The Australian runs -without checking- an article by the UK Times Online

“US President Barack Obama has named Sonia Sotomayor, the federal appeals judge, as the US’s first Hispanic Supreme Court justice, a woman with a remarkable personal story that began on a housing project in the south Bronx.If confirmed by the Senate, Justice Sotomayor, 54, whose parents came from Puerto Rico, will also become only the third woman to serve on the US’s highest court.
Barring an unexpected scandal she is expected to be confirmed by the Senate without a bruising fight, mainly because, faced with a Democratic majority of 59 seats, Republicans will be unable to muster the 60 votes needed to mount a blocking filibuster”

I know US senate rules are byzantine to busy journalists, but even wikipedia could help out the sub-editors here: “in the United States Senate, where Senate rules permit a senator, or a series of senators, to speak for as long as they wish and on any topic they choose, unless a supermajority of the Senate (60 Senators, if all 100 seats are filled; or possibly 60 seats, regardless of how many are filled. This point is open to debate.) brings debate to a close by invoking cloture”

The original article has it exactly backwards. Because Democrats have 59 seats they should (in theory) be able to get 60 votes and overcome a filibuster. Which requires just 1 senator to implement. This is a problem with running content straight from foreign sources, particularly when it is a third-party source such as a UK outlet discussing American politics. And it is only going to get more common as Newspapers close expensive foreign bureaus and simply print wire stories. But they could at least read it first.

*Update* A reader has emailed to ask for my view of the actual pick, so here goes: I originally supported Obama back in early 2007, not because he was the most progressive of democrats, but because he seemed the most politically capable. Like FDR, both are rather conventional if not conservative democrats. Yet they did (and will) achieve far more than their predecessors because of their mastery of the political environment. I would always rather an uninspiring leader who achieves significant changes, than a barn stormer who lights a fuse but achieves little. (Obama’s speeches are inspiring, his policy preferences are however decidedly not). It was Obama’s political talent, not political passion which first interested me.

Which is a long way of saying I agree with Johnathan Martin’s take that Obama’s choice is at once “breathtaking and boring”. Sotomayor seems a very conventional pick to replace an aging liberal justice. Yet in her meritocratic rise, Hispanic background and the likely over-reaction of conservatives Obama has picked a candidate who very usefully serves his agenda. Obama is obviously keen to show that anyone from poor backgrounds with the right skills and hard work can rise up. This helps legitimise his own success, so look for more minority candidates for high office in the future from him (Rather than any racist preference for non-whites). Secondly, there is a reason that the last three presidents have all been able to speak spanish (Yes including Bush Jnr!), and Obama’s capturing of this demographic away from the republicans was one of the key reasons behind his domination of McCain in 2008. If he makes it permanent, then the republicans wont get back in office for a few decades, if ever. Finally (and playing on the race factor just mentioned), Obama wanted to choose someone who pushed the boundaries just enough to ensure the rump of the conservative party went nuts, and hence re-enforced his own image of moderation and sensible governance. Obama knows he is lucky to have the opponents he does, and he regularly seeks to milk that for what it is worth, by pushing them (ever so slightly) into over reactions. Whilst almost any choice Obama made for the court would have provoked conservative reaction, Obama has gone for one who will hopefully provoke a big, but easy to win fight. And the larger the fight, the more conservative activists will end up alienating Hispanic voters. Obama is not the messiah for the progressive nature of his policies, but he is one hell of a fine politician. And in that he offers the left real opportunity for advancing and legislating some of its key and longest held ideals.