I ADMIT I BELIEVED HIM THIS ONCE:

Empathy Triumphs Over Excellence (John Yoo, May 26, 2009, The American)

President Obama’s nomination of Judge Sonia Sotomayor shows that empathy has won out over excellence in the White House. Sotomayor has sterling credentials: Princeton, Yale Law School, former prosecutor, and federal trial and appellate judge. But credentials do not an excellent justice make. Justice Souter, whom Sotomayor would replace, had an equally fine c.v., but turned out to be a weak force on the high court.

Obama had some truly outstanding legal intellectuals and judges to choose from—Cass Sunstein, Elena Kagan, and Diane Wood come immediately to mind. The White House chose a judge distinguished from the other members of that list only by her race. Obama may say he wants to put someone on the Court with a rags-to-riches background, but locking in the political support of Hispanics must sit higher in his priorities.

Sotomayor’s record on the bench, at first glance, appears undistinguished. She will not bring to the table the firepower that many liberal academics are asking for. There are no opinions that suggest she would change the direction of constitutional law as have Antonin Scalia and Clarence Thomas on the Supreme Court, or Robert Bork and Richard Posner on the appeals courts. Liberals have missed their chance to put on the Court an intellectual leader who will bring about a progressive revolution in the law.

Advice on Consent (The Editors, 5/26/09, National Review)

Judge Sonia Sotomayor is female, Hispanic, liberal, and mediocre. Conservatives should draw attention to the third adjective while understanding that the first two are likely to be politically decisive during her confirmation hearings.

No, conservatives should be elated about the 4th.

I actually though that the one place where the UR would truly seek excellence was in his Court appointments. Ms Sotamayor isn't an excellent pick, just a politically savvy one.

She'll be a reliable 4th vote for the liberal wing but will leave no mark whatsoever on the Court. She lacks the collegiality and intellect that her rivals for the seat have.

Posted by Orrin Judd at May 27, 2009 6:53 AM