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  • Sotomayor

    Sotomayor is not a Harriet Meirs nomination - she stands a very good chance of being confirmed to the Supreme Court. What are folks' opinions of her? If you don't have one yet, Tom Goldstein at ScotusBlog has put together a listing of her principal opinions on civil cases here.

    I also agree with Jeff Greenwald (a journalist whose opinion I respect) that Obama's choice deserves praise. It's natural for a President to choose a nominee that reflects his or her views, and Obama has elected to choose one that best fits the predominant culture despite the views of any particular political agenda. Greenwald also heaps significant scorn on Jeffrey Rosen's (New Republic) illegitimate smear piece that is being waved around by others in the media. When evaluating a supreme court judge, the feelings of a few antagonistic and anonymous clerks should not form the foundation of one's judgment.

    I personally view her as left of center (often sides with plaintiffs in civil cases but upholds the law when it comes to the role of government) and therefore a good addition to the right-of center court.

  • #2
    Re: Sotomayor

    I don't know anything about her except what I've been told, and I'm not sure I trust that at the moment. For example,

    Commentator #1: Since she's been on the Appeals court, over half her decisions have been reversed on appeal.

    Commentator #2: Since she's been on the Appeals court, she's participated in four-hundred-some-odd decisions. Of those, 5 have been reviewed by the Supreme Court. Of those, 3 have been reversed.

    I'm going to withhold judgement until they start the confirmation hearings, and just hope that they ask some reasonable questions.

    Edit: Oh, by the way, props for that ScotusBlog link. That was highly informative, and makes me feel much better about her in general.

    Comment


    • #3
      Re: Sotomayor

      Looks like the one cite of 2nd amendment decision was a panel she was on deciding that the 2nd amendment doesn't apply to the states.
      Dude, seriously, WHAT handkerchief?

      snooggums' density principal: "The more dense a population, the more dense a population."

      Iliana: "You're a great friend but if we're ever chased by zombies I'm tripping you."

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      • #4
        Re: Sotomayor

        Then none of the other rights do either.......
        |TG-X|Turkish

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        • #5
          Re: Sotomayor

          Originally, they didn't. I'm not real clear on when the courts started interpreting them as applying to states as well as the fed, but I'd agree with you that Sotomayor ought to at least be consistent on applying the federal constitution to states -- either it binds them in its entirety, or it only binds them where it specifically names them.

          That said, I have no idea how she's ruled on that issue on other rights, so for all I know she might already be entirely consistent there.

          Comment


          • #6
            Re: Sotomayor

            Originally posted by Kerostasis View Post
            I don't know anything about her except what I've been told, and I'm not sure I trust that at the moment. For example,

            Commentator #1: Since she's been on the Appeals court, over half her decisions have been reversed on appeal.

            Commentator #2: Since she's been on the Appeals court, she's participated in four-hundred-some-odd decisions. Of those, 5 have been reviewed by the Supreme Court. Of those, 3 have been reversed.

            I'm going to withhold judgement until they start the confirmation hearings, and just hope that they ask some reasonable questions.

            Edit: Oh, by the way, props for that ScotusBlog link. That was highly informative, and makes me feel much better about her in general.
            Well, yes. Saying 3/5 of her decisions have been overturned is a bit meaningless unless you have an average for all justices. Remember, the SC really only takes cases it thinks need further review, so one can say that any case the SC doesn't take is, in fact, tacitly supported by them. By that measure, she's done fairly well.
            I can ADS using more than a 2x without significant stutter! This was a good patch.

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            • #7
              Re: Sotomayor

              I personally think it was a mistake choosing Sotomayor. The reason?
              "La Raza." Plain and simple. They've been touted as a separatist organization that advocates illegal immigration and is a feeder for radical groups that indeed, are quite like the KKK. My Colombian gf said bluntly they're borderline "Latin Kings." (the 2 go hand-in-hand in some cases).

