A+ for Sotomayor
7:25 PM, Jul 16, 2009 • By JOHN MCCORMACK
That's the grade Ed Whelan gives her for "brazen doublespeak":
I wonder, too, whether Sotomayor was feigning stupidity or being genuinely ignorant when she said that it would depend on state law whether or not an abortion of a 38-week human fetus with spina bifida would be legal. The enormous health loophole carved out by Doe v. Bolton clearly makes abortions legal up until birth: "medical judgment may be exercised in the light of all factors - physical, emotional, psychological, familial, and the woman's age - relevant to the wellbeing of the patient. All these factors may relate to health."
Still, as a TWS legal friend pointed out earlier today, one might take heart in the amazing fact that--as the first Hispanic Supreme Court nominee, with a filibuster-proof Senate, and a popular president--Sotomayor felt the need to pretend to be John Roberts. At what cost to judicial liberalism? Won't it now be much more difficult for Obama to defend a more demonstrably activist nominee in the future?