SIGN IN to access Harper’s Magazine
1. Sign in to Customer Care using your account number or postal address.
2. Select Email/Password Information.
3. Enter your new information and click on Save My Changes.
Subscribers can find additional help here. Not a subscriber? Subscribe today!
This week, the public is again witnessing the ritualistic exercise of the confirmation of a Supreme Court nominee. Of course, the outcome of Sonia Sotomayor’s hearings is not much in doubt. What has been conspicuously absent is substance. The vast majority of questions and answers remained on a shallow and predictable level where Sotomayor did little more than describe current doctrines and case law — avoiding disclosures of her own views. What is most striking is how Sotomayor’s statements were virtually identical to both her conservative and liberal predecessors…
Once you discard answers that simply restate basic legal doctrines or principles, little is revealed in these hearings that you could not find in a standard legal hornbook. The Sotomayor hearings have been long on insights into her personality and short on insights into her philosophy.
Yet, despite her moderate voting record, she has some worrisome rulings for civil libertarians. If Sotomayor votes the way she has on the 2nd Circuit, liberals could still lose ground on the Supreme Court over free speech, student rights and other core areas. Her life story will mean precious little to those people who might be stripped of rights or denied legal protections. For example, Sotomayor held in one case that schools could discipline students for statements that they made on a blog in their personal time. The impact of such a sweeping denial of free speech rights is hardly lessened with the consideration of Sotomayor’s life story.
More from Ken Silverstein:
Commentary — November 17, 2015, 6:41 pm
The Clintons’ so-called charitable enterprise has served as a vehicle to launder money and to enrich family friends.
Rank of Richard Nixon masks among the top U.S. costumer’s best-selling political masks over the last five years:
A small meteorite injured an adolescent German.
It was reported that House Minority Leader Nancy Pelosi called Trump to discuss issues relating to women and families, and Trump handed the phone to his daughter.
Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!
"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."