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Feel-good news: How Justice Sotomayor schooled Trump's solicitor general
https://www.dailykos.com/stories/2018/1/11/1731940/-Feel-good-news-How-Justice-Sotomayor-schooled-Trump-s-Solicitor-GeneralFeel-good news: How Justice Sotomayor schooled Trump's solicitor general
By Rebecca Pilar Buckwalter Poza
Thursday Jan 11, 2018 · 4:52 PM EST
It turns out that President Trump’s judicial nominees aren’t the only ones who can’t answer basic legal questions. Solicitor General Noel Francisco had a rough day at the Supreme Court on Wednesday after he couldn’t tell Justice Sonia Sotomayor why his office had changed positions on the issue under review.
Justice Sonia Sotomayor confronted U.S. Solicitor General Noel Francisco as to why his office broke with solicitors general of both political parties for 24 years who said using failure-to-vote as a trigger to purge voters from state rolls violated the National Voter Registration Act.
Pretty basic, right? Unfortunately, Francisco wasn’t ready.
General, could you tell me, there's a 24-year history of solicitor generals of both political parties under both -- presidents of both political parties who have taken a position contrary to yours. Before the amendment and after the amendment.
In fact, the Federal Election Commission, when it wrote to Congress with respect to the Help America Vote Act, took the position the old solicitor generals were taking. Everybody but you today come in and say the Act before the clarification said something different.
Seems quite unusual that your office would change its position so dramatically.
In fact, the Federal Election Commission, when it wrote to Congress with respect to the Help America Vote Act, took the position the old solicitor generals were taking. Everybody but you today come in and say the Act before the clarification said something different.
Seems quite unusual that your office would change its position so dramatically.
Francisco fumbled; Sotomayor kept going, every sentence making clearer how glaringly, obviously important this question surrounding the position reversal is in this case.
GENERAL FRANCISCO: Your Honor, what I'm saying is I think that the Help America Vote Act and the clarification amendment made it even clearer and after that clarification amendment—
JUSTICE SOTOMAYOR: Well, so please explain the change of position.
GENERAL FRANCISCO: Sure.
JUSTICE SOTOMAYOR: After that many Presidents, that many solicitor generals, this many years -- the vast majority of states, over 35, over 40, actually, who read it the way your opponents read it, most people read it that way -- how did the solicitor general change its mind? Do you believe this doesn't have an impact, a negative impact on certain groups in this society?
JUSTICE SOTOMAYOR: Well, so please explain the change of position.
GENERAL FRANCISCO: Sure.
JUSTICE SOTOMAYOR: After that many Presidents, that many solicitor generals, this many years -- the vast majority of states, over 35, over 40, actually, who read it the way your opponents read it, most people read it that way -- how did the solicitor general change its mind? Do you believe this doesn't have an impact, a negative impact on certain groups in this society?
It was a surprising oversight from an experienced litigator. Maybe Trump just has that effect on lawyers?
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