In playing up Sonia Sotomayor's judicial record on criminal law, the White House and Senate Democrats are making a solid non-ideological case for her as a Supreme Court nominee, a handful of law professors said in a conference call today.
"In a way, the White House seems to be going on the offense when there is no defense," said Robert Weisberg of Stanford Law School. "I think that's the point: She has a long and very solid record on criminal law. It demonstrates the continuity in her past and current career."
Indeed, Sotomayor's critics haven't focused on Sotomayor's criminal law record unless asked specifically about it -- even after three recent press conferences by the administration and others touting Sotomayor's credentials. The most recent was by Senate Judiciary Chairman Patrick Leahy, D-Vt., on Tuesday.
Weisberg and six other professors were speaking in coordination with a letter to the Senate Judiciary Committee signed by nearly 1,200 professors from every state (except Alaska, which has no law school). In the letter, the professors describe Sotomayor as a "fair-minded" jurist who has a history of bipartisan support. (Click here to see a full list of law schools represented. A list of names is at the end of the letter.)
Harvard Law School professor Charles Ogletree went so far to describe Sotomayor as a "conservative judge" in criminal cases. He also echoed a point that Vice President Joe Biden addressed to law enforcement personnel in the first press conference June 9 -- that "as you do your job, know that Judge Sotomayor has your back as well. And throughout this nominating process, I know you'll have her back." Ogletree said during the call that Sotomayor "is exactly what the police are looking for," given her experience as a prosecutor. "I'm not surprised the White House is waving this flag because it's a very encouraging one," Ogletree said.
In a separate Web chat today, Brookings Institute fellow Russell Wheeler expressed similar sentiments. "It's an area in which her decisions have been especially balanced -- some for prosecution, some for defense," Wheeler wrote. "It is still a hot-button issue and a point of contention with the general public."
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