Administration

  May 27, 2009, 11:56 am

POTUS goes for a stroll

By Hill Staff
After speaking to a group of about 400 airmen and women and their families at Nellis Air Force base outside of Las Vegas, President Obama decided to stretch his legs.

Instead of hopping into the waiting motorcade to take him to nearby Air Force One, the president opted to walk along the runway with Gen. Stanley Kreskge. The two men walked in the blazing Nevada heat, surrounded by a perimeter of Secret Service agents and the meandering, crucial parts of the motorcade.

The president, wearing a suit and sunglasses with his jacket slung over his shoulder, stopped along the way to examine an F-16 fighter jet.

Obama and his guest made the quarter of a mile distance to Air Force One in about 10 minutes.

The Hill boarded Air Force One for the short, bumpy flight to Los Angeles, where Obama is scheduled to attend his second fundraiser in as many days.

- Sam Youngman
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  May 27, 2009, 11:31 am

White House counters 'activist' charge with 'restraint'

By Jeremy P. Jacobs
The White House's counter argument to the conservative charge that Supreme Court nominee Sonia Sotomayor is an "activist" jurist became clear very quickly on a conference call with legal experts Wednesday: Sotomayor, the experts said repeatedly, has shown remarkable judicial "restraint" over the course of her career.

The White House sponsored the call that featured several Supreme Court experts and professors, a few of whom were classmates of Sotomayor's at Yale Law.

"Her instincts were of restraint," William Marshall, a law professor at the University of North Carolina, said of the Ricci case conservative groups are hanging around Sotomayor's neck. Marshall went on to say Sotomayor is a "cautious lawyer" who "reads statutes narrowly."

"She doesn't come into cases with a broad doctrinal bias," said Paul Smith, a partner at Jenner & Block, LLP. "But instead comes in and looks at the facts...and decides which way the case ought to go."

"She often reads statutes extremely closely," added Harvard Law professor Martha Minow.

Repeatedly, Sotomayor was called a "lawyer's lawyer" who respects precedent, which is another way of saying she isn't seeking to change law and policy based on any sort of ideology.

Sotomayor, said Kevin Russell a Supreme Court advocate and partner at Howe and Russell, LLP, believes it is "not her job to fix every social ill in the world."

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  May 27, 2009, 4:30 am

VIDEO: Liberal group up with ad backing Sotomayor

By Jeremy P. Jacobs
As conservative groups and Republicans consider how to oppose Sonia Sotomayor's nomination to the Supreme Court, one liberal group is going on the air on Wednesday in support of her.

The Coalition For Constitutional Values, an umbrella group that represents several public interest organizations, is going up with an simple introductory ad this morning. Check it out below.



The group says the ad buy is a "significant initial six-figure buy" and the spot will begin airing on cable news and national network news on Wednesday.

The ad stresses what President Obama emphasized in his announcement on Tuesday: Sotomayor's background and life story.

"This spot introduces the American people to Judge Sonia Sotomayor," said Wade Henderson, co-chair of the Coalition for Constitutional Values and president of the Leadership Conference on Civil Rights. "Every aspect of American life is affected by our justice system. It's important that they understand her fair-minded approach to the law which is grounded both in her eminent legal qualifications and her life experiences."

In addition to the Leadership Conference on Civil Rights, the Alliance for Justice and People for the American Way, two other large and well-known liberal groups, are behind the ad.

Looks to me that this group is beating conservatives to the airwaves. If you have seen or see any ads from conservative groups that are going on television, please post a link in the comments section below.

UPDATE: The group's bare bones website, www.ConstitutionalValues.org, is now up and running.

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  May 26, 2009, 11:40 am

Obama emails OFA on Sotomayor

By Jeremy P. Jacobs


President Obama recorded this message on his selection of Sonia Sotomayor for Organizing for America on Tuesday. In it, he discusses much of what he said Tuesday morning at the announcement.
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  May 26, 2009, 6:56 am

RNC fumbles Sotomayor talking points

By Hill Staff
Whoops. The Republican National Committee (RNC) has apparently inadvertently released its list of talking points on the nomination of Judge Sonia Sotomayor to the Supreme Court.

Included on the released list were a few hundred influential Republicans who were the intended recipients of the talking points. Unfortunately for the RNC, so were members of the media.

