I don’t think confirmation of a Supreme Court nominee should turn on public polling. Nonetheless, when the public polls favored Sonia Sotomayor, supporters of Sotomayor argued for the relevance of these polls, arguing that “that Obama apparently found the American political center in appointing her.”

Then came the Supreme Court’s decision in Ricci v. DeStefano, which reversed Sotomayor’s ruling on the New Haven firefighters case. Now the public polls have turned down substantially, with a small plurality against Sotomayor’s nomination. A Rasmussan poll shows a drop in support with 37% in favor of confirmation, and 39% against.

So, if the polls were relevant when the polls were good for Sotomayor, does that mean the polls still are relevant when the polls are not so good?

Related Posts:
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Sotomayor “Meant What She Said and Said What She Meant”
Prominent Constitutional Scholar Warns Of “Stealth Nominee”
Sotomayor’s Damned Statistics

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