Judiciary

Cokie Roberts appeared on Friday's "Good Morning America" and agreed with Supreme Court nominee Sonia Sotomayor's 1994 comment that a wise woman would come to a better conclusion than a man. Roberts, cheered, "Of course, I would agree with her that they're better." Fellow ABC journalist Sam Donaldson empathized that if the judge made a mistake, "it was a Joe Biden problem. She blurted out the truth." [Audio available here]

Throughout two segments on the program, various reporters and guests justified Sotomayor's comments. Roberts attempted to explain away the comments, which are in addition to the now famous 2001 "wise Latina" quote. She sympathized to co-host Diane Sawyer, "You go before these big women's groups. And, Diane, I'm sure you've done it. I've certainly done it many times." With no hint of controversy, Roberts added, "And you do say things that kind of rev up the crowd and get women excited. And one of those things that you do say is that women are better than men."

CNN’s Soledad O’Brien went so far to use the role of food in “ethnic identity” to support Supreme Court nominee Sonia Sotomayor during Thursday’s “Newsroom” program. When she was asked about Sotomayor’s now-infamous “wise Latina” remark from 2001, O’Brien bizarrely cited a more culinary part of the nominee’s speech where she talked about “pig’s feet and the other special dishes particular, not just to Puerto Ricans, but many Latino families.”

Anchor Heidi Collins first read Sotomayor’s “wise Latina” remark in 2001 to set up O’Brien’s sympathetic and unusual take on the nominee: “Soledad, some people would say the context is not complete with that comment, and because of that, as usual, when you don’t have context, something might be lost?” The CNN special correspondent wholeheartedly agreed and replied that people should read the entire 2001 speech. She continued with her first emphasis on Sotomayor’s ethnic identity: “Puerto Ricans are Americans. She is not an immigrant to this country. What formed her identity, she says, are the shared traditions. And here’s a little bit of what she says about the food. She says, ‘For me, a very special part of being Latina is the mucho platos de arroz, gandoles y pernir- rice, beans and pork- that I have eaten at countless family holidays and special events.’ This is during her speech- she says in the speech back in 2001. She goes on to talk about the pig’s feet and the other special dishes particular, not just to Puerto Ricans, but many Latino families.”

Thursday night, as my colleague Brent Baker noted, ABC and NBC fretted that Supreme Court nominee Sonia Sotomayor might not adhere to a strict liberal orthodoxy on abortion. NBC reporter Pete Williams said Sotomayor’s views on abortion were a “mystery,” while ABC’s Jan Crawford Greenburg declared “both sides in the contentious debate want to know more.”

On Wednesday’s CBS Evening News, correspondent Wyatt Andrews sounded the same alarm: “Pro-abortion rights groups worried aloud today that the President — who promised an abortion rights nominee — never asked Sotomayor, who is Catholic, where she stands.”

On Thursday’s Today, co-host Matt Lauer opened the show by demanding to know “Where does she stand? Liberal activists voicing concerns over Supreme Court nominee Sonia Sotomayor and her stance on abortion. This morning, they’re demanding to know if she’s pro-choice or pro-life — and why President Obama never asked.”

But this isn’t the first time the networks have channeled the worries of liberal pro-abortion groups about a Democratic President’s Supreme Court nominee.

During a segment on Friday’s “American Morning,” CNN correspondent Carol Costello used two liberal talking heads to cast doubt on the “judicial activist” label used by conservatives. Costello used three sound bites from Jonathan Turley of George Washington University Law School, who branded the use of the term as “perfectly juvenile,” and one from NPR’s Nina Totenberg to cast aspersions on conservatives who are concerned about judges legislating from the bench.

Costello’s report, which began 20 minutes into the 6 am Eastern hour of the CNN program, began by labeling the “judicial activist” term itself an “act” by politicians: “We hear politicians say it all the time, ‘we don't need an activist judge legislating from the bench.’ But what exactly does that mean? Critics roll their eyes when they hear, ‘we don't want an activist judge on the bench,’ when, in reality, that’s exactly what they want. I’m just saying, if that’s true, why not drop the act and tell voters what you really mean?” She further explained that it was a “buzzword that’s got staying power.”

