Day Two: Balls, Strikes, and Errors

Andrew M. Grossman / July 14, 2009

This post contains some quick takes and many quotations from the first real day of the hearings.

Let’s begin with the bottom line: Judge Sonia Sotomayor did not impress, but it probably does not matter. Her goal today was to avoid slipping and saying something that could get her into trouble. On that count, mission accomplished.

More remarkable, though, was the use of conservative language and ideas by both sides of the Committee and by the nominee herself. Today, a nominee for the High Court must at least pay lip service to applying the law as it is written, deferring to Congress on matters of policy, and rejecting the “living Constitution.” It’s just more evidence: the public and their representatives (in rhetoric only, for some) have embraced the Framers’ conception of the rule of law. Too bad furthering their vision was not among the President’s aims in selecting Judge Sotomayor. (more…)