They wouldn’t admit it, of course, but conservatives are having a bad day with the Sotomayor announcement. First, their number one line of attack, her “the court of appeals is where policy is made” statement made in 2005 at Duke Law has been debunked:
…for legal experts, there is nothing actually controversial to what Sotomayor said. Her political crime, if there were one in this case, was speaking the truth.
"She's not wrong," said Jeffrey Segal, a professor of law at Stony Brook University. "Of course they make policy... You can, on one hand, say Congress makes the law and the court interprets it. But on the other hand the law is not always clear. And in clarifying those laws, the courts make policy."
Second, the man who wrote the article that started the “too temperamental—and not intelligent enough” line of attack, Jeffrey Rosen, came out in favor of her. Somebody should have told Republican strategist Chris Wilson about that before he walked into the David Shuster buzz saw today on MSNBC:
I guess Rosen’s endorsement really doesn’t matter, in this case, as they were arguing about the sources mentioned in the original article. And Shuster is right, it’s a weak argument. Anonymous law clerks, who are usually law students and could have an axe to grind, don’t really qualify as good sources. While Wilson makes a valiant attempt at running the leaked RNC talking point playbook, he failed to account for that tough Shuster defense. I normally don’t enjoy talking heads talking over one another. I do, however, enjoy David Shuster fighting for the truth and calling people on their BS.
One unfortunate fact of all this nonsense is that it’s a good opportunity for them to raise cash. You know, because fighting evil, activist liberals is expensive.
In the end, it’s not been a good first day for the opposition.