You'd expect to see this in the liberal blogosphere or possibly some of the national mainstream media outlets with an obvious agenda. But now some of the preemptive strikes against Republican senators leading up to the Senate confirmation hearings and eventual vote to confirm President Barack Obama's Supreme Court nominee, Sonia Sotomayor, are finding their way into local newspapers.

An op-ed published in The Anniston (Ala.) Star on May 28 by Ari Rabin-Havt, the managing director of the left-wing Media Matters Action Network, attacked the new ranking Republican of the Senate Judiciary Committee, Sen. Jeff Sessions, R-Ala. He alleged that if Sessions and other Senate Republicans didn't commit to taking a filibuster off the table for Sotomayor's confirmation, they would be guilty of hypocrisy.

ABC senior legal correspondent Jan Crawford Greenburg on Thursday examined a controversial decision judge and Supreme Court nominee Sonia Sotomayor made on racial discrimination, while, at the same time, repeatedly declaring that it would be "almost impossible" for Senate Republicans to derail her promotion to the high court. Talking with "Good Morning America" host Robin Roberts, Greenburg asserted, "She's qualified. She's experienced. It's going to be almost impossible for Republicans to do anything to stop her."

Later, after recounting the large Democratic majority, she again proclaimed, "And it's going to be almost impossible, like I said." Now, considering the unfolding revelations about Sotomayor's comments on legislating from the bench, her assertion that a "wise Latina woman" would often reach a better conclusion than a white male, wouldn't it make more sense to not portray the federal judge's nomination as inevitable and as a self fulfilling prophecy?

On balance, however, Greenburg should be commended for filing a report that actually examined the 2003 case of a white, New Haven, Connecticut firefighter who filed a discrimination lawsuit after being denied a promotion, despite obtaining the highest score in a exam. Greenburg pointedly explained the involvement of the nominee: "Sotomayor and two fellow judges dismissed the white firefighters claims and 2000 pages of court papers and filings in one paragraph."

CNN host Larry King used many of the arguments that advocates of same-sex “marriage” use during his “Larry King Live” program on Tuesday. Hours after the California Supreme Court upheld the voter-approved Proposition 8 which protects traditional marriage, King used the oft-used comparison between the ban on same sex “marriage” and the ban on interracial marriage in the South, and brought up how the Book of Leviticus condemned other practices like the eating of certain foods besides condemning homosexual sex acts. He also repeatedly asked conservative talk show host Dennis Prager what the “big deal” was about same-sex “marriage.”

During the first segment on the topic, which began 13 minutes into the 9 pm Eastern hour of his program, King interviewed San Francisco Mayor Gavin Newsom and Dr. Jim Garlow, pastor of the Skyline Wesleyan Church in La Mesa, California. The CNN host turned to Dr. Garlow for his thoughts after asking Newsom for his reaction to the Prop 8 ruling: “Doctor Garlow, are you annoyed that those 18,000 can stay married?” After the pastor answered that “we wish they would have not done that” and expressing his gratitude for the court’s decision, King followed up by asking, “From the way the voting has gone over the years, Doctor, does it look like the tide is turning against your position, with other states now -- six states, I believe -- allow it?” Garlow replied, “Well, 30 states have voted on this, and all 30 states where they -- people have been allowed to vote, they have all voted for traditional marriage every single time....Where the people get to express themselves, the average pass rate has been 68 percent. That means seven out of 10 Americans support traditional, natural marriage.”

Ann Coulter and James Carville went head-to-head on Good Morning America this morning.  Incredibly, James Carville survived.

At least, it sounds incredible until you read the transcript.  A total of nine questions were asked of the two pundits, seven of which went to Coulter.  Carville, on the other hand, was simply allowed to respond to Coulter without questioning - an unfiltered rebuttal, with free airtime provided by ABC.

