Liberal Jonathan Turley: Sotomayor Lacks Intellectual Depth

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Until yesterday, liberal law professor Jonathan Turley was generally hailed by the leftwing blogosphere for speaking "truth to power." However, now that same group is attacking Turley for speaking truth to MSNBC. Chris Matthews probably thought Turley would support Sonia Sotomayor's nomination right after it was announced. If so, he was in for a big surprise as you can see in this video clip. The same video also shows Turley making the same critique with David Shuster...and taking a swipe at justice Thurgood Marshall as well. First Turley blindsides Matthews with his completely unexpected criticism of Sotomayor:

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CHRIS MATTHEWS: Jonathan Turley, it seems to me that David Axelrod had a role in prepping her in the Justice for this occasion  because she made a very strong committment to the Founding Fathers sounding almost like a strict constructionist or a originial intention sort of person. What do you make of her genuflection to the Founding Fathers or the genius of the founding documents?

JONATHAN TURLEY: Well, I think that is a fairly standard line. You really have to do that. You're not going to have a nominee stand up and say "The first thing I do is get rid of the Founding Fathers." But I do think that there is a problem here when we talk about temperament and empathy.  You know, we are not selecting a house pet. We're selecting a Supreme Court justice and as an academic I have a certain bias. And that is does she have the intellectual throw weight to make a difference on the court? And I have to tell you the optics are better than the opinions in this case. I've read a couple of dozen of her opinions. They don't speak well to her being a nominee on the Supreme Court. She will be historic in many ways like Thurgood Marshall but I 'll remind you Thurgood Marshall was not a lasting intellectual force on the court. He was historic because he was first. And I think that a lot of academics are a little bit disappointed. I am in the sense that Diane Wood, Harold Coe, were not the ultimate people to prevail. These are people that are blazingly brilliant. They would have brought to the court intellects that would frame in the conceptual way. 

A pained and surprised Matthews replies with a quick defense of Sotomayor:

MATTHEWS:  Professor, can you imagine making that case in open hearings against the person who was summa cum laude at Princeton and who was editor at the Yale Law Review to come out and say they don't have the intellectual candle power? A minority woman especially. That's a tough case to make.

Turley responds with a painful political truth:

TURLEY:  You're right, Chris. It's very hard. It's very subjective. And frankly, a lot of academics are going to be timid because they don't want to be viewed as opposing her. But you will see some focus on the opinions. The Ricci Firefighter case. There's a case called "Grant" involves discrimination which are likely to cause controversy. But what we saw with the Bork nomination is that the party that controls the first 48 hours in these controversies tends to prevail and this is going to be a test for the GOP leadership. If they can't get hold of this in the next 48 hours, and I have to say this was a great start for the White House, they probably will prevail. 

Unlike Matthews, David Shuster had a heads up on Turley's contrary views on Sotomayor when the professor appeared with him on MSNBC:

DAVID SHUSTER:  Jonathan Turley has been watching today's developments along with us. He's also written about Sonia Sotomayor. He's a constitutional law professor at George Washington University School of Law. Jonathan, you wrote recently that "my main concern is the lack of intellectual depth in her past opinions." Explain what you what you mean by that?

TURLEY: I've read roughly about 30 of these opinions. She has a much larger library of opinions. But they are notable in one thing and that it's a lack of depth. There's nothing particularly profound in her past decisions. She's been a judge a long time. That's opposed to people like Judge Wood on the 7th Circuit and she was viewed as a real intellectual powerhouse. You really can't read the opinions of this nominee and say, "Oh yeah, this person is a natural choice for the Supreme Court." Now there have been suprises. Some justices sort of reached their speed and depth while on the court. Justice John Paul Stevens is an example. Even the first half of his career in decisions on the court were not particularly deep or profound but the second half is quite the opposite. So you can have people who open up on the court and as lower court judges they may be timid in that respect. But I have to say that liberals obviously are enjoying rightfully a certain short term elation with this twofer, a woman and a Latina, being put on the court. But in terms of long term satisfaction she does not naturally suggest that she is going to be the equal of Scalia and I think that was the model for liberals. They wanted someone who would shape the intellectual foundations of the court. Her past opinions do not suggest that she is like that. They actually suggest that she will be a great justice like Thurgood Marshall. She'll be the first Latina. But I'll remind you Thurgood Marshall's opinions did not have a lasting intellectual impact on the court.

