Jamie Dupree

No Help From the Chief Justice

By
Jamie Dupree
@ June 30, 2009 12:00 AM
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A decision made by Chief Justice John Roberts may actually help Democrats argue for expedited Senate consideration of the Supreme Court nomination of Sonia Sotomayor.

At issue is a First Amendment case on campaign finance laws, dealing with a political documentary about Hillary Clinton that was made for the 2008 campaign year.

For whatever reasons, the Justices came to no conclusion on the matter, and decided to rehear the case, with a more focused evaluation on two specific legal questions.

The date for the new hearing? September 9, 2009.

At first, that doesn't seem like a big deal, but then you shake your head and realize that it's three and a half weeks before the first Monday in October, when the new term of the Court begins.

In a sense, the Chief Justice has undermined GOP Senators who were trying to slow Sotomayor's nomination, so that a debate in the full Senate wouldn't be held until around that time, after Labor Day.

Instead, I think you will see the Democrats move to quickly push the Sotomayor nomination through the Senate before breaking for an August recess in the Congress.

Her confirmation hearings begin on July 13. The Senate is supposed to head home on August 7. That's only three and a half weeks, which isn't much time at all.

You could have the hearings the week of July 13, and then the following week, Republicans could use their right to postpone consideration of the nomination for one week in the Judiciary Committee.

Then near the end of July, the committee could report out her nomination and send it to the Senate floor.

That would leave about a week for debate and a final vote around August 7.

Democrats might actually like this kind of compressed schedule. They should send a thank you note to the Chief Justice when they get a chance.

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