This, however, was not the most egregious point of controversy.  Carville was allowed, with no challenge from the host, to provide ad-hominem attacks against conservatives – as well as irrelevant, non-sequitur praise for Judge Sonia Sotomayor.  The transcript speaks for itself:

After playing a clip of Rush Limbaugh charging Supreme Court nominee Sonia Sotomayor with bigotry and racism, Chris Matthews, on Wednesday's "Hardball," implied Limbaugh was the racist as he asked a guest panelist Jeanne Cummings of the Politico, "Is this the pot calling the kettle black?" To which Cummings responded that the radio talk show host was going to "chase," all the Hispanics away from the GOP:

Well all I know is it's the worst nightmare for the Republicans, I mean they're trying to calculate whether they should vote against her, how aggressively they should try to sort through her record and challenge her during hearings. And with things like that, and all that calculation to try to keep Hispanic support, even as small as it's gotten for Republicans. Rush Limbaugh can chase ‘em all away in an afternoon with that kind of talk." [audio available here]

The following is the full segment as it was aired on the May 27 edition of "Hardball":

During the 3:00PM EST hour on MSNBC on Wednesday, political analyst Pat Buchanan wondered why President Obama’s short list for the Supreme Court only included women, in response, anchor Norah O’Donnell declared: "Did it ever occur to you, Pat, that maybe there weren’t any white men who were qualified?" (video here)

Buchanan replied: "No, it did not occur to me...You mean there are no white males qualified? That is – that would be an act of bigotry to make a statement like that." O’Donnell defended her remark by claiming past discrimination against women in the nominating process: "In the past there have been no women that have been qualified." Buchanan argued: "They certainly have been qualified in the past. I don’t doubt there are. But probably half of the great lawyers and judges are white males in this country. And to rule them out, why? Because of their sex and because of their race is wrong, I think. At least it’s affirmative action."

O’Donnell rejected Buchanan’s claim: "I don’t think you have proof that they did that." Buchanan asked: "How did he come down to four women?" O’Donnell simply repeated White House talking points: "He said that they were the best and that met the views that he had, the particular criteria." Buchanan summed up that "criteria": "One of them, it’s got to be a woman, and the other it got down to be, ‘hey, it’s an Hispanic,’ that’s affirmative action."

NBC's Matt Lauer, on Wednesday's "Today" show greeted viewers with the following teaser: "Good morning, Supreme showdown. Republicans gear up for a fight over President Obama's nomination of Sonia Sotomayor to the nation's highest court," and then asked the racially loaded question: "But will taking on the first Hispanic nominee cost them down the road?" Lauer and other "Today" correspondents repeatedly questioned if Republican opposition to Sotomayor would cost them Hispanic votes in upcoming elections. However no one on "Today" mentioned it was Democrats, back in 2003, as the MRC's Tim Graham pointed out, who opposed the nomination, by Republican President George W. Bush of Miguel Estrada at the circuit court level.

On Wednesday’s CBS Early Show, co-host Maggie Rodriguez was unusually tough on Supreme Court nominee Sonia Sotomayor as she asked the judge’s former clerk, Julia Tarver Mason, about some of Sotomayor's past controversial comments: "...she, herself, has rejected the notion that a judge should decide cases based solely on facts and the law...referring to one case – she hopes that ‘a wise Latina woman would reach a better conclusion than a white male.’ What do you say to critics who say if a white conservative male had said that, he would have been booted out of the judiciary?"

Mason defended her former boss: "Well, I think that comment has been grossly misconstrued, frankly, it was a comment she made in a speech a decade ago, talking about the importance diversity on the court... when she decides a case, she decides it based on the law, as that's appropriate." Earlier Mason had argued that Sotomayor was "legal purist" and "...not someone who is going to try to reach a particular result in a particular case. She calls them straight down the middle, just like she sees them."

Rodriguez later followed up with a question about one of Sotomayor’s most controversial decisions: "Some of her critics are also bringing up a case where she sided against some white firefighters who claimed reverse discrimination in hiring practices...Rush Limbaugh has called her a ‘reverse racist.’ Could that be true?" Mason denounced Limbaugh: "That's an absurd notion. If – Judge Sotomayor is one of the most egalitarian people I’ve ever met...the fact that people from the right are throwing these outrageous allegations right now is just an indication that they don't know much about her record...it was not in any way a radical decision by her. And it was supported by the city of New Haven itself. So if you call her racist, you have to call the entire city of New Haven racist."

