Sen. McConnell
From CBS’ Jill Jackson:
Senate Republican Leader Mitch McConnell says committee would have to review 76 cases per day to be ready for Sotomayor hearing July 13.
Well, then. Sounds overwhelming, right? Not really, considering the number of staff that have been brought on by the Republicans. You’ve got — at least — Orin Kerr helping Sen. Cornyn, the Republicans’ anti-gay chief counsel brought on by Sen. Sessions and the four attorneys brought on to help the Republicans on the committee specifically for the nomination. That’s less than 13 cases a day — and that’s assuming, probably incorrectly, that those are the only people helping go through the cases.
What’s more, let’s keep in mind that only 6 of the cases in which she has participated have been accepted for review by the Supreme Court. And two of those were affirmed. Are the Judiciary Committee’s Republicans really going to need a significant amount of time to review the many unanimous panel decisions on which Sotomayor sat and did not write and in which there was no en banc or Supreme Court review? I don’t think so.
Finally, I’d be willing to bet that the Republicans started reviewing her opinions the day Justice Souter announced he was retiring, if not before. I doubt the 76 number would even hold up to honest scrutiny.
This is a non-argument — like most arguments against Judge Sotomayor’s speedy confirmation — and it should be treated as such.
[UPDATE: Additionally, as @delrayser points out, many of the cases McConnell is talking about were decided before Sotomayor was elevated and, thus, have been looked at before.]
Popularity: 1% [?]
Chris Geidner is the award-winning senior political editor at D.C.'s Metro Weekly and has written for The Atlantic Online, The American Prospect, Advocate.com, Salon and other publications, as well as at his blog, Law Dork. In 2011, he received the Excellence in News Writing Award from the National Lesbian and Gay Journalists Association for his coverage of "Don't Ask, Don't Tell" repeal. Prior to moving to D.C. in 2009, he served as an attorney on the senior staff at the Ohio Attorney General's Office and had earlier worked for a leading Columbus law firm. An extended biography can be found
If the Republican Judiciary Committee staff didn’t start researching her opinions the day after Pres. Obama was elected, they’re somewhat incompetent.