Supreme Yankee

Thoughts on the nomination of Judge Sonia Sotomayor:

*She's a Yankee fan. Most of the time, this would disqualify her from consideration. Rooting for the Yankees is like rooting for the house. Casinos don't need the help. But she appears still to be human (not true of most Yankee fans), so we'll give her the benefit of the doubt.

*Classic Obama. By every account, she's an incrementalist with an inspiring life story. Gee, wonder why he picked her?

*Risk for the Democrats: She's David Souter. By every account, she's an incrementalist with a strong respect for precedent. She studies the facts of each individual case and has shown very little tendency to set precedent or display a large judicial vision. Once put into an institutional context that requires the setting of precedent and/or the display of a large judicial vision, what does she become? I suspect she'll be fine. But she could become the Democratic Souter--a stealth candidate who bombs your own causes.

*Risk for the Republicans: There is NO upside to a serious fight here. She's boring. She's an incrementalist. She's Hispanic. She's nice. She has the cutest, most photogenic little mother you've ever seen. She's lifted herself up by her own bootstraps. Republican colleagues like her. There is no way to gain critical purchase to make a good fight. 

That means opponents would have to try to start the culture wars again and flame her character. They'll look like out-of-touch idiots. They'll offend the moderate middle and anger the Latino/Latina community. They'll cement their reputation as the party of NO and the party of Limbaugh. If they truly go after this woman, they'll probably push their party ID figure below 20%. 

What's the best choice? Contained, quick opposition. Use the Democratic approach to Chief Justice Roberts as a model. Make the hearings fair, make 'em quick, register your opposition for future "I told you so" moments, and move it right along. Republicans need to make health care the real fight; that's the issue on which they could become a generational minority. This is a sideshow that interests only their most rabid, crazed culture warriors.

Which suggests they'll make a hopeless last stand as a litmus test here and ruin any hope they have of dealing effectively with health care. I actually hope not. But I don't know if they can resist the temptation.

Comments

[CA]

Cute mom, exhibit A: http://www.flickr.com/photos/whitehouse/3568066084/

[James Gilmore]

She's from the Bronx. Bronxites (Bronxians?) are allowed to be Yankee fans. Anyone from another borough - or, God forbid, from upstate - is morally obligated to root for the Mets, unless they're over the age of 50, in which case they're permitted to root for the Dodgers or Giants.

[Patrick Finnegan]

I read some of the "mudlines" from Doonesbury.com and the right wing is already on the attack. G. Gordon Liddy made a supremely obnoxiou and sexist comment about how she would answer questions in a hearing if she was menstruating at the time, and Rush Limbaugh, Newt Gingrich, and Pat Buchanan are trying to paint her as some sort of racist. I wouldn't mind Republican political suicide if I didn't have to hear it so much...