ABC’s “Good Morning America” program on Wednesday led their 7 am Eastern hour with three positive reports about Judge Sonia Sotomayor, highlighting her judicial background and personal story.

Anchor Diane Sawyer began the program with a promo of this coverage: “The battle begins: How will President Obama’s Latina powerhouse handle the opposition?...And we also go home to bring you personal details about the girl from the housing projects, nominated for the Supreme Court.”

Correspondent Claire Shipman went so far as to play up trivial details from the nominee’s personal life: “She’s also an avid Yankees fan, a mean guacamole maker, and a fierce biker.” None of the coverage explained how making a killer chip dip adds to her qualifications for the Supreme Court.

After Sawyer’s initial promo, fellow anchor Chris Cuomo immediately chimed in and highlighted the presence of Sotomayor’s mother at the president’s press conference: “Now, I know that the selection of a nominee to the Court is supposed to be about the law and philosophy, but what a human moment to see Sonia Sotomayor talking about her mother. It was really a great human moment yesterday. There’s her mom, literally brought to tears by such a special occasion.”

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:

CNN senior legal analyst Jeffrey Toobin on Tuesday twice labeled President Obama’s Supreme Court nominee Sonia Sotomayor a “moderate liberal.” On American Morning, minutes after the Latina judge’s name emerged near the bottom half of the 8 am Eastern hour, Toobin predicted that she would “probably have very little trouble getting confirmed, and who will be a voice like David Souter for moderate liberalism.” Hours later, during The Situation Room program, he predicted that Sotomayor, if confirmed, would rule as a “moderate liberal, like Ginsburg and Breyer.”

American Morning anchor T. J. Holmes brought on the legal analyst to discuss the Obama nominee. Toobin first outlined that Sotomayor was “a very eminent judge....She brings a certain bipartisan aura, because she was originally appointed to the federal district court by the first President Bush....[T]his looks like a very solid pick, someone who will probably have very little trouble getting confirmed, and who will be a voice like David Souter for moderate liberalism.” Minutes before on the CNN program, Harvard law professor Alan Dershowitz referred to the nominee as “moderate and to the left.” Holmes followed up on this note, and asked, “Is that about right?”

ABC News didn’t use any labels such as liberal or progressive to describe Judge Sonia Sotomayor during its Tuesday morning coverage of her nomination to the Supreme Court. On the other hand, when President Bush nominated Justice Samuel Alito to the high court in 2005, the network’s correspondents repeatedly used the conservative label to describe the nominee.

During the first segment of the 7 am hour of Good Morning America, before Sotomayor’s name emerged, This Week anchor George Stephanopoulos summarized who was on President Obama’s short list for the court nomination, including Sotomayor, describing the former or current occupations they have, but no ideological descriptions. When anchor Diane Sawyer asked about “what kind of fight is the White House anticipating” from Republicans in the Senate and “how do they plan to deal with it,” Stephanopoulos further explained that “Republicans and conservatives have already prepared dossiers on all three of the top candidates....I’ve talked to several Republicans in the Senate about this -- that the chances they’re going to defeat President Obama’s nominee are very, very low. The bar they’re trying to set -- they’re trying to have a debate over the future of the court, over the ideological direction of the court.” But he never mentioned Sotomayor’s judicial philosophy or political leaning.

Chris Matthews, on Tuesday's "Hardball," couldn't contain his excitement over Obama's nomination of Sonia Sotomayor as he brought on David Axelrod to praise, to the White House advisor's face, the rollout of the Supreme Court nominee as he cheered, "It was a brilliant piece of work....it couldn’t have been done any better," and then later gushed that Barack Obama, "Wowed us!" with the pick. Matthews also claimed the only opposition to Sotomayor was made up of the "crazies," and "whack jobs," like Rush Limbaugh as Matthews told Axelrod "The only critics of this nomination with any kind of violence are that R.N.C crowd: Rush, Newt and...Cheney."

