Sotomayor: Saying Nothing Impressively

Ever since Robert Bork, nominated to the Supreme Court by Ronald Reagan, answered questions directly and spoke honestly about his approach to the U.S. Constitution, causing him to be rejected, every nominee to the Supreme Court has said nothing as impressively as possible. It’s likely Sonia Sotomayor will follow suit. She’s even been practicing. She’s well aware that no nominee since Bork has been rejected after confirmation hearings – because he or she has said nothing so well.

There was a time when Supreme Court nominees didn’t even appear before the Senate Judiciary Committee to answer questions in advance of a full vote by the Senate. No one really knew what the nominee would do if confirmed.

In a way, we’ve come full circle. The nominee appears before the Senate Judiciary Committee. A lot of speeches are made and questions asked. Once that’s done, no one really knows what the nominee will do if confirmed.

Today, the dance between Sotomayor and the Senate begins. It’ll be an interesting process. Sotomayor will say nothing in an artful way. She’ll become another post-Bork nominee to be confirmed.

It’s perhaps not the best example of democracy at work or the best way to pick a liftime jurist who arguably will have more power and influence on our nation for decades than just about any other government official. But it’s the way our republic works now when a Supreme Court nominee is chosen.

If you become weary of hearing nothing during the Senate hearings and want to review my posts on Sotomayor’s actual judicial decisions on labor and employment issues, click here.