President Picks Sonia Sotomayor

President Picks Sonia Sotomayor

« JONATHAN TURLEY

It appears that President Obama will announce his pick for the Supreme Court at 10 am.

The Supreme Court sweepstakes has been raging for weeks. My prediction on the day of Souter’s resignation was Judge Diane Wood of the Seventh Circuit, which I still believe would have been the wisest choice. Judge Sonia Sotomayor of the United States Court of Appeals for the Second Circuit will be much more controversial and divisive for confirmation in my view. This was the highest risk nomination that Obama could pick.

The key in these fights is the first 48 hours and whether the GOP can take control of the debate. It will be the first real test for the new GOP leadership.

Somomayor’s participation in the controversial ruling on Ricci v. DeStefano, the firefighters case, will be a lightening rod. It have serious reservations about the case and the way that the panel handled it. The Republicans will have a field day with it. While Sotomayer gives Obama a “twofer” with the first hispanic and a new female justice, Wood in my view has more intellectual firepower and would have been a better addition to the court. One of the concerns from many is that Sotomayer, who is given bad marks on temperament, will be replaced one of the most easy going and civil justices on the Court.

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