The following exchanges were aired on the May 26 edition of "Hardball":

CHRIS MATTHEWS TO AXELROD: You know since you fellows came to the White House I've been looking at the patterns, the, the team of rivals aspect of bringing Senator Clinton aboard as Secretary of State. The, sort of, the Reagan model of getting things done as quickly as you can because you only have so much mandate. And then I've looked at the Chicago model, which is to act as if there's only one governing party and then basically do warfare with the crazies out there,

Norah O'Donnell and Rachel Maddow can't seem to make up their minds. In the same segment, Maddow argues - and O'Donnell fails to question - that Judge Sonia Sotomayor was not picked as an affirmative-action nominee, and follows with the mystifying non-sequitur that opposing "the first Hispanic Supreme Court Justice" would be politically damaging for the Republican party.

O’Donnell was interviewing Rachel Maddow (normally exiled to the prime-time wing-nut section of MSNBC programming, Maddow instead made an appearance just after three PM on Tuesday), and immediately served up a steaming dish of Rush Limbaugh controversy.  In keeping with the liberal myth of Republican racism, Maddow immediately pounced:

While NBC's Matt Lauer, Pete Williams and Chuck Todd all appropriately applied the liberal label to Supreme Court nominee Sonia Sotomayor, on Tuesday's "Today" show, Lauer did try to sell the concept, advanced by the Washington Post, that Sotomayor wouldn't be "reflexively liberal."

MATT LAUER: Right, however in the Washington Post, back in May Pete, when writing about her judicial philosophy they said this, quote, "Sotomayor would probably be a reliably liberal vote on the Court, split into conservative and liberal blocks, on many issues, but her friends and colleagues and former clerks say, she would not be reflexively liberal or results oriented but would adhere to the law and the Constitution." We talking about a fine line there?

The following is a full transcript of the segment as it occurred on the May 26 edition of the "Today" show:

MATT LAUER: NBC News has learned that President Obama has tapped federal appeals court judge Sonia Sotomayor as his first nominee to the U.S. Supreme Court. We'll get more on this right now from NBC's chief justice correspondent Pete Williams. Pete, good morning, what can you tell me.

Gender and sexual orientation matter more than judicial philosophy and experience, at least according to the CBS "Early Show" on May 14.

The morning news program focused its discussion of only two of the potential Supreme Court nominees - two openly gay women.

Co-anchor Julie Chen announced the story saying, "Washington is all a buzz over the two openly gay women under consideration." Senior White House correspondent Bill Plante's story followed, which he began by asking "Is America ready for a gay Supreme Court justice?"

When the late Playboy centerfold and tabloid-media celebrity Anna Nicole Smith graced the white marble steps of the Supreme Court in 2006, the network news operations couldn’t get enough of the story. The blonde floozy had married a fabulously wealthy Texas oilman who happened to be 62 years her senior, and now she wanted to collect his estate. It was a serious legal challenge, and a salacious gossip story, and the networks covered it religiously.

But when a Supreme Court decision affects the networks directly, and adversely, there’s no coverage.

The Supreme Court ruled on the case of ABC, CBS, NBC, and Fox all suing the federal government for the right to drop F-bombs and S-bombs on young children. The Second Circuit had agreed with the networks that regulation of "fleeting" expletives was "arbitrary and capricious." There was great interest then. Both ABC and CBS put on full stories to discuss the issues. But last week, the Supreme Court overturned the lower court. I bet you didn’t know that, and if you didn’t, it’s because the networks didn’t report it.

Now that Sen. Jeff Sessions, R-Ala. has been named the ranking member of the Senate Judiciary Committee, some on the far-left are gunning for Alabama's junior senator. The battle is happening as President Barack Obama is on the verge of naming an appointee to the Supreme Court to fill void of Justice David Souter.Some of the left-wing points that suggest Sessions has racist tendencies were incorporated into a May 6 Politico story by John Bresnahan and Manu Raju.

"By elevating Alabama Sen. Jeff Sessions to their top spot on the Senate Judiciary Committee, Republicans have selected their chief inquisitor for President Barack Obama's first Supreme Court nominee: a Southern, white conservative man who has drawn fire for racially insensitive comments in the past," Bresnahan and Manu Raju wrote. "Democrats like how this is looking."