SHUSTER: But even if there isn't a lasting intellectual impact that Sotomayor has on the court and that is obviously a big "if" isn't it possible that could come with the next pick or the one after and should that be much of a factor for anybody to consider?

TURLEY: I think it should be THE factor and unfortunately it's not.  The Senate does not really look at the intellectual depth of a nominee. They don't seem to feel comfortable with that type of inquiry. That should be the primary inquiry. I do believe it's wonderful to have a woman on the court. I think Diane Wood would have met all criteria. But ultimately questions about empathy and temperament are less important than whether this person is going to have a profound impact to help shape the court and this nominee really doesn't have a history to suggest that.

Turley's fellow liberals in the Blogosphere reacted quickly and angrily to his "heresy" in casting doubt on Sotomayor's qualifications. First the reaction from the Daily Kos where he was denounced as an embarrassment:

Jonathan Turley is an embarrassment!  Truly!

Turley throws crap out and yet fails to back it up with actual evidence.  I've listened to him since he was an "expert" in the hey day of environmental litigation in the '90s.  What he blathers on Olbermann or Maddow's shows, I could do -- superficial commentary without depth of analysis.  I get better talking points from reading diaries here.

He compared Sotomayor with Thurgood Marshal, saying that they are both intellectual lightweights, and were put on the SC strictly for their ethnic backgrounds.  Disgusting.

Turley is attacking a woman/minority by implying she's not the intellectual equal of her peers, implicitly suggesting she got the nomination as a result of affirmative action.

This was mild compared to the invective hurled at Turley at the sanity-challenged Democratic Underground

stupid f---ing idiot. Even Tweety looks stunned. Turley is saying she lacks the intellectual chops. 

OMG....Thurgood Marshall wasn't good enough for him? OMG!!! I knew he was an over-rated narcissist, but Thurgood Marshall???? Wow!

he sounds like a racist and sexist to me

Tuck Furley. 

And now Jonathan Turley is finding  out what happens when a member of the left veers in the slightest from the liberal Party Line. 

—P.J. Gladnick is a freelance writer and creator of the DUmmie FUnnies blog.


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I mentioned this yesterday:

I mentioned this yesterday: I looked it up after hearing Sean Hannity mention it on his radio show when I was in the car....

The Case Against Sotomayor

Some who have worked with her commented that she was not terribly bright, but had an inflated opinion of herself  and was "kind of a bully" on the bench.

(During one argument, an elderly judicial colleague is said to have
leaned over and said, "Will you please stop talking and let them
talk?")

Good reading, and very surprising from The New Republic

I didn't think it was physically possible, but this both sucks and blows.  -Bart Simpson

 

Motherbelt

Thanks for that link. Did you read some of the comments? LOL. They really hate dissent over there.

D

Keep the ILLEGALS out, join NumbersUSA to send free faxes to your reps.

comments

You're right MB, the comments are pretty wacky. I really enjoy reading the ravings of the inmates. I have a Brother-in-law who was/is virulently anti-Bush, pro-Obama (until Obama's first $Trillion kind of shut him up. Anyway, those writers remind me of him. After I got him really fired up it was like he was on auto-pilot. Face turns red, mouth moves, bullshit flies out non-stop, I hear nothing as I only watch, steam rises, Sister worries about heart failure, begs us to stop. I can just see them doing the same thing. Life is Good!

LOL

Well, at least this abomination of a pick will have some comedy value as the left attacks it's own.

D

Keep the ILLEGALS out, join NumbersUSA to send free faxes to your reps.

Empathy trumps

Half-arsed lawyer skills every time.

 

Ignorance, the stuff of tyrants.

Ugh

I certainly take pleasure in hearing one of their own call her a mental midget, but I simply can't watch even a second of David Shyster.

More Opinions

Some good reads on Sotomayor: Is Sotomayor Obama's 'Harriet Myers'?: http://macsmind.com

The Sotomayor Nomination; The Hidden Costs of Presidential Empathy: http://www.forbes.com

Beware this 'empathy' nonsense. What it really is, is liberal codewords for 'we can do anything we want without regard to written law, and claim our decision is based on empathy'. This is as dangerous as the 'international law' nonsense.

