What They'll Say to Fight Sotomayor

Sonia Sotomayor’s opponents are already polishing their script, Politico reports. They’ll call her radical, racist, and stupid—albeit via softer buzzwords. She’s a “judicial activist” fond of “identity politics,” with a questionable “intellect.” Here are the charges against her:

• She lacks “intellect”: In a New Republic article, former clerks said Sotomayor is “not that smart.” Supporters say that’s ludicrous; Sotomayor graduated summa cum laude from Princeton, and was a Yale Law Review editor.

• She’s a “reverse racist”: The New Haven firefighters discrimination case is sure to be a flashpoint, as is Sotomayor’s oft-quoted line that a Latina woman’s experience should, more often than not, lead to better decisions. Supporters say that, in context, the statement and case make sense.
• She’s an “activist judge”: An old attack, fueled by Sotomayor’s statement that “the Court of Appeals is where policy is made.” Supporters say she was contrasting it with lower courts.

(More Sonia Sotomayor stories.)