Here are the talking points:
o President Obama's nomination of Judge Sonia Sotomayor to the Supreme Court is an important decision that will have an impact on the United States long after his administration.

o Republicans are committed to a fair confirmation process and will reserve judgment until more is known about Judge Sotomayor's legal views, judicial record and qualifications.

o Until we have a full view of the facts and comprehensive understanding of Judge Sotomayor's record, Republicans will avoid partisanship and knee-jerk judgments - which is in stark contrast to how the Democrats responded to the Judge Roberts and Alito nominations.

o To be clear, Republicans do not view this nomination without concern. Judge Sotomayor has received praise and high ratings from liberal special interest groups. Judge Sotomayor has also said that policy is made on the U.S. Court of Appeals.

o Republicans believe that the confirmation process is the most responsible way to learn more about her views on a number of important issues.

o The confirmation process will help Republicans, and all Americans, understand more about judge Sotomayor's thoughts on the importance of the Supreme Court's fidelity to the Constitution and the rule of law.

o Republicans are the minority party, but our belief that judges should interpret rather than make law is shared by a majority of Americans.

o Republicans look forward to learning more about Judge Sotomayor's legal views and to determining whether her views reflect the values of mainstream America.

President Obama on Judicial Nominees
o Liberal ideology, not legal qualification, is likely to guide the president's choice of judicial nominees.

o Obama has said his criterion for nominating judges would be their "heart" and "empathy."

o Obama said he believes Supreme Court justices should understand the Court's role "to protect people who may be vulnerable in the political process."

o Obama has declared: "We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom, the empathy to understand what it's like to be poor or African-American or gay or disabled or old-and that's the criterion by which I'll be selecting my judges."

Additional Talking Points
o Justice Souter's retirement could move the Court to the left and provide a critical fifth vote for:

o Further eroding the rights of the unborn and property owners;

o Imposing a federal constitutional right to same-sex marriage;

o Stripping "under God" out of the Pledge of Allegiance and completely secularizing the public square;

o Abolishing the death penalty;

o Judicial micromanagement of the government's war powers.

UPDATE: These points were represented in RNC Chairman Michael Steele's statement on the nomination:

"Republicans look forward to learning more about federal appeals court judge Sonia Sotomayor's thoughts on the importance of the Supreme Court's fidelity to the Constitution and the rule of law," he said. "Supreme Court vacancies are rare, which makes Sonia Sotomayor's nomination a perfect opportunity for America to have a thoughtful discussion about the role of the Supreme Court in our daily lives. Republicans will reserve judgment on Sonia Sotomayor until there has been a thorough and thoughtful examination of her legal views."

- Aaron Blake
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  May 26, 2009, 6:48 am

Gillibrand takes credit for Sotomayor

By Hill Staff
Facing the ongoing prospect of a primary challenge, Sen. Kirsten Gillibrand (D-N.Y.) was quick to note Tuesday that she promoted the appointment of Sonia Sotomayor to the Supreme Court.

Sotomayor is from Gillibrand's home state, which provided the senator with an opportunity be among the first Sotomayor backers.

On Tuesday, Gillibrand re-released a letter she wrote to President Obama, promoting both Sotomayor and Interior Secretary Ken Salazar:
There are, of course, many excellent and qualified Latino candidates, but we commend to your attention two in particular who we believe would be exceptional Supreme Court Justices should a vacancy arise:

Judge Sonia Sotomayor and Secretary of the Interior Ken Salazar. Both of these individuals are legally excellent, ideologically moderate, and would add diversity to the Court.

From within the judicial sphere, Judge Sotomayor would make an excellent selection. She has had a long and distinguished career as a public servant, and since 1998, has served on the U.S. Court of Appeals for the Second Circuit, one of the most important Circuits in the nation. Nominated by former President Clinton, Judge Sotomayor received broad bipartisan support in the Senate. Before her appointment to the Second Circuit, she served as a District Court Judge for the Southern District of New York - a position for which she was nominated by former President George H.W. Bush and confirmed unanimously by the Senate. Even prior to her tenure on the federal bench, Judge Sotomayor demonstrated her commitment to public service and the rule of law by working as an Assistant District Attorney in the New York County District Attorney's Office.

It is interesting, though, that Gillibrand labels Sotomayor as "ideologically moderate." Maybe not exactly what liberal Democrats want to hear, but probably not anything that will raise too many eyebrows.

-Aaron Blake
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  May 26, 2009, 6:43 am

Obama emphasizes Sotomayor's experience

By Jeremy P. Jacobs
In announcing her nomination to the Supreme Court, President Obama touted Federal Appeals Court Judge Sonia Sotomayor's experience both on the bench and growing up.

Speaking in the White House's East Room, Obama said he didn't "take this decision lightly" and that "of the many responsibilities granted to the president by our Constitution few are more serious or consequential."

