Sen. Jon Kyl in some of the most effective questioning has tied up Sotomayor in knots. Where is the so-called precedent she relied on in Ricci? A muddled response. Why not vote for an en banc review? More muddle. And if you think I am being too tough on her Tom Goldstein over at SCOTUSblog writes: “JK just wants her to admit that she could have voted to en banc Ricci and wouldn’t have been bound by precedent. He’s clearly right. SS either doesn’t understand, or just won’t acknowledge it. ” And Goldstein is right: it is times like this when you wonder whether she is a bit dense or totally disingenuous. And she makes it worse denying that the dissenters at the Supreme Court also disagreed with her. This is flat out wrong. Not a one of them would have affirmed. If any of the Senators are still open-minded they should carefully review this entire interchange. It was simply stunning that a nominee could so misunderstand or so misrepresent the record in a widely discussed case. Imagine what she will do on the Court.
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