29 May 2009

Judge Sotomayor

There is something satisfying about watching Republicans in a state of absolute public impotence. Please understand, this is not to refute the general impotence that compels a disproportionate number of Viagra ads on Rush Limbaugh-or Mr. Limbaugh's questionably obtained mass quantity of the drug. No, one refers to Judge Sonia Sotomayor, the minority woman who has become untouchable.

President Obama has the prerogative to select the candidate he feels is best suited to being the next high court justice. Kudos to Senator McCain for stepping back quickly with the words, "...elections have consequences." Indeed, one could suggest that Mr. McCain is the prototypical centrist, once identified as Republican and now suffering the hangover of two Bush terms. After all, McCain was patient zero in the Bush disaster.

Returning to the theme of Judge Sotomayor's nomination, the facts are such: President Obama is in a position to select a candidate closely reflective of his own center-left politics. At the same time, Obama is in a position to acknowledge the contribution of an ethnic group to his candidacy. Finally, he has the option of a supremely qualified candidate who lives in this political neighborhood.

Now this is about to become fun-like watching Radio Disney switch to an all Garage Rock format.

First and foremost, the most partisan Republicans are going to come after Judge Sotomayor for her ethnicity. Hello? Does anyone think that Roberts, Alito, or Scalia were not given a pass by Republican principals for the simple fact of being white males? Of course they were. Part of the decision to pick the three of them is to reflect the concerns of conservative phallo-centric whites.

Sotomayor is no more or no less racially motivated than Roberts, Alito or Scalia. If that is a concern for the reader, perhaps the reader may wish to reconsider some of his or her own perspectives upon race. One suspects that Newt Gingrich, Rush Limbaugh and Jeff Sessions (R-AL) are suffering from a bit of projection here. Of course, part of that is because Sessions was rejected for a seat on the Federal bench by the Senate

Sessions' partner in crime, Mitch McConnell (R-KY, a/k/a Jim Bunning Lite) has raised a few concerns about Judge Sotomayor's qualifications. Way to go, Mitch! If you want to throw that rock, it's going through Clarence Thomas' roof. Judge Sotomayor has 18 years on the bench, having become a federal judge (roughly) concurrently with Thomas.

One would not feel as compelled to embrace Judge Sotomayor's nomination if, for example, she had hosted the courtroom on an afternoon television program. While one suspects that Judge Milian from The People's Court could capably run any courtroom where she sees fit-the type of court atmosphere where Judge Sotomayor is vastly different. Most of Sotomayor's litigants have a greater command of vocabulary, grammar, and precedent. They are major-leaguers in the field of being a boil on the tuchas of society.

Simply disagreeing with an individual does not make them unqualified. It is justification for withholding support, but one should be certain to have all of their ducks in a row when it comes to evaluating qualification. Should this fight continue, Mr. McConnell's emasculated little party would be in position to be splattered with all the mud.

That would not be of much concern in states like South Carolina and Alabama, where Latino votes are miniscule compared to those of black and white Americans. But in states like Texas, Florida, and Arizona a significant latino electorate would be in a position to turn out about fifteen percent of the remaining Republican senators. Georgia and North Carolina are already on the edge of being driven out of the fold. If those five large sun belt states wind up going blue, Republicans will wind up living next to the Whigs and the Know-Nothings of Millard Fillmore.

Thus it comes down to this. Republicans can pick a fight with Judge Sotomayor's supporters, and become the next inhabitants of the ash heap of history. Or they can make the discreet decision to choose a more appropriate battle. That is the choice they face in this debate.

One asks whether or not Limbaugh, Gingrich, Sessions and McConnell will choose oblivion over relevance based upon a flawed principle. One waits with bated breath.

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