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I think this analysis has a fatal flaw in it. Sotomayor is an affirmative action appointment and hence her ability is no greater than a generic democrat. If Sotomayor was essentially Michael Jordan than all the arguments for keeping her on the bench would be in play. But she’s basically Javale McGee and a replacement level justice.
It’s definitely an interesting thought experience that it can be beneficial to keep a justice on the court but I can’t agree with the actionable part of it and basically view Sotomayor as low IQ (relatively) without the talent to be great.
@ThenElection
This is why I brought up the example of Clarence Thomas, the single most obvious Affirmative Action appointment in the history of the Court, who has developed significantly over the course of his career. Conservatives are much more likely to cite Thomas' concurrences today than they were in 2002, when even Originalists joked that he was Scalia's sidekick.
I spent most of law school hearing obnoxious liberals (mostly white) talking about how dumb Thomas was; the fact is that he is probably smarter than most. Even the AA SCOTUS appointments are really smart people! ((One of the things that's so offensive about open AA is that it undermines the credentials of what are, factually, very accomplished people)) Maybe they're top 1% lawyers rather than top 50 lawyers, but they're smarter than the vast majority of the people criticizing them for being dumb. She might not be putting out top tier stuff at any given time, but she could grow into the role, like Thomas did.
I'm reminded of the Twitter discourse after the Oakland v Kentucky game this March, when a million people made jokes about Jack Gohlke being white and a future car salesman. And it just struck me as so distasteful for black twitter users who are probably fat and out of shape to mock a guy for being merely a top 3000 basketball player in the world instead of a top 200 player who belongs in the NBA.
I happen to like Sotomayor on a personal basis, in that I think it's hilarious that she'll go to Yankees games and sit in the Judge's Chambers. She's far from my least favorite justice, coming in above Kavanaugh, KBJ, and I still hate Kennedy enough to make up for the fact that he isn't actually on the court anymore.
Thomas is great.
Why do you prefer Sotomayor to those judges? She's the one who's most obviously motivated by politics, usually, I think.
Kavanaugh: I hate that he has literally never had a job. In his bio he has no job he's ever had that wasn't either judicial or political. He's never argued a case in court or had a client. Judicial jobs, even as clerks, are rarefied air: everyone treats you with deference. He worked briefly in an "of counsel" position at a law firm, and it's not clear he ever did anything there, literally he couldn't give a good answer when asked. I also find him to be a bit of a government stooge, in regret over his role with Starr he finds the President to be immune from just about everything.
KBJ: I don't like how she was nominated, and haven't seen anything to change my mind as of yet.
Kennedy: Absolute nightmare of a Justice. Obergefell will go down with Dred Scott on the list of universally reviled precedents, if the current structure of the Court even survives the results of Obergefell. The number of ways the fake-test he created in Obergefell can and will be twisted by future Justices has the potential to undermine the constitution completely. The only positive way I can skew his opinion is that he wanted so badly to protect Gay Rights that he ensconced them into a framework that will allow a conservative court to protect other rights that they care about more than they care about gay marriage.
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This is one of those things that actually playing any sport at all really shifts your perspective on. Guys that are D1 scrubs are still really, really good at their sport. Guys that are capable of having one shining moment on the biggest stage of their sport in college are a whole other level.
As it fits with the Supreme Court, I've had this argument with a few conservative friends that think KBJ is "stupid" because she's an affirmative action appointment and couldn't answer the "what is a woman?" question cogently. They're wrong, just plain wrong. I could give a lengthy rant on how much I dislike her, how utterly dishonest I think her jurisprudence is, and what a mistake I think it is to explicitly promise a SCOTUS seat to a demographic group, but it remains true that if you listen to an oral argument that she's participating in, she's obviously a smart person. Listening to the recent Missouri v Murthy case made me genuinely angry, but it wasn't like Jackson was struggling to keep up with the conversation or doesn't understand the relevant law - she's just wrong. As off-brand as it is for me, I am inclined to think that insistence that she's actually stupid has quite a bit of racism built into.
KBJ is still "young", a prospect of sorts. One of those, "She needs some refinement to bring her play up to the level of wily, consistent veterans, but she shows flashes of potential greatness," situations.
Whereas with Sotomayor, I think we pretty much know what she is. I would submit that the Thomas Revolution was less about Thomas changing/growing and more just about how people viewed his work. Lots of folks were so focused on Scalia during his life and just thought Thomas could never live up. It wasn't until Scalia passed that they re-evaluated. I don't think Sotomayor is suffering from that. Perhaps a bit of a Kagan effect, but I would find it quite difficult to imagine someone sitting down now, putting their hypothetical brain to work, removing Kagan from the picture, thinking hard about what Sotomayor's core contribution is, and coming up with a great argument that it is something that can be rallied around to really deliver. KBJ totally could.
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Didn't she confuse de facto and de jure?
https://twitter.com/RogerSeverino_/status/1587611399668342790
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I will give you Thomas. Though part of Thomas is he’s great at pissing off the left and it’s not only thru legal reasoning but being a player in the federalist society and his wife being intimately involved in 1/6.
More likely than not at this point though Sotomayor is who she is. I think the left could make a strong case for replacing her on her merits alone and not her age. If you have 3 SC justices I don’t think you can claim she is one of your top 3 liberal legal minds. If you are going to lose a lot of cases it still makes sense to have your best writing you le disagreements.
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Side note but I loved Shaqing a fool love affair with Javaleeeeee McGeeeee
I spent a few minutes trying to come up with a replacement level athlete with name notoriety. Got excited when he hit me.
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