What? You were expecting a staunch conservative?

Oh, a few conservative bloggers are doing their best to put up a fuss about President Barack Obama’s nomination of Sonia Sotomayor, but it’s not very becoming. Sotomayor is as fine a choice as we could expect from such a liberal president.

Boots and Sabers popped up a link that proclaims she thinks the courts make policy. No duh. Conservatives think that’s swell if it’s policy they want made, otherwise they complain loudly.

Newsflash. The courts set policy by rendering a final decision. If someone wasn’t searching for a new rule, they wouldn’t have taken the time to push it all the way through the system. They also affirm policy by upholding an old rule. Either way, there’s a policy decision made. It’s why they have the job.

My favorite article on this choice has come from The Plank. Conservatives need to keep this in mind when proffering opinion:

Her having been first nominated to the federal bench by a Republican president, George H.W. Bush, will make it harder for Republicans to paint her as an ideologue. Moreover, it is highly unlikely that many Republicans are going to want to strongly oppose the first Latina selected for the high court.

I’ve not read every opinion of Sotomayor’s, and no doubt I’ll disagree with one or two, but I’m not inclined to fall on any sword for this pick. It could have been so much worse.


  1. Yeah, she’s not nearly as far to the left as some of the other rumored candidates, but I’m willing to bet there’ll still be an attempt to stall her confirmation in the Senate.

  2. Here’s the cheap/dirty definition of policy:

    “A plan or course of action, as of a government, political party, or business, intended to influence and determine decisions, actions, and other matters”

    We’ll have to disagree that “courts set policy.” Courts are supposed to determine the Constitutional validity of laws, which enshrine policy.

    One can argue that invalidating un-Constitutional laws is “policymaking,” but that is true only in the narrowest construction.

  3. Perhaps it’s more an argument of ideal vs. reality.

  4. This post is an example of why I love to read your stuff. We agree. We disagree. It’s okay.

  5. For the most part I agree. Obama has made a pick that doesn’t give Republicans much to go on.