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	<title>Stuart Taylor, Jr.Olbermann&#8217;s Mosquito Bites &#8211; The Ninth Justice &#8211; Stuart Taylor, Jr.</title>
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	<title>Olbermann&#8217;s Mosquito Bites &#8211; The Ninth Justice &#8211; Stuart Taylor, Jr.</title>
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		<title>Olbermann&#8217;s Mosquito Bites &#8211; The Ninth Justice</title>
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		<dc:creator>Stuart Taylor, Jr.</dc:creator>
				<category><![CDATA[National Journal]]></category>
		<category><![CDATA[Supreme Court]]></category>
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				<description><![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img alt="20090604Olbermann.jpg" width="200" height="151" class="mt-image-right" style="float: right; margin: 0 0 20px 20px;" src="http://ninthjustice.nationaljournal.com/20090604Olbermann.jpg" /></span></p>
<p>I hear that Keith Olbermann <a href="http://www.msnbc.msn.com/id/3036677/vp/31073593#31073593">declared on MSNBC</a> Tuesday evening that I am &#34;runner-up&#34; for his &#34;hypocrisy award&#34; and also &#34;a fraud.&#34;</p>
<p>In case anyone takes Olbermann seriously, I identify below the false and misleading assertions of fact that he packed into his 60-second diatribe.</p>
<p>&#8226; Olbermann claimed that I characterized Sonia Sotomayor's <a href="http://www.dailyprincetonian.com/2009/05/15/23731/">1974 letter to the editor</a> accusing Princeton University of discrimination as a &#34;decisive&#34; reason to oppose her nomination.</p>
<p>False. <a href="http://ninthjustice.nationaljournal.com/2009/05/sotomayor-as-student.php">I wrote nothing close to that</a>, and I do not see Sotomayor's letter as disqualifying. I have consistently indicated that debate about this nomination should focus mostly on her judicial decisions and speeches, which I have analyzed at length. My only critical comment in my brief post about her 1974 letter was that &#34;some may see [it] as evidence that she was predisposed to look for the worst, not the best, in the institution that had afforded her such opportunities.&#34;</p>
<p>Olbermann quoted that sentence, but then falsely implied that I had been far more damning -- while omitting my statement in the preceding paragraph that others may see her success at Princeton as proof of her brilliance in overcoming the discrimination of which she complained.</p>
<p>The post <a rel="nofollow" href="https://www.stuarttaylorjr.com/content-olbermanns-mosquito-bites-ninth-justice/">Olbermann&#8217;s Mosquito Bites &#8211; The Ninth Justice</a> appeared first on <a rel="nofollow" href="https://www.stuarttaylorjr.com">Stuart Taylor, Jr.</a>.</p>
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					<content:encoded><![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><img decoding="async" alt="20090604Olbermann.jpg" width="200" height="151" class="mt-image-right" style="float: right; margin: 0 0 20px 20px;" src="http://ninthjustice.nationaljournal.com/20090604Olbermann.jpg" /></span></p>
<p>I hear that Keith Olbermann <a href="http://www.msnbc.msn.com/id/3036677/vp/31073593#31073593">declared on MSNBC</a> Tuesday evening that I am &quot;runner-up&quot; for his &quot;hypocrisy award&quot; and also &quot;a fraud.&quot;</p>
<p>In case anyone takes Olbermann seriously, I identify below the false and misleading assertions of fact that he packed into his 60-second diatribe.</p>
<p>&bull; Olbermann claimed that I characterized Sonia Sotomayor&#8217;s <a href="http://www.dailyprincetonian.com/2009/05/15/23731/">1974 letter to the editor</a> accusing Princeton University of discrimination as a &quot;decisive&quot; reason to oppose her nomination.</p>
