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WEDNESDAY, NOVEMBER 25, 2009
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 OPINION 
10

Attacking Nominees Demeans Court

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(Newser) – The political attack ads popular in general elections have a profoundly negative effect on the public’s view of the Supreme Court when used during the nomination process, James L. Gibson writes fror Miller-McCune.com. “Politicized confirmation processes can indeed damage the institution of the US Supreme Court itself,” Gibson writes of a survey taken after Samuel Alito was nominated.

“We're not talking here about attitudes toward Alito but about the fundamental legitimacy of the court,” Gibson writes. The court aspires to be considered as above politics—an idea welcome to the public—but the nomination process can obscure that goal. “Politicized nomination processes unteach that elevated view of the courts,” Gibson writes. “It would not be surprising if many Americans concluded that the Supreme Court is just another political institution.”

President Barack Obama announces federal appeals court judge Sonia Sotomayor, right, as his nominee for the Supreme Court.
President Barack Obama announces federal appeals court judge Sonia Sotomayor, right, as his nominee for the Supreme Court.   (AP Photo)
Members of the U.S. Supreme Court.
Members of the U.S. Supreme Court.   (AP Photo)
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The Supreme Court is a political institution, but it is not political in the same sense as is Congress or the presidency. Undermining the court's authority is in the interest of no one. - James L. Gibson

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10 comments
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PaleRider
May 27, 09 4:18 PM CDT
So, it was ok what they did to Alito, but it's bad now. Reply
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Rob
May 27, 09 4:39 PM CDT
Funny, right?
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TRU2TM3
May 27, 09 5:59 PM CDT
Funny you mention Alito, a man who grew up in the city on the east coast, graduated from Princeton and Yale, editor of the Yale Law Journal, appointed from the Court of Appeals... called a racist by some nut balls during his nomination process. Who does he remind you of???
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TerrifiedCitizen
May 27, 09 5:00 PM CDT
The highest judgeship in the land is a serious thing and can decide whether our esteemed constitution is ever again returned to its intended role as the model for all other law in America. Any nominee needs to endure the most demanding vetting from all comers without complaint. Reply
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kokuaguy
May 27, 09 5:10 PM CDT
Alito was opposed by the ACLU on the following basis: "At a time when our president has claimed unprecedented authority to spy on Americans and jail terrorism suspects indefinitely, America needs a Supreme Court justice who will uphold our precious civil liberties. Judge Alito's record shows a willingness to support government actions that abridge individual freedoms." [Wikipedia] Based on what has come out so far, no such basis for opposing Judge Sotomayor exists. Reply
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