umpire analogy, noting, “It’s hard to see home plate from right field.” Ooh, face!

    No doubt this isn't the last we've heard of these analogies. It's a given that someone will bring up the "umpire" when senators begin questioning Sotomayor tomorrow. Or maybe Sotomayor will bring up a whole other sports analogy on her own. Judges are like ... NBA refs?


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  • How Do Sotomayor's Hearings Compare to the Other Supreme Court Justices?

    Katie Connolly | Jul 13, 2009 04:18 PM
    After a relatively uneventful first day of hearings, most court-watchers anticipate that Sonia Sotomayor will cruise smoothly to the Senate Floor and on to the bench. If that happens, how will her confirmation compare with her soon-to-be peers? Certainly, it will be a marked contrast to Clarence Thomas's hearings, which were arguably the most tawdry in recent Supreme Court history. When President George H. W. Bush nominated Thomas in 1991, he was under pressure from the right to appoint a reliably conservative justice. His first appointment, the recently retired Justice Souter, had turned out to be much more moderate than expected. Thomas' nomination was met with immediate suspicion on the left: He was opposed to affirmative action but Bush had selected him because he was black, a dynamic that disquieted liberals. Thomas was attacked as inexperienced, having authored no books or opinions of note.

    Early in his confirmation hearings Thomas won some empathy with his stories of growing up the impoverished South. But his short, non-committal answers frustrated senators. Thomas had learned from Robert Bork, Reagan's failed nominee whose expansive soliloquys on his legal philosophy ended up causing him problems. But Thomas went too far in the opposite direction and compounded perceptions that he hadn't thought deeply enough about the law. Then came the now infamous seven-hour testimony of Anita Hill, a young lawyer who had worked for Thomas and alleged he had sexually harassed her. Hill's testimony was replete with strange and unflattering anecdotes about Thomas's tasteless jokes and appetite for pornography. (It's unlikely that "Long Dong Silver" has appeared in a Senate transcript since.) Thomas returned to testify after Hill, who had been aggressively questioned by several senators, and lashed out, vehemently denying Hill's claims. He called the proceedings a "high-tech lynching for uppity blacks." From there, the debate around Thomas's nomination became increasingly nasty and lewd. Ultimately the committee was split, and his nomination was sent to the Senate without a recommendation. Thomas shares with Samuel Alito the distinction of being confirmed by the narrowest margin. Both men scraped in with a 52-48 vote.
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  • Little Drama on Sotomayor's First Day

    Howard Fineman | Jul 13, 2009 03:56 PM

     

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    Sonia Sotomayor was a few sentences into her remarks when she turned from the witness table and faced the first row of guests behind her. There sat her mother and her family. "Thank you mom," the judge whispered.

    I was sitting a few rows away and can tell you not only that it was as genuine a private moment as you see on the Hill, but also one that encapsulates the difficulties the GOP will have in trying to derail the judge's nomination to the U.S. Supreme Court.

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  • Long Throat-Clearing from Committee Before Sotomayor Speaks

    Daniel Stone | Jul 13, 2009 02:05 PM
    We knew that today would be a day of scripted formalities on the Hill. The time line for the confirmation hearings for Sonia Sotomayor label today, Monday, as a day for opening statements, meaning that all of the members of the Senate Judiciary Committee would get to exclaim her virtues or air their concerns before she even said a word. First it was committee chairman Patrick Leahy, who exalted the sheer fact that Sotomayor was sitting in front of him as "historic." Then ranking GOP member Jim Sessions accused her of being an activist judge who would ignore the law to rule from her own instinct. "Can we limit opening statements to 10 minutes?" Leahy politely asked the committee--but was really telling them. Several more members of the committee made opening remarks, many of them echoing each other, then the body took two breaks, one for recess and one for lunch. Now, considering it's been almost six weeks since we've heard Sotomayor speak publicly, we're starting to forget what her voice sounds like. When is the woman of the hour going to address the chamber? In due time, is the obvious answer. More specifically, we're told she'll make her opening comments around 3 p.m. Check back in this space for analysis by Newsweek's Howard Fineman, who's closely watching the hearings.
  • Obama Picks Surgeon General, Zings Health Care Reform 'Cynics'

    Holly Bailey | Jul 13, 2009 12:16 PM

    With that Sanjay Gupta flirtation now well in the past, President Obama just announced he’s nominating Dr. Regina Benjamin as the U.S. Surgeon General. Benjamin, an Alabama family practitioner, runs a rural health clinic in Bayou La Batre, Ala., which was destroyed by Hurricane Katrina in 2005. Her efforts to rebuild her clinic in the wake of Katrina gained her national recognition—Among other things, she borrowed against her house and maxed her credit cards to rebuild. She won a MacArthur Foundation “genius grant” last year.