The president said a "rigorous intellect" and a "recognition of the limits" of the law are two very important criteria for a Supreme Court nominee. But he added that those qualities are "insufficient" alone and that the ideal nominee also needs real world experience.

"It is experience that can give a person a common touch and a sense of compassion," he said. "[And it is] a necessary ingredient in the kind of justice we need on the Supreme Court."

Obama said that Sotomayor is an "inspiring woman" and said that she has amassed more experience on the bench than any of the current Supreme Court justice had when they were nominated to the high court.

"Over a distinguished career that spans three decades," he said. "Judge Sotomayor has worked at almost every level of our judicial system."

Obama also said that Sotomayor, who was raised in a housing project in the Bronx, has come on an "extraordinary journey."

"She has never forgotten where she began, never lost touch with the community" in which she was raised, Obama said.

In brief remarks, Sotomayor said she is "deeply moved" by the "humbling honor." Sotomayor also touched upon her respect for the law.

"I chose to be a lawyer and ultimately a judge because I find endless challenges in the complexities of the law," she said. "I firmly believe in the rule of law as the foundation for all of our basic rights."

Sotomayor, like Obama, also stressed her focus on the implications of her rulings.

"I strive never to forget the real world consequences of my decisions on individuals, businesses and government," she said.

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  May 26, 2009, 6:12 am

More reaction from the right

By Jeremy P. Jacobs
Looks like the right is going to focus (unsurprisingly) on painting Sonia Sotomayor as an "activist."

Here is what Bill Kristol wrote this morning about her over at the Weekly Standard.
"Where policy is made."

That's how, in 2005, reported Supreme Court pick Sonia Sotomayor characterized the Court of Appeals, where she now serves. It's undoubtedly even truer, in her eyes, about the Supreme Court. The debate over her confirmation could be an interesting "teaching moment"--a politically important teaching moment--for constitutionalists who would beg to differ from Sotomayor's vision of the appropriate role of the federal judiciary.

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  May 26, 2009, 4:46 am

Obama to nominate Sotomayor

By Jeremy P. Jacobs

President Obama will announce that he is nominating Federal Appeals Court Judge Sonia Sotomayor to replace retiring Justice David Souter on the Supreme Court, CNN is reporting.

The announcement is set fo 10:15 A.M., according to CNN.

Stay tuned...

UPDATE 1: Sotomayor, 54, has long been speculated to be on Obama's list. Politically, she satisfies two criteria for Obama: She is a woman and she will be the first Hispanic on the Supreme Court.

Undoubtedly, the White House will emphasize Sotomayor's upbringing as an example of the type of real world experience that Obama was looking for. Sotomayor grew up in the Bronx where she was raised in a housing project.

Sotomayor went on to attend Princeton University and Yale Law School. She then worked as a assistant district attorney under legendary New York County District Attorney Robert Morgenthau.

Sotomayor was first appointed to the federal court by President George H.W. Bush and, in 1992, she was elevated to the 2nd U.S. Circuit Court of Appeals by President Bill Clinton.

Since Sotomayor was considered certain to be on Obama's list, conservative groups have already targeted her. The Judicial Confirmation Network, a conservative group, produced a web video touting Sotomayor as a "liberal judicial activist" on its website "ObamasFrontrunners.com."

In particular, conservatives are attacking Sotomayor for a discrimination case involving firefighters in New Haven. In that case, Sotomayor, along with the court, supported the city's decision to throw out a promotion test because it would have made more white firefighters eligible for the promotion than minority candidates. Conservatives have said the ruling amounts to discrimination against the white applicants.

That case was appealed and taken by the Supreme Court this year. Sotomayor's ruling is likely to be overturned.

More to come throughout the day. For more on Sotomayor's rulings, definitely check out Tom Goldstein's four part series on her civil rights rulings at SCOTUSblog. (Part 1, Part 2, Part 3, Part 4 and this on her opinions and dissents.)

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  May 25, 2009, 3:59 pm

Ahmadinejad challenges Obama to debate

By Jeremy P. Jacobs
Iranian President Mahmoud Ahmadinejad is throwing down the gauntlet.

According to the Islamic Republican News Agency, Ahmadinejad on Monday invited President Obama to a debate at the United Nations General Assembly.

"If I am reelected in the upcoming presidential elections in Iran, I would like to renew the invitation to President Obama for debate on global issues, as well as world peace and security," Ahmadinejad told reporters.

However, the Associated Press reports that Ahmadinejad also took the main reason why Obama would want to engage in a debate - Iran's nuclear program - off the table. The nuclear issue "is closed," he said.

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