              Some of this may be extreme, but I just think it's a bit of a gamble. She's a good choice otherwise, but I get the feeling she's probably the most racially divisive of all the Justices and that's just something that we dont need nor do I respect.

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              • #8
                Re: Sotomayor

                In our private conversations, Judge Cedarbaum has pointed out to me that seminal decisions in race and sex discrimination cases have come from Supreme Courts composed exclusively of white males. I agree that this is significant but I also choose to emphasize that the people who argued those cases before the Supreme Court which changed the legal landscape ultimately were largely people of color and women. I recall that Justice Thurgood Marshall, Judge Connie Baker Motley, the first black woman appointed to the federal bench, and others of the NAACP argued Brown v. Board of Education. Similarly, Justice Ginsburg, with other women attorneys, was instrumental in advocating and convincing the Court that equality of work required equality in terms and conditions of employment.

                Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.
                OK, so life experiences make one wise. Why throw the skin color and sex into that last line? Why unless she intended it to be a racist and sexist comment?
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                • #9
                  Re: Sotomayor

                  Originally posted by CingularDuality View Post
                  OK, so life experiences make one wise. Why throw the skin color and sex into that last line? Why unless she intended it to be a racist and sexist comment?
                  phew. Thank you for that CD, because I cut out most of my original post. :)
                  Now that you posted that quote I can continue.

                  It just seems to me she's taking the bench as a Latina Woman, rather than a wise impartial judge... and she's not afraid to do-so. If indeed Hispanics were a subjugated and generally disliked group of people (which they're not, and not even close to the racial disparities African Americans face), and women were treated as second-class citizens (which they're not) I'd say her record isnt that bad.

                  But, this is 2009 and really, Hispanics (and women) at that arent really that big an issue outside of illegal immigration, their explosive growth, and their desire to obtain power for their specific niche. The former and the latter are things that I see Sotomayor playing into, which I despise.

                  She'd make a much better example for Hispanic opportunity in the U.S. if she approached it from a point of acceptance and integration. She should be a humble beacon, not a loud bullhorn... people respect people more than bullhorns.

                  So this whole nomination just smells too political to me; and too racial from the nominees standpoint. I applaud it and scoff at it at the same time.

                  Comment


                  • #10
                    Re: Sotomayor

                    I think President Obama picked an outspoken and unapologetic ultra-liberal right off the bat, so his nomination can be rejected and he can easily slide his REAL nomination right in...

                    There are many, many liberal judges that will look downright conservative next to Ms. Sotomayor.
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                    • #11
                      Re: Sotomayor

                      Originally posted by CingularDuality View Post
                      OK, so life experiences make one wise. Why throw the skin color and sex into that last line? Why unless she intended it to be a racist and sexist comment?
                      She was talking about sex and racial discrimination cases vs an all white male supreme court. IMO it's a utopian fantasy to believe anyone can be truly impartial. That's why we need more then one justice with more then one background. She points how justice may not be blind in the next two paragraphs.

                      Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.

                      However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench. Personal experiences affect the facts that judges choose to see. My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar. I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.

                      Comment


                      • #12
                        Re: Sotomayor

                        Originally posted by Gambit7 View Post
                        I personally think it was a mistake choosing Sotomayor. The reason?
                        "La Raza." Plain and simple. They've been touted as a separatist organization that advocates illegal immigration and is a feeder for radical groups that indeed, are quite like the KKK. My Colombian gf said bluntly they're borderline "Latin Kings." (the 2 go hand-in-hand in some cases).
                        Your girlfriend is confusing the street gang La Raza with The National Council of La Raza.

                        If your going to compare the KKK with the National Council of La Raza. Why not just throw the NAACP and ACLU in there. Rush Limbaugh to the rescue.

                        Comment


                        • #13
                          Re: Sotomayor

                          Originally posted by Hambergler View Post
                          Your girlfriend is confusing the street gang La Raza with The National Council of La Raza.

