In case you missed it, it seems that Harvard law professor Larry Tribe wrote President Obama shortly after Justice Souter announced his retirement from the Supreme Court. The purpose of the letter was to advise the President on whom he should pick to replace Souter. In a nutshell, Tribe's advice was "anybody but Sotomayor." Well, okay, he didn't say that, but he did say:

Bluntly put, she’s not nearly as smart as she seems to think she is, and her reputation for being something of a bully could well make her liberal impulses backfire and simply add to the fire power of the Roberts/Alito/Scalia/Thomas wing of the Court

For full coverage - including Tribe's efforts to dig himself out of the hole today - go to Ed Whelan's posts at NRO. It is clear, however, that Tribe valued Souter primarily for his ability to manipulate Anthony Kennedy; he doesn't think that Breyer is up to the task; nor is the "bully" Sotomayor.

Oh, and Tribe ends his letter by asking Obama to create a special position at Dept of Justice just for him. I wonder why the President didn't jump at that?

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Joined
Sep '10
Patrick in Albuquerque

Tribe's comments about Kagan are more relevant than his snarks about Sotomayor.

Dan Holmes
Joined
Sep '10
Dan Holmes

As I understand it, Sotomayor, in her writings, confused the meanings of at least 3 sets of words, namely providential and provincial, eminent and imminent, and vagaries and vagrancies, not to mention saying "story of knowledge" when she meant "store of knowledge." This alone is enough to disqualify her from being a Supreme Court Justice in my book. But, thanks to the milquetoast RINO senators advising and consenting, there she is. (Not that they could have done anything about her appointment anyway, short of employing the same unconstitutional filibuster tactics that the democrats had previously used).

I'll put in a snarky comment about Sotomayor--if the above is true, she isn't that smart...

Michael Tee
Joined
Jul '10
Michael Tee

Correct me if I'm wrong, but don't Justices have an army of clerks to write and edit opinions?

Kenneth
Joined
Jul '10
Kenneth

What sort of man refers to a female as a "bully"?

Some guys look at the Victoria's Secret catalog for the models. I suspect Tribe is actually shopping.

Charles Mark
Joined
Aug '10
Charles Mark

Could he have been thinking of who he might be able to cajole when his once( but,I suspect, no longer) inevitable nomination comes? Toe-curling stuff!

Charles Mark
Joined
Aug '10
Charles Mark

And might I respectfully add: Heckuva letter Larry- you must've gone to Harvard!


Joined
Jul '10
Palaeologus

Reading Tribe's missive brings me to two conclusions.

First, I wish I knew as little of Jennifer Granholm as he does. If you can picture Obama as a Canadian woman (description, not disparagement) you get Granholm.

Second, if Tribe isn't merely back scratching, then Kagan will pose a real problem.

As an aside, my worry about Sotomayor isn't that she's a bully, or not as smart as she thinks. My worry is that she is as smart as she thinks, and that her brazen disregard for the Constitution is strategic.

~Paules
Joined
Jun '10
~Paules

The Ricochet code of conduct restrains me from stating the obvious.

Rob Long

Adam, how did this letter get out? Certainly seems like a powerful inside-the-White-House hit job, doesn't it?

Good news, though: it sort of kills his chances at the court, doesn't it? Or were they already dead?

tomjedrz
Joined
May '10
tomjedrz

Wow ... Hit piece indeed.

What does it say about Mr. Tribe's judgment that he would put these thoughts on paper? He could certainly have gotten his point across without the direct insults, and then indicate his willingness to give more detail in a conversation.

What will this do to his career, having a Supreme Court justice as a personal enemy? It should end his chance at any senior government position, and certainly ends any chance he had left at an appointment to the court.

Edited on Oct 29, 2010 at 3:45pm

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