The story sets up Sessions to be on the defensive about race by spinning the senator's own history. According to the Politico story, Sessions had been accused of unfairly targeting black civil rights workers for election fraud charges as a federal prosecutor during a 1986 Senate hearing for a spot on the federal bench.

NBC anchor Brian Williams' Web surfing centers on liberal sites, as at least evidenced by the reading list he recommended in his Monday afternoon entry on The Daily Nightly blog consisting of four articles, all from left-leaning sites: Slate, The New Republic and The Daily Beast. “Because of my Souter departure obsession,” he explained, “today I want to share with you some interesting writing I found over the weekend.”

The suggested reading started “with a former Souter clerk (a familiar name from American history).” That would be “Justice Cincinnatus: David Souter -- a dying breed, the Yankee Republican,” by Kermit Roosevelt on Slate who maintained: “I think Souter is indeed in many ways a Republican; it's just that his sort of Republican no longer really exists.” Translation: liberal. Roosevelt hailed Souter's resistance to overturning Roe v Wade: “The charge fell short in the end, turned back by just a few people, Souter crucially among them, who found themselves in the right place at the right time.”

Second, Williams highlighted “a great essay by a journalist who covers the court.” That's “Justice Heartbreaker: David Souter leaves the court that left him behind,” also on Slate, by Dahlia Lithwick. She quoted President Obama's wish for a justice who has “that quality of empathy, of understanding and identifying with people's hopes and struggles as an essential ingredient for arriving at just decisions and outcomes.” Lithwick then concluded: “He could have been describing Justice Souter, a man who may have looked on the surface like he preferred books to people, but in reality, and perhaps unbeknownst even to himself, always put people first.”

New video has surfaced of possible Supreme Court nominee Sonia Sotomayor remarking that the courts are the place "where policy is made." Sotomayor, who is a federal judge on the U.S. Court of Appeals for the Second Circuit, was giving a speech at Duke University in 2005  when the footage was shot. She quickly added, "And I know this is on tape and I should never say that, because we don't make law. I know." As the audience laughed, the judge, who is rumored to be a replacement for retiring justice David Souter, qualified, "I'm not promoting it and I'm not advocating it." More snickering from the crowd followed.

This is the same person that ABC anchor George Stephanopoulos touted on last Friday's "Good Morning America." The "This Week" host spun, "She would be not only a woman, but the first Hispanic on the court. She's built up a strong centrist record on the court." Noting that Sotomayor was nominated by President George H.W. Bush (who, it should be pointed out, also picked the liberal Souter), Stephanopoulos asserted, "So, she has got some bipartisan credentials."

In a brief item Monday evening about Jack Kemp's passing, the NBC Nightly News delivered an obit on Kemp's life, but while Brian Williams didn't find room in his 37-second update to mention how Kemp was behind the successful, supply-side Regan tax cuts, he decided it was newsworthy to point out how “Kemp was a conservative purist who, in a letter to his grandchildren months before his death, said the election of Barack Obama was proof that we live in a great country.”

So, was Williams just trying to make Kemp look good -- or was he trying to impugn other conservatives who weren't so excited about Obama's victory or, third option, was it a way for Williams to convey to his liberal audience and the Manhattan social circuit that Kemp really wasn't one of those awful conservatives the media so often denigrate? Or all of the above? I ask, you decide.

The New York Times' former Supreme Court reporter, liberal Linda Greenhouse, came out of journalistic retirement (she's now senior fellow at Yale Law School) to write the lead Sunday Week in Review profile of retiring Supreme Court Justice David Souter, "Justice Unbound -- Washington is only where Souter goes for his 'annual intellectual lobotomy.' At home, he reads history."

Souter was nominated by the first President Bush but disappointed conservatives by often voting with the court's liberal bloc, which may be why Greenhouse wished him such a fond farewell:

David H. Souter had no agenda 19 years ago when he took his seat on the Supreme Court, but he did have a goal: not to become a creature of Washington, a captive of the privileges and power that came with a job he was entitled to hold for the rest of his life. In this, no matter what else can be said about his tenure on the court, he succeeded brilliantly.