                          If your going to compare the KKK with the National Council of La Raza. Why not just throw the NAACP and ACLU in there. Rush Limbaugh to the rescue.
                          Ham, I wasnt comparing La Raza to the KKK... only their affiliates, which have been proven to have been supported (however [in]directly) by La Raza. But, her confusion is a possibility.

                          And honestly, if Thomas was a sitting board-member of the NAACP I'd have issue with that as well. You cant have Supreme Court justices sitting boards on large, expensive socio-ethnocentric special interests.... makes no sense. Regardless, all those organizations are pretty different from one another... and Thomas is a social conservative in those regards anyways.

                          I just get this loud "I am a Latina, hear me roar" vibe from Sotomayor. There's no place for that in the highest court. Her track record on the bench is pretty stellar though and there seems to be no real racial bias in her courts, which is great (although I'm unsure which races were represented in her "stats")... but as a seating Sup. Court Justice she should set a different example imo.

                          Social Reform is always a touchy topic and one I know Obama is pretty passionate about on a personal level (as am I)... he's exercising his feelings by this appointment I think. I just believe it's going a bit too far. Then again, we've also got to realize that much of Sotomayor's angst came from the Civil Unrest of the 70's, which I cant really blame her for... but her affiliation with La Raza is obviously a more recent thing.

                          I dunno, I'm just torn with the whole thing. I'm glad there's a Latin female up there, but I dont necessarily agree with her politics nor her "style." I've never been a fan of racial sabre-rattling and whistleblowing, which seems to have been her M.O. for most of her life.... I prefer example and direct action to address such issues, rather than just whining. She's from an older generation though and it'd probably be tough to find a more qualified Latin woman to sit the bench anyways... which again leads to the appointment being too political.

                          Pretty much stuck between a rock and a hardplace.

                          Comment


                          • #14
                            Re: Sotomayor

                            Originally posted by Gambit7 View Post
                            Ham, I wasnt comparing La Raza to the KKK... only their affiliates,
                            Come on man, how many to Kevin Bacon. La Raza is millions of people.

                            Originally posted by Gambit7 View Post
                            And honestly, if Thomas was a sitting board-member of the NAACP I'd have issue with that as well.
                            Funny you should say that. NAACP and the urban league were vehemently opposed to Thomas' nomination. Pretty sad for the first black nominee imo. At least the Latino community supports Sotomayor.

                            Originally posted by Gambit7 View Post
                            You cant have Supreme Court justices sitting boards on large, expensive socio-ethnocentric special interests.... makes no sense.
                            Do you think she is going to stay on with La Raza.

                            Originally posted by Gambit7 View Post
                            I just get this loud "I am a Latina, hear me roar" vibe from Sotomayor. There's no place for that in the highest court.
                            Anytime the word Latino is mentioned she's demonized. Add some Latino KKK, call her a radical, some GOP talk blah blah in there and you got a genuine news story.

                            Originally posted by Gambit7 View Post
                            Then again, we've also got to realize that much of Sotomayor's angst came from the Civil Unrest of the 70's, which I cant really blame her for...
                            Blame her? I respect her for standing up. In her time people gathered to change what they didn't like. Now we just sit fat and happy and take whatever. Hopefully her old school sense of justice is still in her.
                            Last edited by Hambergler; 05-31-2009, 03:22 PM.

                            Comment


                            • #15
                              Re: Sotomayor

                              Originally posted by Hambergler View Post
                              Your girlfriend is confusing the street gang La Raza with The National Council of La Raza.
                              What street gang are you referring to? La Raza is the parent organization of Mecha, which is a huge pro-reconquista/Aztlan movement. These organizations want to eliminate our nation's sovereignity in the Southwest. They feign credibility by maintaining different levels of organization with massive amounts of overlapping membership. So, Ms. Sotomayor can say that she's never been associated with Mecha, but La Raza contributes massive amounts of funding and resources to that racist group.

                              "Por La Raza todo, Fuera de La Raza nada"
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