On the first day of Senate hearings, CBS's Wyatt Andrews on Monday night again insisted Supreme Court nominee Sonia Sotomayor cannot be categorized ideologically and highlighted how “the hearing marked the first spotlight moment for former comedian, now Senator, Al Franken who cast himself as new but ready,” all before anchor Katie Couric fretted “some Republicans didn't really treat her with kid gloves.” Couric and Bob Schieffer squeezed in just a few seconds for how a new CBS News poll discovered “President Obama's overall job approval rating is down six points since June.”
Back in May, Andrews insisted Sotomayor had “no clear ideology on discrimination, gay rights, or abortion and who can't be easily defined by political labels.” Monday evening, he spotlighted vindication in a month-old report (PDF) from the Congressional Research Service, which he stressed is “non-partisan,” that Sotomayor “defies categorization along ideological lines.”
Though the only critical comment CBS showed from a Republican Senator was a pretty mild one -- Lindsey Graham advising “I think your experience can add a lot to the court, but I don't think it makes you better than anyone else” -- Couric wondered: “As we saw, some Republicans didn't really treat her with kid gloves. If she's heading for confirmation, what do you think their objective was?”
My May 22 NewsBusters post, “CBS Decides Sotomayor No Liberal: 'Can't Be Easily Defined by Political Labels,'” recounted (with video):
A baffled CBS. The CBS Evening News, which in 2005 had no doubt about how John Roberts and Samuel Alito were dangerous conservatives, expressed bewilderment Wednesday evening over where Obama's Supreme Court nominee stands. “Pundits usually label judges as either liberal or conservative, but that won't be easy with Judge Sotomayor,” Katie Couric propounded in setting up a piece from Wyatt Andrews, who concluded:
President Obama, then, has found a judge with 17 years experience but no clear ideology on discrimination, gay rights, or abortion and who can't be easily defined by political labels.
At least not by the CBS newscast, which back in 2005 asserted Roberts would move “the court further to the right” and fretted over the Alito pick “tilting the Supreme Court in a solidly conservative direction for years to come.”
The story from Andrews on the Monday, July 13 CBS Evening News:
WYATT ANDREWS: After waiting seven weeks to defend her record, Sonia Sotomayor, the nation's first Hispanic nominee to the Supreme Court, began by giving credit to her mother.JUDGE SONIA SOTOMAYOR: I am here, as many of you have noted, because of her aspirations and sacrifices for both my brother Juan and me.
ANDREWS: In a day confined to speech making, Democrats and Republicans revealed very different approaches to judging the judge. To Democrats, it's all about her 17-year record on the federal bench, a record the non-partisan Congressional Research Service said “defies categorization along ideological lines.”
SENATOR CHUCK SCHUMER: If the number-one standard that conservatives use and apply is judicial modesty and humility they should vote for Judge Sotomayor unanimously.
ANDREWS: But Republicans plan to focus on her speeches, not her judicial rulings, arguing her speeches hold the key to what she really thinks.
SENATOR LINDSEY GRAHAM: It just bothers me when-
ANDREWS: Especially her famous remark that “a wise Latina woman would reach a better conclusion than a white male.”
GRAHAM: I think your experience can add a lot to the court, but I don't think it makes you better than anyone else.
ANDREWS: Sotomayor did not address the charges specifically but made it obvious she plans to define herself.
SOTOMAYOR: Many Senators have asked me about my judicial philosophy. Simple: fidelity to the law.
ANDREWS: The hearing marked the first spotlight moment for former comedian, now Senator, Al Franken who cast himself as new but ready.
SENATOR AL FRANKEN: I may not be a lawyer, but neither are the overwhelming majority of Americans.
ANDREWS:: And there was one moment of raw candor as Republican Lindsey Graham analyzed the judge's chances.
GRAHAM: Unless you have a complete meltdown, you're going to get confirmed.
ANDREWS: Now, a complete meltdown is not likely to come from this seasoned federal judge, but if any heat gets generated by these hearings that could come tomorrow when the questioning begins. Katie?
COURIC: Wyatt Andrews. Wyatt, thank you very much. Bob Schieffer is our chief Washington correspondent and anchor of Face the Nation and Bob, as we saw, some Republicans didn't really treat her with kid gloves. If she's heading for confirmation, what do you think their objective was?
BOB SCHIEFFER: Well, I think, I guess they don't want the folks back home to think they're potted plants, for one thing. But, I mean, the other part is they have been very careful to strike this along philosophical lines. They want to make sure that they got the comment from her that they got today when she said on the bench she will apply the law, she will not make the law. But I tell you, in the end, Lindsey Graham is right, Katie. It's going to be very hard for Senators to vote against this wonderful life story that this woman has who was raised by a widowed mother and went on to be the first Hispanic woman to be nominated.
COURIC: And they want those Hispanic voters, too. We can't forget that. Bob, let's go back to our latest CBS poll. President Obama's overall job approval rating is down six points since June [63 to 57 percent]. His approval rating for handling the economy is down nine points. I'm just curious, what do you think is behind these declining numbers.