Empathy might be a worthwhile quality in a family-court judge or a traffic court judge, but in the Supreme Court (or Appeals Court) your decisions are used as precedent for other cases far into the future. If you show empathy for a poor Latino single gay disabled mother with AIDS that has been wronged by a rapacious corporation today, that decision might decide a case brought by a litigious judge that feels he has been wronged by a Chinese laundry that lost his pants ten years from now. Empathy cannot be codified into the precedent.

Liars

Liberals and MOST democrats are basically just liars at heart, and poor ones at that; evidenced by the liberal media for example.

Additionally, being convinced that without giving all minority members (anyone who is not an "old white Christian man"), need to be started at the 20 yard line, at least, to finish the 100 yard dash even with all others (in Sotomayor's case, I agree).

Just listen to ANY lib who posts here. Their opinions are blatantly the most intellectually dishonest group of thoughts in history.

The Republicans currently in office are worse though. They are basically a group of cowards whose arguments usually ring with intelectuall truth, but they lack the spine to stand up for their principles, (HENCE A DEM CONTROLLED GOVERNMENT LADEN WITH SOCIALISM). They will whimper a little at the Sotomayor confirmation hearings, just enough they think to hold office, then they will stick their fingers in the air, make their tired speeches and RELUCTANTLY (OH PLEASE!) put another Ruskie into power.

These people really wear me out!

This is as dangerous as the

This is as dangerous as the 'international law' nonsense.

This is far worse than the "International law" stuff, because it relies on nothing more than one's personal view of what "fairness" means.

I wish I could remember who said it but the gist was that if the law is on the side of the big company against the little guy, you have to rule for the big company.

That standard would go out the window with this "empathy" garbage. Decisions would be made according to how many judges felt sorry for claimant.

We will be well on the way to becoming a nation of men (and their private opinions) and not of law, as was intended.

I didn't think it was physically possible, but this both sucks and blows.  -Bart Simpson

 

empathy vs sympathy

Not to put too fine a point on it but 'empathy' is a very good characteristic in a judge but unfortunately what the media and many here are talking about is 'sympathy'. True empathy would allow you to understand how and why a person does things but only sympathy would make you feel pity or act with leniency. An empathic person maybe able to understand the reasons for a person’s actions but it doesn’t follow that they will not hold them responsible for the decisions they make. After all, being able to put yourself in another person’s shoes allows you to understand not only the decisions they made but the options they had available.

A person may be won over with logic and reason but the masses must be bought with spectacle and platitudes. - 2008 Elections

I always hate it when

I always hate it when someone trashes a member of their side of the aisle simply because they disagree with them. I take very seriously what Turley has to say here. Very much food for thought.

In the end, it might not matter, as he pointed out that other "lightweights" have made it to the court before. 

→ Just great, bal

And here I was warming up to the two-dimensional sales pitch on the marquee.

LATINA FEMALE TO REPLACE SOUTER

Now the "soft bigotry of low expectations" sets in as words like "lightweight" find their way into the discussion even though the LATINA FEMALE graduated at the top of her class at Princeton.

Turley must be a racist.

BWAHAHAHAAAA!

 

? Did I inadvertently say

?

Did I inadvertently say something wrong? 

→ No, bal

I have no way of inferring any level of advertence in your remark.  I wouldn't be so assumptuous, would I

It's just a trick of the liberal left to shout "RACIST!" every time the credentials of a minority are questioned.

 

but, but, but....she's

but, but, but....she's hispanic!  She's a female!   She's a liberal!  how could she not be a great Supreme (not as good as Diana Ross, maybe.  But great none the less).

 

"Who are you going to believe, me or all that lying data?!" 
-Al Gore

Stop!  In the name of law,

Stop!  In the name of law, before you break my court.

Think it over... 

"Beauty is only skin deep, but liberal's to the bone." - me

...

LOL! Great work, HockeyKid!

But most importantly, Obama selected her....

....and who are we to question his wisdom?

Turley's opinion doesn't matter.

At least not to me.

Judges and justices are appointed for mostly political reasons. Lawyers in government have so piled and muddied up our laws, that people assume we need more lawyers to clear up the very waters that they polluted. 

The reason I would oppose Sotomayor would not be for her intellect. It would simply be that her opinions are not the same as mine. Personally, I think I would be the best choice for the position. It is only my dislike of black robes that keeps me from the bench. Crowns are a different story, so if you all's are lookin' for a king...

