At the Heritage Foundation, Manny Miranda floated the theory that Supreme Court nominee Sonia Sotomayor could sink her own nomination by being overly firey and combative, like President Ronald Reagan’s defeated nominee Robert Bork.
Sam Alito — soft-spoken. John Roberts — affable and soft-spoken. Sanda Day O’Connor, Ruth Bader Ginsburg, David Souter, all of them, soft-spoken. This nominee’s more like Judge Bork. She has a temper. She has an attitude. She could come across as hubristic in the hearings, as arrogant. And so she could Bork herself. It’s very possible.
I asked Miranda about the basis of this theory after the luncheon. “I’ve read Jeff Rosen’s piece ["The Case Against Sotomayor"],” he said, “and that’s what I’m going on. I haven’t met the lady.” He added this to “what I’ve heard from practitioners on the second circuit, and they don’t like her” and wondered if the coming American Bar Association survey of lawyers’ opinions of Sotomayor could reflect all of this negative feedback.
“When that survey comes out, if it reflects Jeff Rosen’s article, it could be pretty explosive. I think she she might want to take the committee on, to engage, in a Bork-like fashion. The more recent two [nominees] have been very disciplined, more controlled.”
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