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Legal Commentary

: Althouse

Hello, from the road.

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Somewhere in Indiana...

Photo 87

We're not even halfway to our goal today, but we needed to stop on an important mission and then again for some coffee and WiFi. In the car, we partook of some of the Sotomayorganza, but that got old after an hour or so. I had my notebook on my lap, and I wrote... I mean authored:

"wrote... authored..."
That was at 9:25 CT, when Sotomayor was in the middle of talking about some Ginsburg opinion. SS had already voiced the word "wrote" and then she changed it to "authored," as if "wrote" was a mistake. I know there are people who think "wrote" and then make a point to say "authored" ? and do all sorts of other hoity-toity substitutions ? but, jeez, if the simple world has already slipped out, move on. Don't let people hear that you do that.

Not that it's disqualifying or anything. Just something that made me want to write in my notebook, back in Wisconsin a few hours ago. Now, as I said, we are in Indiana.

A cute little girl walks up to our table and stares. I say hi. She thinks a bit, then says, "Y'all got 2 computers?!" I say, yeah. She's all, "How'd you get that?" I say, we just got 'em, as her dad/older brother shoos her along.

Back to my Sotomayor notes.

strategy: boring us to death

+ avoiding creating highlights for the nightly news

no one has ever said "precedent" so many times in a confirmation hearing

And I remember saying something like: "She's talking about precedent so much because it's her way to nullify anything that she ever did as a Court of Appeals judge. She did it because of precedent, so she's not really responsible for anything." But there's room to maneuver within the limitations of precedent, and in the things that she did ? while citing precedent ? we can perceive her leanings, and we quite properly want to know what her leanings are.

Other techniques she's using: speaking very slowly, laying out the basics of case law, and repeating the most innocuous platitudes about judging.

We switched over to the satellite radio. 60s on 6. "Mrs. Robinson," then The Happenings doing one of those quasi-pedophilia-type songs that no one would do anymore ("Go away little girl..."). Click to 80s on 8. "Rock the Casbah." The 80s sometimes beat the 60s. Not often, but sometimes.

We switch off the radio, and I read the comments to the baseball pitch post out loud:

Paul Zrimsek said ? paren ? "Placeholder for a thousand words of bafflegab involving depth of field and photo-editing software, somehow proving that Obama threw a perfect strike" ? close paren. Ha ha. I would front page that.
Later, we get back to the Sotomayorganza, and it's Al Franken at last. He's talking about himself again, saying something that we start parodying: Here I am, Al Franken, a Senator, talking to you, Sonia Sotomayor; we are here, in the Senate, and I am talking and you are talking. Check the transcript and you'll see. He's in this inane "I am a Senator" mode, and he's breaking all records for using the word "I." He bumbles through pointless questions detailing cases and revealing he knows next to nothing about actual Supreme Court cases. He ends his segment by asking Sotomayor: What's the title of the "Perry Mason" episode where Perry Mason lost a case? This gives Sonia a chance to giggle a bit in a human manner ? after being ploddingly robotic all day. She doesn't know the title, and it turns out Al doesn't either, which baffles old man Leahy.

Time to close up the MacBooks and hit the road again.

Full post as published by Althouse on July 15, 2009 (boomark / email).

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