TBogg

The All Important Condiment Endorsement

We haven’t seen much of Cornell Law School pity hire William A. Jacobson since he got himself caught up in one of those bizarre wingnutty sideshows that conservatives were busied themselves with while spitting the bit in the past election.

Toady Professor Jacobson worries that spinning spinners who spin are endangering Sonia Sotomayor’s chances of becoming the first closet-FALN member on the Supreme Court.

Sotomayor’s Supporters May Spin Her Out Of A Job

Now it is revealed, by Greg Sargent, a supporter of Sotomayor no less, that Sotomayor used almost identical language in a 1994 speech:

“Justice O’Connor has often been cited as saying that “a wise old man and a wise old woman reach the same conclusion in dueling cases. I am not so sure Justice O’Connor is the author of that line since Professor Resnik attributes the line to Supreme Court Justice Coyle. I am not so sure that I agree with the statement. First, if Prof. Martha Minnow is correct, there can never be a universal definition of ‘wise.’ Second, I would hope that a wise woman with the richness of her experience would, more often than not, reach a better conclusion.”

So the White House spin holds no water. There was no misspoken word. The language in question appears to be part of Sotomayor’s stump speech.

The spin by Sargent and others is that since Republicans did not object to the language when Sotomayor was nominated to the Court of Appeals in 1998, there must be nothing wrong with the language. Sargent’s spin makes less sense than the White House spin.

First, as noted in the The Economist, the 1998 speech did not contain the explicit comparison to the judgment of white males, as does the 2001 speech, so it is less objectionable on its face. Second, regardless of whether anyone noticed the language in 1998, Sotomayor now is being nominated to the Supreme Court and people have noticed. It’s like arguing against a speeding ticket because last time the cop let you go. Third, as Ben Smith points out, the existence of the 1994 speech "also makes it harder for the White House to cast it as a slip of the tongue."

The White House thought it was doing Sotomayor a favor by spinning the "wise Latina" language as a poor choice of words. Pat Leahy thought he was doing Sotomayor a favor by spinning the language as nothing of significance. Greg Sargent thought he was doing Sotomayor a favor by spinning the language as old news.

As dumbass Michael Goldfarb would say, one wonders why Jacobson is concern trolling for Sotomatyor. It seems that Jacobson is softening on the old gal:

Although I reject identity-politics in the judicial context, I am not yet convinced that Sotomayor would be a bad choice, given the alternatives. I’m still taking a wait and see approach. There may come a point at which I would support Sotomayor, but that point may be moot at this rate, as the spin from Sotomayor’s supporters is doing more damage to Sotomayor than the "wise Latina" language itself.

Yes, if the "wise Latina" spin doesn’t kill her chances, the lack of "support" from Colonel Mustard will surely punch her ticket to Borkland.

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TBogg

TBogg

Yeah. Like I would tell you....

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