    In announcing Benjamin, Obama took the opportunity to lobby Congress to move on health care reform. Speaking to reporters last week in Italy, Obama reiterated his call to get bills through both both the House and Senate by the August recess—though key Democrats suggested over the weekend that it’s unlikely to happen. “I think we’ll be through the Finance committee by the August recess, and I think that’s a realistic goal,” Sen. Kent Conrad said Sunday. “There really is plenty of time. Congress is going to be in session until Christmas Eve.” But the White House worries that the longer it takes, the more mired it will become in 2010 politics.

    Speaking to reporters in the Rose Garden this morning, Obama hit back at critics who say it won’t happen. “I just want to put everybody on notice because there was a lot of chatter during the week that I was gone: We are going to get this done. Inaction is not an option,” Obama said. “And for those naysayers and cynics who think that this is not going to happen, don’t bet against us. We are going to make this thing happen because the American people desperately need it.”


  • List of 11: Who Didn't Sotomayor Meet With?

    Daniel Stone | Jul 13, 2009 11:25 AM
    Since President Obama nominated Sonia Sotomayor six weeks ago, the judge has met with a whopping 89 senators, more than any other previous SCOTUS nominee. Yet as high as that number is, that still leaves 11 members of the senate who Sotomayor didn't talk with before her hearings. Who are they? Meetings were deemed futile with Sens. Pat Roberts of Kansas and James Inhofe of Oklahoma, both of whom have adamantly opposed Soyomayor's nomination, promising to vote against it. She was also unable to meet or talk with senate elders Robert Byrd of West Virginia and Ted Kennedy of Massachusetts, who have both taken time off to deal with health ailments. That leaves Wyoming Senators John Barrasso and Michael Enzi, Kit Bond of Missouri, Richard Burr of North Carolina, Richard Lugar of Indiana, John Ensign of Nevada and Arizona's John McCain. Bob Corker of Tennessee initially called off his meeting with the justice-in-waiting after she called to say she'd be 10 minutes late, but after word got out of the missed connection, his office asked to reschedule. All of them, you might note, are Republicans, which reasonably makes them slow to warm to the nominee of a Democratic president. But we're also told it was a function of time. Obama nominated Sotomayor at the end of May, giving her a month and a half to trek the long and confusing halls of Capitol Hill for the meet-and-greets. And, don't forget, she had to do with her ankle in a cast after she injured it in early June. Still, 89 is a big number, but it's not high enough. A spokesperson for Sotomayor says the meetings and courtesy calls will continue after the hearings.
  • Photo Blog: Obama in Ghana

    Holly Bailey | Jul 13, 2009 10:16 AM

    President Obama is back at the White House today, having wrapped up a week-long trip to Russia, Italy and Ghana. Your Gaggler was in the press pool on Saturday, which means there wasn't much opportunity to blog. But as you likely know by now, Obama spoke to Ghana’s parliament and took his family to visit the Cape Coast Castle, a former prison where slaves were held until they were put on boats to America. Everywhere he went, Obama was greeted by massive crowds, especially in Cape Coast where thousands of people lined the streets and literally hung off buildings to get a glimpse of POTUS. There were signs everywhere with Obama’s picture, and as you’ll see in the photos posted after the jump, people actually wore clothing made out of fabric featuring photos of the president and First Lady Michelle Obama. To say people were excited to see Obama is an understatement. At nearly every stop, crowds chased the motorcade—even waving at reporter, which, as one fellow pooler noted, doesn’t happen very often. But it got a little scary at one point. While Obama was still inside the castle, the crowds outside became unruly, pushing against barricades and threatening to stampede. The press pool watched as local police whipped people with sticks and batons. A few minutes later, Obama came out to wave to the crowd, but didn’t get too close—perhaps fearful of whipping up emotions too much. More photos after the jump.

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