- The Washington Times - Thursday, July 16, 2009

ANALYSIS/OPINION:

Your Tuesday editorial “Sotomayor double standards” said of the confirmation hearings for Miguel Estrada and Judge Sonia Sotomayor that “what sets them apart is how they were treated by Democratic senators.” This is quite true — and unfortunate. Democratic senators used what can only be described as a litmus test when they scuttled Mr. Estrada’s confirmation.

You are wrong, however, to imply that the difference in treatment by Democratic senators is the only thing setting apart the cases of Mr. Estrada and Judge Sotomayor. As this week’s hearings have demonstrated, another glaring difference is the treatment of the two nominees by Republican senators, who seem intent on twisting the record of a mainstream justice into that of an activist nightmare. Vermont Democratic Sen. Patrick J. Leahy’s treatment of Mr. Estrada in 2003 wasn’t admirable, but it’s deja vu all over again with an equally disappointing performance by Sen. Jeff Sessions, Alabama Republican, toward Judge Sotomayor.

The public isn’t fooled, and we’ve grown tired of the childish “but they did it first” rationalization of congressional misbehavior.

DANIEL KUEHN

Arlington

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