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Media Still Playing Out Sessions as Former Judicial Nominee Angle

Many in the media continue to be fascinated by the angle on the Sotomayor confirmation hearings that Senator Sessions was once not confirmed for a judicial post by the very same committee one which he is now ranking member. It is an interesting angle, but it’s not the only hook into this story.

If things had gone as planned in 1986, the conservative Alabama prosecutor would have been confirmed to a lifetime appointment to a federal judgeship. But allegations of racism cast Sessions as a throwback to the Jim Crow South, and the Senate Judiciary Committee voted down his nomination. Stunned and embarrassed, Sessions returned home to Mobile as a man undone.

Soon he turned to politics, was elected to the Senate and joined the very committee that denied him a seat on the federal bench. He ascended from behind the scenes to the panel’s top Republican spot, and it now falls to him to weigh the GOP’s competing interests and political calculations while guiding the fractured party through the upcoming confirmation hearings of Supreme Court nominee Sonia Sotomayor. Yesterday, the judge went to the Capitol for private meetings with Sessions and other key senators.

I have been a long-time critic of Senator Sessions on any number of issues, but so far, I am very proud of the way he has handled himself in this process. Of course he isn’t just going to let the nomination go forward without any scrutiny, but he has been extremely fair and deferential in his criticism up to this point. I expect vigorous questioning from him in the hearings, but nothing nasty or grossly unfair. I hope he doesn’t disappoint me.

Sessions, GOP’s Lead on Panel Weighing Sotomayor, Was Once Rejected for Bench – washingtonpost.com.

Sotomayor’s Supposedly High Reversal Rate = 0.8%

Again, my conservative friends who only read headlines are being duped…I’ve seen Judge Sotomayor’s supposed 60% reversal rate at the Supreme Court cited by several people now, and the number is just utterly ridiculous. Even in the news source they use as a citation (The Washington Times mind you…) you read this additional context.

Mr. Gibbs dismissed questions about Judge Sotomayor’s reversal rate, saying she wrote 380 majority opinions during her 11 years on the appeals court. Of those 380 opinions, the Supreme Court heard five of the cases and overturned her on three.

“The totality of the record is one that’s more important to look at, rather than, like I said, some out-of-context or clipped way of looking at it,” Mr. Gibbs said.

It would be just as accurate to say her reversal rate is 3/380 (or more), or 0.8%…disagree with the appointment, but let’s find something in her record to disagree about, instead of just making up facts.

I believe Senator Sessions

I believe Senator Sessions when he says he wants the Supreme Court nominee hearings to be fair, and I will look forward to seeing that carried out. I believe he remembers well what happened to him as a judicial nominee and doesn’t want to see what he viewed as unfair treatment given to anyone else.

“I really didn’t feel like that was a fair process and that I had the kind of opportunity to get my message out effectively. And sometimes it’s a gotcha thing. It has been for others, not just me, in which the explanation is sort of buried,” Sessions said in a recent interview. “We shouldn’t do that.”

He’s absolutely right…let’s hope the hearings stay on a higher plane.

via Alabama Senator Jeff Sessions vows fair hearing for Supreme Court nominee – Breaking News from The Birmingham News – al.com.

How Sessions May Bring Fireworks to Supreme Court Nomination

TIME Magazine has a piece today on how Sen. Sessions has some incentive to bring fireworks to the nomination process of the next Supreme Court nominee…

Twenty-three years ago the same committee he now leads on the Republican side rejected Sessions’s; nomination to the federal bench. President Ronald Reagan had already had more than 200 conservative judges confirmed when he nominated Sessions, then the young U.S. Attorney for the Southern District of Alabama, to the U.S. District Court in Alabama. At his confirmation hearing Democrats tracked down a Justice Department employee named J. Gerald Hebert who had worked with Sessions on civil rights cases. Hebert told the committee that Sessions had once complained to him that the American Civil Liberties Union and the National Association for the Advancement of Colored People were “un-American”; were “communist-inspired” and, worse, “forced civil rights down the throats of the people.” Sessions didn’t help matters by trying to make the case that in some circumstances those organizations could indeed be seen as un-American, and the Republican-controlled committee voted 8-10 against him. The deciding vote was cast by Alabama Senator Howell Heflin, whose seat both in the Senate and on the committee Sessions would take a decade later.

Good times…good times…

via How Sessions Could Give Obama a Tough Supreme Court Nomination Fight – TIME.