Some thoughts here My Aunt died this week so I had to go Fayetteville Arkansas. The hearings were a much needed distraction for me during this time so I followed them closely. I was able to catch all the questioning on Tuesday on the drive up, caught the recap on Wednesday, and heard all the questioning on the drive down yesterday.
Here are a few thoughts on the confirmation
I do think think elections matter and Obama is owed some considerable deference here.
Sen Lindsey Graham must have been a fine damn trial lawyer. I think on the GOP side he was the best Senator questioning (he sort of almost drew her in and caught her off guard) with the GOP Senator of Oklahoma being a second.
I very much like these hearings without Kennedy and Biden because there seems to be less drama and needless pontificating.
I understand why potential Justices cannot answer questions that might be before them in the future ,but this receached some absurd heights. I mean when she was hesitant to talk about her view or what theory she had as to how the bill rights are incorporated against the States and local Govt I just rolled my eyes .That to me over all her answers was the least satisfying.'''
She did a good job of controlling her tempers but she has ONE!!! I kind of leaked through twice. So she should be interesting
Though she is not the verbal genius of Alito or Roberts she appears competent .
She shares with Alito the trait in Confirmation hearings of being boring is good and likely to get you confirmed.
I thought the Internataional Law controversy they were questioning her on is largely a faux one
She was laying it on a bit thick .
However her record DOES show some independence so conservatives might need to be counting their blessing.
Despite how all the talk of how the GOP is not conservative it is amazing how many conservative issues are at the forefront and how even liberal have to to move the right. We saw that as to Gun control and Property rights.
Property rights and the taking clause was discussed more than any time I can recall.
On the flip side the main advocate of that issue the Senator from Iowa makes me grimace when he talks. If you like that issue then I suggest a more articulate spokesman.
The Second Amendment was more front and center by the GOP and by two or three of the most liberal Senators that seems to agree with the right. That is real progress .
I predict both Conservatives(of a more libertarian bent) and liberals are going to be dismayed by her Criminal court opinions. I think her experience as a DA is going to make her to side with the cops and DA's more on such issues as searches and seizures etc etc.
She is a likable person .
The GOP Senators did a good job on the PR battle on issues they want the public too look at for the most part These issues include affirmative action, second amendment , pro-life etc and thus this is important in that overall war .
That being said I do think too much time was spent on the Latino comments and not enough on issues such as Federalism , and her view of the Constition interpretation. One Senator yesterday today in his last ten minute followup was the only one that raised issues of Orginalism, Living Const, Fuunders intent etc etc. That was sort of a missed opportunity
She will be confirmed The right and conservatives have lost interest. Last night on the major FOX shows it seemed her confirmation hearing was almost a after thought in placement.
I think this is good tactics In the end she is is likely in the Left of Center mainstream and that is ok. Do we GOPERS and conservatives really want a Liberal version of Scalia on the bench whose dissents could take added force over the years?
Conservatives and liberals do not want to talk about Natural Law. See her answer to the Self defense question and no GOP follow up because well natural law opens up a can of worms certain factions on our side do not want to open up. That is sad.
Finally as a Catholic Pro-lifer I am not too thrilled at all. But elections do matter. When people say the GOP and the Dems are the same they should look at this hearing. We can see despite the cynics no they are NOT the same and the election of Obama over McCain will have huge effect over the years. Just thank GOD Bush got to trade two GOP choices with out on. Lets just hope Thomas or Scalia DON'T come down with cancer or get hit by a car ,and let Stevens have many more years so Obama does not replace him
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