This morning, President Barack Obama nominated Second Circuit Court of Appeals Judge Sonia Sotomayor to the seat on the Supreme Court vacated by retiring Justice David Souter. Her critics, in trying to conceive of the type of justice Sotomayor would be, are pointing to comments she made at Duke during a panel discussion at the School of Law in 2005.
“All of the legal defense funds out there, they are looking for people with court of appeals experience because the court of appeals is where policy is made,” she said at the Judicial Clerkship Information Panel.
She qualified the statement, going on: “And I know this is on tape and I should never say that because we don’t make law. I know. Okay, I know. I’m not promoting it. I’m not advocating it. I know.”
It drew laughter from the audience at the time, but now some are interpreting the tape to mean that Sotomayor would be an “activist” judge. Media Matters argues that the comments have been taken out of context.
For those who were there, the statement was harmless, and not indicative of a larger activist approach. Erwin Chemerinsky, who moderated the panel, dismissed the hubbub grounded in those comments.
“I think that is much ado about nothing,” he wrote in an e-mail to The Chronicle Tuesday. “Of course, judges’ life experience influence how they see the issues and matters before them. Judge Sotomayor’s statement was innocuous and true. I think that this is grasping at straws to try and paint her a liberal.”
Chemerinsky taught constitutional law at Duke for several years and is now the founding dean of UC-Irvine’s School of Law. He added that he expected it to be an “easy confirmation.” The Senate will now have four months to complete those proceedings.
“She’s a brilliant political choice. A president always wants a nominee who will please the base, but not require a great deal of political capital,” he said. “I can’t imagine Republicans will want to try to oppose the first Latina to be nominated, especially with the growing political strength of Hispanic voters.”
Political leaders and others reacted to the announcement Tuesday, highlighted online in an NPR segment. Note that Chemerinsky–though not generally among Obama’s short-list of potential nominees–is cited by the National Lawyers Guild’s Marjorie Cohn as an intellectual who would have been a strong selection.
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Christopher Schroeder, Charles S. Murphy Professor of Law and Professor of Public Policy Studies, has been named assistant attorney general for the Office of Legal Policy by President Barack Obama, according to a White House press release.
“I’m grateful that such experienced and dedicated individuals have joined my administration at a time when our nation faces great challenges,” Obama said in the press release, which also announced several other administrative appointments. “Their deep commitment to their individual areas of work gives me confidence that they will help us put America back on a path to prosperity and security.”
David Levi, dean of the School of Law, said Wednesday night at a Duke alumni event in Chicago that Schroeder would be picked to lead the OLP.
“Chris Schroeder is a brilliant legal scholar and a gifted teacher,” Michael Schoenfeld, Duke’s vice president for public affairs and government relations, wrote in an e-mail. “His selection for this critical position means that President Obama will have the best possible person working on legal policy issues.”
The Legal Times, a legal newspaper in Washington, D.C., reported in mid-April that Schroeder was under consideration.
The White House had initially planned to tap Mayer Brown partner and Duke alumnus Mark Gitenstein to the post, the Blog of the Legal Times reported, but thereafter reconsidered the nomination following opposition to his potential nomination, according to Roll Call.
Schroeder previously served as acting assistant Attorney General in the DOJ’s Office of Legal Counsel during the Clinton administration. He was also a member of Obama’s transition team. Schroeder has taught courses on constitutional law, environmental law and civil liberties.
Kevin Jones is currently the acting assistant attorney general for the OLP.
Schroeder will continue to have a relationship with the University if he is confirmed by the Senate, Schoenfeld said.
If confirmed, Schroeder will be the second Duke law professor to head to Washington this year. Sen. Ted Kaufman, who was appointed to Vice President Joe Biden’s vacated Senate seat in January, is also a senior lecturing fellow in the School of Law.
Be sure to check out the Thursday, May 28 issue of The Chronicle for more coverage.
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