Senate GOP Demands Epic Sotomayor Delay

Although the confirmation process for Judge Sonia Sotomayor is still ramping up, there are a few things that are already fairly clear. The first is that the GOP is probably not going to be able to prevent Sotomayor's confirmation. The other thing is that they're probably not ever going to be able to resolve the issue of Sotomayor's Puerto Rican-ness, and What It Means, for America. But that doesn't mean they don't have options! No, no! And one of those options will be insisting that they need more time than ever before requested to study Sotomayor's body of legal writings, thus turning the confirmation process into an unending cavalcade of bureaucratic torture porn!

That was among the issues taken up by MSNBC's Rachel Maddow and Eat The Press friend Ana Marie Cox on last night's edition of Maddow's eponymous show. At issue were GOP demands for a delayed start date to the Sotomayor hearings, so that they can read all of Sotomayor's decisions. ALL THREE THOUSAND OF THEM. In a press release entitled "SCOTUS Hearing Double Standard," the Senate GOP laid out their reasoning thusly:

"Judiciary Chairman Forces 76 Case Per-Day Review of Judge Sotomayor's Record While Comparing It To Judge Roberts 6 Case Per-Day Schedule."

Naturally, nobody in their right minds believes that anyone in the Senate actually read the entirety of Roberts' case load, except for maybe Arlen Specter, who's endearingly strange that way. But, if you were to hew to a six case per-day standard, then the review process would take until January 20, 2011. Wow! I feel bad for Jeffrey Rosen, who quit blogging before he realized that the Sotomayor confirmation process could have been his entire career!

But seriously! How did this "affirmative action baby" rack up such an impressive number of cases? Did she have to do all the white justices' work, or something? Whatever, as Mitch McConnell points out, it just "violates the basic tenets of fairness" to ask him to read all that crap. WHY DID SONIA SOTOMAYOR SET OUT TO BE SO UNFAIR TO MITCH MCCONNELL?

Anyway, Ana Marie Cox came with three reasons that this is "preposterous":

1. The Size of Roberts' case load was small because he was only a Judge for two years. The review period was long because despite having only been a judge for two years, the committee had LOTS of other materials to review: mostly articles and cases he'd argued as a lawyer.

2. You don't review every case Sotomayor participated in, you review the opinions she wrote, and Sotomayor has only 600 opinions. With 600 opinions in a body of 3000+ cases, that means in 2400+ instances, the only thing to "review" is how she voted. That should not take too long!

3. She's already been previously confirmed to the Second Circuit Court of Appeals! If you just read her opinions since the prior confirmation, it's four cases a day.

The only other preposterous thing I'd add is that once again, the GOP should probably be busying themselves in casting a specific, alternative vision for judicial candidates to sell the American people, in a long term effort to establish what their judicial philosophy is all about. But they're not! Instead, they are telling the American people that they are the party of pointless obfuscation and delay.

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Comments

[KriTiKiT]

ha, the caddy duo can take down anything

[redsongia]

Who are they kidding? Most people in the Senate, democrat or republican are not lawyers, and not really trained to "review" all her cases. On either side, they are no doubt hiring staffers/c­ontractors to read and summarize her cases with an eye toward certain issues. So if there are more cases, hire more people, but please don't pretend that you're up nights in your library actually doing this work all by yourselves.

[DinkSinger]

At least 54 of the 99 current Senators are law school graduates, including 20 of the 40 Republicans. While a few of these have never practiced law (e.g. Ted Kennedy and Robert Byrd), most have and many have clerked in the Federal Courts.

[BlueDog1]

These guys have proven they can not even see what is going on around them. Anyone who could ride with Bush for 8 years, did not undertsand what happened to them in lats election can't understaqnd how many will be lost in next election. So just keep doing what you are doing and we will have seventy senator after next election.

Wow poor old Eisenhower , Reagan Dirkson, etc. etc. must just be spinning

[dlvme2]

If she has ruled on that many cases then she is surely qualified and the majority of the outcomes are public knowledge. She is a nice woman and deserves this.

[redsongia]

That was my impression of Roberts, and that's my impression of her. Thomas is the only person in the past few decades who's confirmation really was an outrage.

[lvdragonlady]

Ok everyone, it is time to call you congress person and let them know that this kind of stuff is unacceptable. We can NOT allow the GOP to hogtie the Supreme Court, like they are trying to do with health care and helping the economy.
Time for action is NOW.

[ElBruce]

If they want to get something, maybe they should stop asking for the ridiculous. Until then, they're frozen right out of all politics.

[LorettaSingbiel]

The republican party believe their best crack at bringing about Obama's failure and regaining power is by saying NO to EVERY attempt at UNDOING the HAVOC reaked by BUSH, and HOPING for another 911 attack upon our country.

WHY DO THEY HATE OUR COUNTRY?

[Furf]

President Barack Obama only nominated Judge Sonia Sotomoyer because she is a woman and a Hispanic. It is identity politics at its worst. Obama should nominate the best person for the job — not one who fits a particular race and/or gender. He continues his payback for voters that elected him.

If you look at this woman's record, it is absurd! She is overturned about 60 percent of the time by the high court and she herself has said that the Court of Appeals is actually where policy is made, not in the legislative branch where by law it should be. She has also said that "a wise Latina woman … would more often than not reach a better conclusion than a white male …"

That is a racist comment, and if a conservative white person said the same thing, he or she would be raked over the coals in the mainstream media.

This woman has no business on the Supreme Court, none! Unfortunately, the Republicans cannot stop her, but they should grill her just as much as the Democrats grilled Clarence Thomas, John Roberts and Samuel Alito.

[Thabit]

Unlike Clarence Thomas , John Roberts and Daniel Alito, She has been a sitting judge for years and with some of the Justices we have atm, it is no small wonder that she was overturned , Roberts , and Alito dont KNOW as much about the law as she does , if anything i bet the mistakes were at the Supreme Court instead of with her analysis

[PlayTOE]

Turning the Sotomayor appointment into a drag-out delay team like the Norm Coleman / Al Franken fiasco would suit the Republicans who have nothing more to loose. The rest of the country would be deprived of proper supreme court function.

*(and what would they try to sneak in during the hands tied period?)

[Texas4Obama]

Considering that the Senate all ready held hearings on Sotomayor before -- Sotomayor was confirmed by the Senate on October 2, 1998 by a 67-29 vote - for her current seat --- the Senate really has only eight years of new stuff to vet.

[DinkSinger]

President Bush nominated John Roberts for Chief Justice on September 6, 2005, and the Senate confirmed his appointment on September 29. That's 23 days. The Senate should follow this schedule for Sotomayor and confirm her next Thursday, June 18.

[Deja Peterson]

the GOP, on comedy central.

[wideawakenow]

So the Republican's biggest complaint about the confirmation hearings is that they are TOO LAZY to efficiently review Sotomayor's record in a timely fashion.

[mlaiuppa]

Just wait until Al Franken is seated.

[DougNTexas]

It is so funny the difference in the Rethugs when it is one of their Conservative Judges up for consideration. They want it done quickly when its one of theirs, with no chance of a filibuster. But a Dem nominee is way different. Delay,stall, and threaten to filibuster. O the hypocrisy.