Could Sotomayor be a Reverse Souter?

If you want to see someone get really mad really fast, just ask any true conservative about Supreme Court Justice David Souter.

Nominated by George H.W. Bush in 1990, Souter was supposed to supply the final piece of the puzzle for Republican domination of Supreme Court law for a generation.

But a funny thing happened on the way to one-party judicial rule: Souter turned out to be a true jurist and not a mere political yes man like his supporters had expected.

Since Souter's nomination. the high court has been split 5-4 against conservatives on most key votes that split along political ideology.

So today, the Rush Limbaughs of the world spit out the name of retiring Justice Souter like a curse word and blame Bush for not ensuring that his nominee would be a reliable vote for conservatives.

I hope President Obama has studied his political history books, because some progressives are worried that Sonia Sotomayor could end up being a "reverse Souter." In the past, Sotomayor's votes on the court have been to the right of the man who nominated her.

She hasn't had to rule directly in a case involving the right to privacy (abortion), so her views on the hot-button issue aren't known.

If recent examples are a guide, little of consequence is likely to come out of her upcoming confirmation hearing, even though they'll provide great political theater. Senators will ask her dozens of questions, trying to root out her judicial philosophy. She will fend them off, saying the rule of law, not her personal opinions, is the only thing that matters. And with the current political makeup of the Senate, Sotomayor is likely to win confirmation.

That is when we'll find out whether President Obama will have reason to some day look back at his nomination with a smile or a scowl.

Tagged as: sotomayor

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