SCHIEFFER: I think it is all about the economy, Katie. One of the findings in our poll says nearly 70 percent of people in America are worried about losing their jobs, at least what what somewhat worried. When people are in that kind of mood, the President's popularity is going to go down. They want to see some results. He's launched all these programs, now they want to see that the programs are having some impact.
—Brent Baker is Vice President for Research and Publications at the Media Research Center





President Obama, then, has found a judge with 17 years experience but no clear ideology on discrimination, gay rights, or abortion and who can't be easily defined by political labels.
ANDREWS: The hearing marked the first spotlight moment for former comedian, now Senator, Al Franken who cast himself as new but ready.
COURIC: And they want those Hispanic voters, too. We can't forget that. Bob, let's go back to our latest CBS poll. President Obama's overall job approval rating is down six points since June [63 to 57 percent]. His approval rating for handling the economy is down nine points. I'm just curious, what do you think is behind these declining numbers.














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Silly, inane...all of this
July 13, 2009 - 20:16 ET by bigtimerSilly, inane...all of this report.
Just as I feel about Graham and others.
What I can't get over, is Franken being seated on the Judiciary committee...then again, it is the left, nothing ever stops amazing me with them.
...and of course they don't want to talk about O's numbers slipping...shhhh...mum's the word with them, Don't Ask, Don't Tell.
Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart
Who neutered Lindsey Graham?
July 13, 2009 - 21:25 ET by WesenIf Clarence was able to endure a high tech lynching so should Sonya. A blogger and law student, Jeff Schreiber asked the following questions. Republicans should pull out their crayons and take notes.
1. Is a Hispanic female party more or less likely to bring a bona fide grievance before the Court than a white male party?
2. If you were in my shoes, and Chief Justice John Roberts were to have said, on several occasions, that he has been able to come to a better decision because of his life experiences and his being a white male judge than, say, a Hispanic or black or Native American female judge could, how fit would you consider him to be objectively adjudicating matters where the legal and constitutional issue, rather than the parties, are of the utmost importance?
Most of your decisions which have reached the Court at which you aspire to sit have been overturned or otherwise scrutinized for your failure to properly interpret the law. With no court to review the Supreme Court, should the American people be confident you’ll get it right?
3. Article I, Section 8 of the United States Constitution lays out the 17 enumerated powers vested in Congress. Are there any limits to the power of Congress pursuant to that clause? What is your opinion as to the role of the “Necessary and Proper Clause?”
4. When it comes to interpreting the Constitution, what role if any should foreign and international jurisprudence play?
5. When it comes to interpreting the Constitution, what is the role of the original intent of our founders?
6. Which carries more weight, in terms of being more persuasive or even binding, the contemporaneous writings of our nation’s founders at the time the Constitution was adopted, or the various facets of international and foreign law?
7. What extrinsic factors and considerations, outside the law, should have an effect on your decisions, and to what extent?
8. Absent a “case” or “controversy,” what is the power of a federal court to interpret the law?
9. In terms of statutory interpretation, what role does the actual text of the statutes play?
10. In your various speeches, you’ve spoken of the rapidly changing social policy here in the United States. Is it the role of a judge to update and adapt the law in order to reflect and account for those societal changes?
11. Should the Constitution be interpreted so as to allow capital punishment?
12. For more than a decade, you counseled the Puerto Rican Legal Defense and Education Fund on many issues of law and policy. You served on the group’s board, you served as an executive. That group, while an admirable one, touted capital punishment as a manifestation of racism – what role did you have in assisting the PRLDEF in taking such a position on capital punishment?
13. Do you personally believe that capital punishment is a manifestation of continuing racial underpinnings in our society?
14. What relationship, if any, did the PRLDEF have with ACORN, the community organization group under investigation in more than a dozen states for voter fraud and intimidation?
15. Why does Lady Justice wear a blindfold? Is the Constitution color-blind?
16. Do you believe that the City of New Haven, Connecticut should have been permitted to do away with all of the firefighter examinations because of race alone?
17. With regard to the claims of Frank Ricci and the other firefighters, did constitutional concerns take a back seat to the nature of the case and ethnicity of those involved? What of the dissent by your Court of Appeals colleague and mentor?
18. How did your life experiences and insight as a wise Latina judge affect your disposition on the Ricci matter?
19. What role does empathy have in adjudicated cases and controversies before the Court?
20. How can a judge fairly and objectively adjudicate a certain matter and apply the law if he or she is of the opinion that different standards and differing versions of the truth apply to different people based upon race, national origin, or financial status?
21. What role does the First Amendment play in campaign finance?
22. Are there any provisions in the Bipartisan Campaign Reform Act worthy of consideration as possibly unconstitutional?
23. The Supreme Court, in District of Columbia v. Heller, noted that “[u]nder any standards of scrutiny that we have applied to enumerated constitutional rights, banning from the home ‘the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family’ . . . would fail constitutional muster.” Given the Court’s decision in Heller, how do you reconcile your decision in Maloney v. Cuomo—nearly two years later—that a state or city not under federal purview could ban the possession of weapons for self-defense?
