You're right (and compassionate) Dahlia, but...
by
paddyd
05/30/2009, 8:29 AM #
As far as I can tell, Thomas's tenure on the bench is just what was
expected of him: a reliably conservative vote--in the political sense
of the word "conservative." Whether or not his life story conditions
his votes (how could it not?), his politics (again, in the narrow
sense) do. He may have a fully articulated, deeply felt and intelligent
way of linking the political outcomes he achieves with some deeper set
of principles, including a judicial philosophy, but when politics and
principle conflict, the politics have much more to do with
the outcome than the principles.
Example: Bush v. Gore.
Thomas
is not, by any means unique in this respect, and I'm sure there are
many liberal judges, distinguished and not, of whom we can say the
same. (And it's not, in and of itself, a bad thing. It's how people
make decisions. To suggest that we can or should make our decisions
based on principle all the time is empirically thick-headed, and in
this instance, manifestly partisan.)
However, the fact of the
matter is that Sotomayor, on paper, is far more qualified for a
nomination to the Supreme Court than Thomas was when he was nominated.
Judicial experience? She has more. Academic success? She did far better
at every step. She's even been more successful in the private sector.
The only area where Thomas exceeds her is in executive branch
experience: he was a Republican appointee in Republican administrations.