They Got Some ’Splainin’ to Do

By FRANK RICH
NYT

AS political theater, the Sonia Sotomayor hearings tanked faster than the 2008 Fred Thompson presidential campaign. They boasted no drama to rival the Clarence-Anita slapdown, the Bork hissy fits or the tearful exodus of Samuel Alito’s wife. There was rarely a moment to match even the high point of the Senate’s previous grilling of Sotomayor — in 1997, when she was elevated to the Second Circuit. It was then that Senator John Ashcroft of Missouri previewed the brand of white male legal wisdom that would soon become his hallmark at the Bush Justice Department. “Do you believe there’s a constitutional right to homosexual conduct by prisoners?” he asked. (She aced it: “No, sir.”)

Yet the Sotomayor show was still rich in historical significance. Someday we may regard it as we do those final, frozen tableaus of Pompeii. It offered a vivid snapshot of what Washington looked like when clueless ancien-régime conservatives were feebly clinging to their last levers of power, blissfully oblivious to the new America that was crashing down on their heads and reducing their antics to a sideshow as ridiculous as it was obsolescent.

The hearings were pure “Alice in Wonderland.” Reality was turned upside down. Southern senators who relate every question to race, ethnicity and gender just assumed that their unreconstructed obsessions are America’s and that the country would find them riveting. Instead the country yawned. The Sotomayor questioners also assumed a Hispanic woman, simply for being a Hispanic woman, could be portrayed as The Other and patronized like a greenhorn unfamiliar with How We Do Things Around Here. The senators seemed to have no idea they were describing themselves when they tried to caricature Sotomayor as an overemotional, biased ideologue.

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