 

Healthcare...Food...Education...Housing... - What sprouted as free for some is maturing into a free-for-all.

Firefighters

Political correctness rules in today's society, especially in the MSM, and if you don't subscribe to the syrupy, PC-GroupThink on every single issue, you are, as the KOS poster pointed out about Turley, a racist, a sexist, a Nazi, etc. 

 Basically, suspend common sensense, objectivity and rational thought and you'll be considered one of the good guys.  Just focus on emotion and people's "very, very compelling life stories".

On the fire fighters case, I agree with Sotomayor and I think the logic used in that decision should be applied at the university level as well:  If a sufficient number of minorities ("minorites" =  PC-speak for "blacks", btw) in a class do not pass, then NO ONE in the class - even A students - should receive credit.  Everyone will have to re-take the class, and hope the second time through enough minorities pass to make the result "legitimate".  Sorry, but we must redress past injustices and the best way to do that, of course, is to create new injustices.

Thanks for the video.  Can

Thanks for the video.  Can you imagine a conservative law professor saying, “We’re not selecting a housepet?”  What a hoot.

Toobin and Turley

The comparison between Toobin's "moderate liberal" treatment and Turley's intellectual honesty is plain to see. Toobin apparently will always remember his bread is buttered on the left side and his opinions will conform to the expectations of his listeners. His previous examinations of Gitmo, non-uniformed irregular killers, torture allegations all have tilted away from the plain meaning of words (I'll stop here before I get too excited). Turley, though I have disagreed many times with his arguments, at least has the intellect to explain his reasoning forthrightly and the gravitas to command consideration even if one is apt to disagree. Now he will feel the same whip others have felt. The liberal lash of the left has been applied to William Raspberry, Juan Williams, David Horowitz, any black Republican, and all other Liberals who had a "Hey, wait a minute" thought. There are only two questions. Will Turley remain true to himself? How long will the lash be applied?

While I am not nearly as big

While I am not nearly as big a fan of Turley as he is of himself, listening to Shyster interview him, makes me think of Donald Duck interviewing Albert Einstein.

Now the Republicans are no

Now the Republicans pose no threat, the liberals turn on each other. 

Oh well, if the downside is that we have no power, the upside is that it's entertaining to watch their infighting...

The "Mainstream" Media: By liberals. For liberals.

Ha! The funniest thing about this video

Is chrissies face. No, not just because he is funny looking anyway, but because he looks like he is trying to figure out who just farted - or trying to make sure it wasn't him. :)

"This liberal would be all about socialize -- uh, uh, would be about basically taking over and the government running all of your companies."-Maxine Waters 2008

Not selecting a house pet?

That would be pretty funny if it weren't so close to the truth.

Obama has grasped the ultra-left wing stars with this SCOTUS pickThe long term price for our Country of this woman being seated is almost unthinkable, yet the GOP is already being brought to heel.  Its sad when our best hope is that the libs will eat their own.

___________________________________________ 
Who controls the past controls the future. Who controls the present controls the past - George Orwell - 1984

Sotomayor could be trouble...

Turley could be onto something here, as amazing as that may seem coming from him...Aside from his opinion about Sotomayor's lack of intellectual heft, she apparently has the reputation of not being particularly good at being a part of a team. She is known for being very opinionated to the point of being strident, combative, argumentative, and somewhat difficult to get along with in a group. So, she could present a challenge to the rest of the court members, who seem to be a fairly genial and mellow bunch.

With any luck however, Sotomayor won't even get the chance to serve on the court (although it is unlikely that she won't be confirmed). But if she is, this could be interesting... 

"The problem is not that people are taxed too little...the problem is that government spends too much." ~President Ronald Reagan

Turley has been a bad boy

But then--white male. What can you expect?

i can't wait

 I can't wait until we see the new porn movie " sloppy seconds sotomayor" or the photoshopped picture of her in a bikini holding an ar15. Allright, maybe I can wait.

 

the silent are speaking( at last)

silent conservative

Here comes the hurley Turley man just singing songs of love

Which he ain't gonna get no more.  Who wants to bet on when, if ever, old JT will be making any guest apperance analysis on MSDNC? I bet he's sent to a "reeducation camp" soon for his nerve to say what he thinks. Crime #1 in our Obamanation.