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        <title>The Ninth Justice: Experts Predict Where GOP Will Focus</title>
        <link>http://ninthjustice.nationaljournal.com/2009/07/survey-gop-focus.php?rss=1</link>
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        <lastBuildDate>Fri, 10 Jul 2009 18:20:00 GMT</lastBuildDate>
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            <title>Experts Predict Where GOP Will Focus</title>
            <description><![CDATA[<p>Where will Republican senators focus their attention in <strong>Sonia Sotomayor</strong>'s confirmation hearings? And, after all is said and done next week, will the GOP seek a delay?</p>

<p>In NationalJournal.com's poll of several Supreme Court observers, the <em>Ricci v. DeStefano</em> discrimination case and the <em>Maloney v. Cuomo</em> Second Amendment case were judged most likely to face scrutiny. The 10 experts in the survey seem to be on the same page as Senate Judiciary Committee ranking member <strong>Jeff Sessions</strong>, R-Ala., who has included on his <a href="http://ninthjustice.nationaljournal.com/2009/07/witness-list.php">list of witnesses</a> two plaintiffs from the <em>Ricci</em> case -- <strong>Frank Ricci</strong> and <strong>Ben Vargas</strong> -- as well as former National Rifle Association President <strong>Sandy Froman</strong>.</p>

<p>The experts are split right down the middle as to whether Republicans will seek a delay. They all agree on one thing, though: The move wouldn't succeed, considering the large Democratic majority.</p>

<p>NationalJournal.com asked the experts to rank what issues, out of the following seven, Republican senators will likely focus on: <em>Ricci</em>; <em>Maloney</em>; the <em>Didden v. Village of Port Chester</em> property rights case; Sotomayor's involvement with a Puerto Rican civil rights group; her "wise Latina woman" comment; her remark that Court of Appeals is "where policy is made"; and abortion.</p>

<p>We then weighted the responses, with seven points for a first-place selection down to one point for seventh place. When respondents didn't rank issues, we simply didn't give those issues a point.</p>

<p>Not surprisingly, <em>Ricci </em>was at the top of most experts' lists: six out of 10, with a total of 58 points. The <em>Maloney </em>case (a three-judge panel opinion Sotomayor sat on that affirmed a lower court's ruling that the Second Amendment doesn't apply to the states) came in second with 49 points. The other race-oriented issues -- her "wise Latina woman" remark and her involvement in the group now known as LatinoJustice PRLDEF -- were the next most popular ones, coming in with 41 and 37 points, respectively. Despite abortion's traditional role as a hot-button judicial issue, it came in last with only 20 points. Most experts listed it last or not at all.</p>

<p>Poll respondents were: <strong>Dahlia Lithwick</strong>, Slate senior editor; <strong>Paul Cassell</strong>, University of Utah law professor and Volokh Conspiracy blogger; <strong>Tom Goldstein</strong>, founder of SCOTUSblog and Supreme Court litigator at Akin Gump; <strong>Adam White</strong>, D.C. lawyer; <strong>William Marshall</strong>, University of North Carolina law professor; <strong>Doug Kendall</strong>, founder and president of the Constitutional Accountability Center; <strong>Cristina Rodriguez</strong>, New York University law professor; <strong>Carl Tobias</strong>, University of Richmond law professor; <strong>Wendy Long</strong>, general counsel for the Judicial Confirmation Network; and <em>National Journal</em>'s own <strong>Stuart Taylor Jr.</strong> In order to encourage frank and open speculation, contributors were given anonymity.</p>

<p>After the jump, see experts' explanations for their rankings, divided up by issue, and their comments on whether the GOP will seek a delay.<br />
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            <pubDate>Fri, 10 Jul 2009 18:20:00 GMT</pubDate>
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