24. Should the Second Amendment be incorporated against the states?
25. What did you mean when you held, in United States v. Sanchez-Villar, that the Second Amendment does not protect a fundamental right?
26. At what point, under our Constitution, does an unborn child have constitutional rights, equal protection of the laws?
27. Do you consider Roe v. Wade to be good law? Is it the role of the federal government to weigh in on abortion in America?
28. Speaking of possible government overreach, what role should a judge have in defining the nature of a marriage or family?
29. Again, speaking of the role of the federal government and judges, does the Takings Clause provide for any restriction in the power of government to take private property?
30. In Kelo v. City of New London, the Court supported eminent domain by arguing that the plan by the city to take public property—in that case, houses—and give them to a private entity for the development of a shopping mall fell under the Fifth Amendment’s “public use” requirement. In her dissent, Justice Sandra Day O’Connor warned of the slippery slope. What is your perspective on “public use” and eminent domain?
31. In the name of “social justice,” can the federal government rewrite contracts such as residential mortgages and leases?
32. What role does the government have, if any, in the regulation of activity that does not cross state lines? What is your feeling as to the nature of “commerce?”
33. What is the role of the Court with regard to national security? What measure of deference, if any, should the court have to the judgment of Congress and the White House?
34. How should the Court reconcile the duty of the federal government to protect America and Americans against terrorism from sources overseas and stateside?
35. What rights should captured foreign terrorists enjoy under the United States Constitution?
36. Where in the Constitution is the right to privacy?
37. In the history of the Court, which Justices do you most admire? With which do you find yourself most continually at odds?
38. What has been the Court’s biggest triumph? Greatest mistake?
39. Why do you want to serve on the United States Supreme Court?
Wesen please forward this to
July 13, 2009 - 21:26 ET by Radical1979Wesen please forward this to your senators. Even if they don't use those questions they should know what SHOULD be asked.
I ditto that. ...and as
July 13, 2009 - 21:38 ET by bigtimerI ditto that.
...and as to who neutered Graham, it was McC, years ago, gradually...and he's never recovered.
Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart
Graham
July 13, 2009 - 23:55 ET by doug1950Has always been a spineless, crotchless little wiener. If McCain ever took a hard turn Linsey would break his nose it is so far up McCain's okoli. I could only watch snippets of the entire process today but I could hear his whiney little voice from the other room. Hillary is more of a man than Graham.
Lead, follow or get the hell out of the way!
did that
July 15, 2009 - 00:40 ET by WesenWashington State Senators Patty Murray and Maria Cantwell are more interested in showing their constituents the money. Because of King County this State may go to the RATS for some time.
Wesen... King Co., right
July 15, 2009 - 00:53 ET by bigtimerWesen...
King Co., right along with the other top crook counties across this nation when it comes to voter fraud.
I get hot just thinking about it all in the past decade or more now.
Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart
Re Graham
July 13, 2009 - 21:44 ET by slickwillie2001Graham's comment about her inevitability was dumb. It takes the air out of the entire process to more or less label it a waste of time from the beginning. He was right, but it's dumb to come out and say it. Graham is too much like his buddy McCain, sometimes he gets it right and sometimes his RINO side shows.
You know, it wasn't that long ago..
July 13, 2009 - 23:19 ET by Jnoble...that you couldn't look at the paper or turn on the news without seeing either of these idiots proudly starting out with "PRESIDENT BUSH'S APPROVAL RATINGS HAVE HIT AN ALL TIME LOW! AND HERE TO FURTHER GLOAT ABOUT THAT FACT IS OUR OWN (insert name of smugly grinning reporter standing outside the White House)"
Six months or even a year from now if the economy is still sucking wind, I wonder if Cutsey Katie and the rest of the MSM will report on The Messiah's plummeting numbers with the same gusto.
Nah, it'll be spun with something like "Although his poll numbers may have gone down, our own poll (which only asked 9 people in the break room during commercial) still shows his personal approval ratings at a stout 110%.
They just have not figured
July 14, 2009 - 00:17 ET by MrSnugglesThey just have not figured out a way in which to positively spin his dropping numbers. Or they are waiting for it to go up 1 point so they can claim it is a surge in approval.
Poll Numbers
July 14, 2009 - 02:04 ET by RR GOPFolks painted themselves into a corner when they voted for this reincarnation of Lenin. They are hesitant to admit they were suckers and realize they are stuck with this JO for a very, very long time so might as well be optimistic and give him the benefit of the doubt. What choice do they have?
That's the only reason I can come up with for why they aren't lower and haven't dropped even farther by now. Perhaps it's directly proportional to people losing their jobs?
(how come I never get called for one these polls? You'd think by now...)
One of the 34% who thinks George W. Bush was a great President. One of the 61% who wants to bring back the stock and pillory (yep...approval for Congress now at 39%...do you believe that!?).
July 14, 2009 - 12:47 ET by jessieHShe has had 60+ rulings overturned, and that was just the few they looked into. Racist, yes. Qualified, no. But with 60 dems in the senate, WE are stuck with the woman.