<p>False. <a href="http://ninthjustice.nationaljournal.com/2009/05/sotomayor-as-student.php">I wrote nothing close to that</a>, and I do not see Sotomayor&#8217;s letter as disqualifying. I have consistently indicated that debate about this nomination should focus mostly on her judicial decisions and speeches, which I have analyzed at length. My only critical comment in my brief post about her 1974 letter was that &quot;some may see [it] as evidence that she was predisposed to look for the worst, not the best, in the institution that had afforded her such opportunities.&quot;</p>
<p>Olbermann quoted that sentence, but then falsely implied that I had been far more damning &#8212; while omitting my statement in the preceding paragraph that others may see her success at Princeton as proof of her brilliance in overcoming the discrimination of which she complained.</p>
<p>&bull; Olbermann claimed that Sotomayor&#8217;s 1974 letter was &quot;milquetoast and accurate&quot; in complaining &quot;about the lack of opportunities for Hispanics at her school.&quot;</p>
<p>False again. &quot;Milquetoast?&quot; Sotomayor&#8217;s language &#8212; which Olbermann carefully avoided quoting &#8212; made Princeton sound a bit like a genocidal dictatorship. She accused the school of  &quot;institutional discrimination,&quot; of &quot;total absence of regard, concern and respect for an entire people and their culture,&quot; and of &quot;an attempt &#8212; a successful attempt so far &#8212; to relegate an important cultural sector of the population to oblivion.&quot;</p>
<p>&quot;Accurate?&quot; Sotomayor did not cite a single example of discrimination by anyone against a single Hispanic student. Nor did she cite a single specific opportunity that had been denied to any Hispanic student. Her entire complaint was that Princeton had no Puerto Rican or Chicano administrator or faculty member; had fewer students of those ethnicities than Sotomayor wanted; and had no &quot;permanent&quot; course dealing &quot;in any notable detail&quot; with the Puerto Rican or Chicano culture.</p>
<p>&bull; Olbermann claimed that in 2006 I characterized then-Judge Samuel Alito&#8217;s legal memos of two decades before as &quot;too distant and irrelevant to matter&quot; in the debate over his nomination.</p>
<p>Highly misleading. I never said or implied that Alito&#8217;s old legal memos did not matter. <a href="http://www.theatlantic.com/doc/200601u/nj_taylor_2006-01-10">I did write</a> (as quoted elsewhere in Olbermann&#8217;s rant) that Alito&#8217;s critics had &quot;ignored much evidence that his 15 years of steady, scholarly, precedent-respecting work as a judge tell us more about him than a handful of widely (and misleadingly) publicized memos that he wrote more than 20 years ago.&quot; <a href="http://www.nationaljournal.com/njmagazine/nj_20051210_3.php">I also</a> <a href="http://www.nationaljournal.com/njmagazine/nj_20051105_3.php">showed</a> <a href="http://www.nationaljournal.com/njmagazine/nj_20051119_3.php">that</a> Alito&#8217;s memos (unlike Sotomayor&#8217;s 1974 letter) had been both widely publicized and grossly distorted by (among others) The <em>Washington Post</em> and The <em>New York Times</em>.</p>
<p>&bull; Olbermann concocted his &quot;hypocrisy&quot; and &quot;fraud&quot; charges by juxtaposing his misrepresentation of what I wrote about Sotomayor with his misrepresentation of what I wrote about Alito.</p>
<p>Dishonest. My approach to analyzing both nominees has been the same: Old letters and memos are of some relevance but should not be distorted, and actions as a judge are much more relevant.</p>
<p>In smearing me as unfair to Judge Sotomayor, Olbermann ignored the fact that on the day she was nominated I praised her intellect and accomplishments (while expressing some concerns) on his own network (MSNBC), BBC, the &quot;Charlie Rose&quot; show, and &quot;The Diane Rehm Show.&quot;</p>
<p>The post <a rel="nofollow" href="https://www.stuarttaylorjr.com/content-olbermanns-mosquito-bites-ninth-justice/">Olbermann&#8217;s Mosquito Bites &#8211; The Ninth Justice</a> appeared first on <a rel="nofollow" href="https://www.stuarttaylorjr.com">Stuart Taylor, Jr.</a>.</p>
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