Curt Levey

Rios: Female Justices 'Rudely' Interrupting Scalia, 'Speaking Inappropriately'

The topic of discussion on Sandy Rios’ American Family Radio program Wednesday was diversity among federal judicial nominees. The Washington Post published a story over the weekend detailing President Obama’s largely successful effort to appoint more women, people of color and openly LGBT people to federal judgeships. The voice of dissent in the article was that of the Committee for Justice’s Curt Levey, who told the Post that the White House was “lowering their standards” in nominating nonwhite judges. So naturally, Rios invited Levey on as a guest and explained to him why she disapproves of President Obama’s diverse judicial nominations.

In particular, Rios disapproves of Obama’s Supreme Court nominees, Sonia Sotomayor and Elena Kagan, respectively the third and fourth women ever to sit on the high court. Sotomayor and Kagan, Rios says, have been forgetting their place and behaving “rudely,” “interrupting” and “speaking inappropriately” to, of all people, Justice Antonin Scalia.

While Levey correctly notes that “Scalia can give it out as well as take it,” he agrees with Rios that Sotomayor, the Supreme Court’s first Latina justice, “has occasionally, at least, stepped over the line.” In particular, he says Sotomayor – who he once accused of supporting “violent Puerto Rican terrorists” --  “sort of lost it” during arguments on the Voting Rights Act, when she contradicted Scalia’s stunning assertion that the law represents a “perpetuation of racial entitlement.”

In fact, while Scalia’s bombast provoked audible gasps in the hearing room, Sotomayor waited several minutes before calmly asking the attorney challenging the Voting Rights Act, “Do you think that the right to vote is a racial entitlement in Section 5?"

Later, Rios, with an impressive lack of self-awareness, marvels that progressive groups criticized Scalia for his remarks. “Groups on the left,” Levey responds, “shall we say, like to personalize things.”

Rios: I read an article that Sotomayor and Elena Kagan, at least this article was intimating that they are behaving in a – these are my words – sort of rudely on the bench, to Scalia and to others, interrupting, speaking inappropriately. Have you observed that? Do you know what I’m talking about and is that true?

Levey: Um, yeah. I mean, you know, Scalia can give it out as well as take it, but yeah, Sotomayor has gone over the line a number of times. Most recently in the Voting Rights Act case, which was just last week, where, you know, Scalia had the nerve to speak the truth and refer to the Voting Rights Act as “racial preferences,” which of course is what it’s become by guaranteeing that there be minority districts formed, minority congressional districts. And, you know, Sotomayor sort of lost it when Obama [sic] said that, interrupted and you know, basically made fun of Scalia’s comment. So yeah, I think they have the right to be aggressive up there, but Sotomayor has occasionally, at least, stepped over the line.

Rios: And on the Voting Rights Act and Scalia’s comments, you know, there were demonstrators at the Court last week, hundreds of them, demonstrating against Antonin Scalia. I don’t remember that happening. I don’t remember a Supreme Court justice – doesn’t mean it hasn’t happened – but I don’t remember it being a subject of public demonstrations.

Levey: No. Typically they will, you know, they’ll, protestors at the Supreme Court will focus on issues, not justices. But you know, that changed of late. There’s been in the last two years a lot of, you know, progressive groups have gone personally after Scalia and especially Thomas and his wife. But you know, we see that in so much of politics, that groups on the left like to, shall we say, personalize things.

Rios: Yeah, as like in Alinsky, yes, personalize and target, yeah, so we are seeing some very new things and actually pretty dangerous I think.

Earlier in the program, Rios and Levey lamented the fact that President Obama has had more openly LGBT people confirmed to the federal bench than all of his predecessors combined. Echoing right-wing arguments made against Romney advisor Richard Grennell, who was forced to resign last year after less than a month on the job, Rios claimed she didn’t mind that the president was appointing gay people to federal judgeships, but that they are “activists who are trying to change the law.”

Levey: You know, I don’t have any problem with him nominating gay and lesbian nominees. The problem is that they should be gay and lesbian nominees who respect the Constitution. You know, there are…

Rios: I don’t disagree, Curt, just for the record, I don’t disagree with that. It’s the activists, activists who are trying to change the law that I will have trouble sitting on the bench.

Levey: Exactly. He’s not appointing, you know, conservative or even moderate, you know, gay Americans, he’s appointing very radical gay Americans. And, you know, again, it’s not so much any individual nominee as it is the pattern here. Of the 35 or so nominees who are pending now, only six are straight white males, even though about half the legal profession is straight white males. So, do straight white males have some, you know, right to a certain number of seats? Of course not. But if you were doing it in a balanced way without any preference for minorities of various types, then you’d probably wind up with about 17 or 18 of those 35 being straight white males. The fact that there’s only six tells us that there’s a system of preferences going on.

Previewing the Right Wing Playbook on the Kagan Confirmation Hearings

When Supreme Court Justice John Paul Stevens announced his retirement plans, the Right swung into action with a plan to make the confirmation process just one more part of their 2010 and 2012 political strategies.

Rise of the New McCarthyism: How Right Wing Extremists Try to Paralyze Government Through Ideological Smears and Baseless Attacks

Today, Joseph McCarthy’s ideological heirs in the Republican Party and right-wing media are using the language and tactics of McCarthy to stir fears that the nation is being destroyed by enemies from within. Republican Members of Congress and other GOP officials frequently act as an "amen chorus" to the far right’s demagogues or stay silent, hoping to reap political gain from the attacks on President Obama, administration officials and nominees, congressional democrats, and even military leaders.

Right Wing Attacks on Sotomayor Gain Little Traction

Right-wing leaders geared up months ago to oppose any Supreme Court nominee that the Obama administration might have an opportunity to make, and they have doggedly followed their script through the announcement of David Souter's intention to resign, the announcement of Judge Sonia Sotomayor's nomination, and her confirmation hearing before the Senate Judiciary Committee. For all their professed concern about the "politicization" of the judiciary, right-wing leaders have been planning since before President Obama's inauguration to treat any Supreme Court nominee primarily as a chance to begin political attacks on red and purple state Democrats with an eye to elections in 2010 and 2012.

Right Wing Follows Deceptive Script On Supreme Court

A day after news of Justice Souter's planned resignation broke in the news, "dozens" of right-wing leaders representing more than 60 groups got together for a strategy call organized in part by the Judicial Confirmation Network to get everyone fired up and on message. All you need to know about the credibility of this campaign's leaders, and the credibility of their evaluations of potential nominees, is contained in this one sentence from the Judicial Confirmation Network's Wendy Long: "The current Supreme Court is a liberal, judicial activist court."
Share this page: Facebook Twitter Digg SU Digg Delicious