Washington Post resident conservative Charles Krauthammer just decked Charles Krauthammer. In today’s Washington Post, Krauthammer wrote that Senate Republicans should criticize and then confirm Supreme Court nominee Sonia Sotomayor.
“What should a principled conservative do? Use the upcoming hearings not to deny her the seat, but to illuminate her views. No magazine gossip from anonymous court clerks. No ‘temperament’ insinuations. Nothing ad hominem. The argument should be elevated, respectful and entirely about judicial philosophy.”
Krauthammer’s Friday philosophy surely is well-intentioned, but the man just cannot hold himself together. Near the end of his column, he writes: “Vote Democratic and you get mainstream liberalism: a judicially mandated racial spoils system and a jurisprudence of empathy that hinges on which litigant is less ‘advantaged.’”
That’s not elevating the argument. And Krauthammer certainly didn’t elevate the argument on Tuesday when he said he’s worried that Sotomayor’s “concern for certain ethnicities override justice.”
I also have to take issue with Krauthammer’s contention that “a president is entitled to deference on his Supreme Court nominees.” Confirming Supreme Court nominees is a power of the Senate which provides a check on the power of the executive. It would be irresponsible for the Senate to simply rubber stamp a Supreme Court nominee.
The Republicans in the Senate have every right to vote against Sotomayor. Republicans won’t oppose her - not because they believe in any sort of principle - but because it would be a stupid decision politically.
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