Just a few decades ago, this would hardly have been a singular accomplishment. Even the most distinguished Supreme Court justices often disappeared from public view, speaking only through their opinions -- the full texts of which were all but inaccessible to ordinary citizens without access to a law library. But in this media-saturated age, the justices are everywhere. If they are not on book tours, they are opining on the authorship of Shakespeare's plays, or mingling with their peers in Europe, or on C-Span addressing high school students, or at least delivering named lectures at law schools.

None of this held any appeal for David Souter, who after returning home from his Rhodes scholarship at Magdalen College, Oxford, crossed the Atlantic only once again, for a reunion there. Who needed Paris if you had Boston, he would remark to friends. When the court is in recess, he gets in his Volkswagen and heads to Weare, N.H., to the small farmhouse that was home to his parents and grandparents.

Greenhouse took sides on a recent Supreme Court decision:

Friday afternoon, CNN anchor Rick Sanchez observed that since “Obama is essentially replacing...a more liberal judge with what will eventually probably be a liberal judge doesn't really change things a lot,” but, he contended, a President McCain would have caused an “extreme” shift, as if one more non-liberal on the court would cause an “extreme” change: “If John McCain were the President of the United States today, this court would be changing in extreme ways, wouldn't it?” Of course, if McCain were President there wouldn't now be an opening on the court and it presumes McCain would nominate a conservative.  

Sanchez's formulation, in which had cited RNC Chairman Michael Steele's point that Supreme Court openings are why conservatives should have supported McCain, came just after CNN's legal analyst, Jeffrey Toobin, described the court's current make up as consisting of “four very conservative justices” and four just plain “liberal justices” -- apparently not “very” liberal.

During the 3PM EST hour of live coverage on MSNBC, anchor Norah O’Donnell turned to White House correspondent Savannah Guthrie for reaction to President Obama’s surprise appearance at the daily press briefing to discuss the retirement of Supreme Court Justice David Souter: "Savannah, let me just start with you, the shock factor. I mean, you've got that seat right there by where the President walked out. Were you surprised?" Guthrie replied: "Shocked is more like it, Norah. I felt a little bit like I was having a dream sequence minus the pink unicorn. I have to say, we attend those briefings every day, they are rarely so exciting." [audio for download here]

Guthrie went on to explain: "I had kind of been giving Gibbs a little bit of a hard time, saying, 'look, why does everyone in Washington know this and you're telling us there's been no communication between Justice Souter, the Supreme Court, and the White House?' And sure enough, the President walks in and said ‘I just got off the phone with Justice Souter.’" O’Donnell asked: "Are you suggesting, Savannah, it was your questions that were the reason the President walked out? Because that sounds like where you're going with this." Guthrie humbly replied: "Well, I'm not quite that self-centered. But all I'm saying is I'm very happy to have my question answered, and certainly, personally by the President."

What should President Obama’s impending Supreme Court Justice be?  A thoughtful jurist?  A legal scholar with impeccable credentials?  An experienced, accomplished, wise legal expert to judge whether laws are Constitutional?

Apparently, the most important thing to remember is that this justice should be a Hispanic woman.

Joe Scarborough of MSNBC’s “Morning Joe” was conducting pundit interviews this morning for analysis on Justice Souter’s newly announced retirement.  One such pundit was Tavis Smiley, and as a gentle segue into the subject of identity politics, Scarborough brought up Justice Clarence Thomas [emphasis mine]:

While reporting on the announced retirement of Supreme Court Justice David Souter on Friday’s CBS Early Show, correspondent Wyatt Andrews explained: "Souter quickly stunned conservatives in 1992, casting the crucial fifth vote to uphold Roe vs. Wade in the landmark abortion case Planned Parenthood vs. Casey. Souter evolved into one of the court's more liberal justices."

Andrews went on declare that: "Obama specifically promised to appoint justices who are pro-abortion rights." A clip of Obama on the campaign trail was played: "That's why I am committed to appointing judges who understand how our laws operate in our daily lives, judges who will uphold the core values of our Constitution, that's why I won't back down when it comes to defending the freedom of women." Andrews concluded: "In the search for his replacement, the President will face significant pressure, not just to name a liberal justice, but also to appoint a woman justice."