News Sonia Sotomayor's Controversial Decisions: Examining Her Judicial Record

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President Obama nominated Sonia Sotomayor for the Supreme Court, making her the first Hispanic justice. Conservatives criticized her as a liberal activist, claiming she prioritizes personal political agendas over the law. Key rulings discussed include her rejection of a Second Amendment claim regarding state bans on firearms and her decision in Ricci v. DeStefano, which upheld a New Haven promotion decision that some viewed as racially discriminatory. Critics argue that her statements suggest a belief that the judiciary should create policy, while supporters highlight her qualifications and the importance of empathy in judicial decisions. The nomination reflects ongoing partisan tensions in judicial appointments and the broader implications for the Supreme Court's role in American law.
  • #101
West Side man John Zaubler charged with threatening Judge Sonia Sotomayor, President Obama
A Manhattan weirdo was busted for calling 911 and making a bizarre threat to "blow up" Judge Sonia Sotomayor.

John Zaubler, 48, was charged with making a terroristic threat against the Bronx-born appeals judge, President Obama's choice for the Supreme Court.

"I am going to kill Judge Sonia Sotomayor by blowing her up," John Zaubler screamed into the phone on May 30, cops say.
http://www.nydailynews.com/ny_local/2009/06/05/2009-06-05_west_side_man_charged_with_threatening_judge_sonia_sotomayor_president_obama.html#ixzz0HgIVfJLH&D

Whatever could Homeland Security have been thinking that maybe there are threats from the Right?

And no sooner than I post that, but here comes this:
Daniel James Murray, 'Cape Man' who threatened to kill Obama at Utah bank, arrested at Nevada casino

Authorities arrested Daniel James Murray, the gun-loving loon from upstate New York who threatened to kill President Obama, at a Nevada casino Friday, ending a nationwide manhunt.

Federal agents were pursuing Murray, 36, after he told a Utah bank manager he was "on a mission to kill" Obama.
http://www.nydailynews.com/news/us_world/2009/06/06/2009-06-06_man_who_threatened_to_.html#ixzz0HgJXzPUo&C
 
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  • #102
I don't know exactly what to think of her. I watched her on Arar vs. Ashcroft, and she seamed to be vicious, but I agreed with her opinion, and the Layer she was being vicious to deserved it. She was cutting through the B.S., but the way he went about it seamed controversial. She would interrupt the layers often, and ask questions aimed at projecting her own views.

I am a little concerned than the Supreme court will be stacked with Catholic judges. Nothing against catholics, I just wonder if the Pope will be leading the supreme court, or if the judges will?
 
  • #103
jreelawg said:
I am a little concerned than the Supreme court will be stacked with Catholic judges. Nothing against catholics, I just wonder if the Pope will be leading the supreme court, or if the judges will?

I must admit that I was a little surprised when I saw that we will have six Catholics on the Court. But I think your concerns are unfounded. People had the same concerns about Kennedy.

Is there any evidence that her Catholicism has interfered with her judicial decisions? Consider for example that when she ruled in favor of the cop who was spreading racially offensive literature, she ruled against her own conscience and biases in favor the law.
 
  • #104
  • #105
jreelawg said:
"The decision was written by Judge Sonia Sotomayor, who wrote that the policy did not constitute a violation of equal protection, as "the government is free to favor the anti-abortion position over the pro-choice position, and can do so with public funds".

http://en.wikipedia.org/wiki/Center_for_Reproductive_Law_and_Policy_v._Bush

Why do you assume that this had anything to do with her Catholicism. One might find examples of her rulings that would seem to be consistent with Catholic teachings, but the key is whether we can find decisions that are not consistent with those teachings.

More importantly, was the rationale for her decisions consistent with the Constitution? You seem to be implying that any decision consistent with Catholic teachings was determined by the those teachings,. This assertion cannot be defended based on one a few decisions. One has to consider the entirety of her work.
 
  • #106
Your right, I'm not sure. But, if she is a Catholic, and she isn't faking it, then she is obligated by god to follow the pope. If she were to support something which is deemed a sin by the catholic church, she would be, by her belief, going against god.
 
  • #107
She is required by her faith to live her own life according the teachings of the church. That does not imply that she is required to impose those beliefs on anyone else. She most certainly found the distrubution of racially offensive literature personally offensive, but she not rule according to her personal biases. She ruled in favor of the law.

Her faith also includes the following: Give to Caesar what is Caesar's, and give to God what is God's.”

If she takes an oath swearing to preserve, protect, and defend the Constitution, then she is bound by her faith to do so.
 
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  • #108
In fact, it might even be fair to ask if the reason we see that 6 of 9 Supreme Court Justices are [will be] Catholic, is that because of their Catholicism, they are more objective. Does faith raise the legal bar such that personal bias is less significant than it might be in a person who does not believe that they answer to a higher power?

If a non-believer tells a lie or makes a biased legal decision, he or she answers only to him or herself. If a Catholic knowingly rules according to personal bias, they believe that they will have to answer for this before the highest court. They might even believe that they would go to hell for such a transgression.
 
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  • #109
That is a fair point. But, there are issues like for example the Bush administrations abstinence only policy. There are times when science and faith conflict, and we have seen faith win out at the expense of results. Then there is the question of the catholic churches war against science, demonizing of Darwin, pushing religion into the classroom etc.
 
  • #110
While I am the first to complain about Bush, I don't think the comparison is appropriate. SC Judges are bound to make strict interpretations of Constitutional law. One of the President's job is to set policy based on the platform on which he ran. That platform often includes his personal beliefs and biases. The two jobs are very different.

So far I think Sotomayor might make an excellent SC Justice. But I have no idea if I would want her to hold political office. One thing has very little to do with the other.
 
  • #111
She has already stated that she thinks a persons ethnicity and life experiences play a role in how they will judge, this would seam to have to include religion. She has stated that her experiences as a hispanic women, she thinks, make her a better person for the job than a white male. This seams like a slippery slope. What does she really think in her heart? Does she think being catholic makes her a better judge than a jew?
 
  • #112
I wonder will Republicans attack her now because she is a people person?
Supreme Court nominee Sonia Sotomayor's brother Juan sticks up for his big sis
http://www.nydailynews.com/news/politics/2009/06/10/2009-06-10_supreme_court_nominee_sonia_sotomayors_brother_juan_sticks_up_for_his_big_sis.html

Meanwhile, Republicans are busy grousing about rushing through to hearings on her nomination, when her time to confirmation, even if confirmed on the first day of the scheduled hearing will apparently already be longer than average for past nominees.

The Party of No doesn't seem to skip a beat.
 
  • #113
Ivan Seeking said:
If a non-believer tells a lie[, molests children] or makes a biased legal decision, he or she answers only to him or herself.
Fixed it for you! :-p

If a Catholic knowingly rules according to personal bias, they believe that they will have to answer for this before the highest court.
This is also exactly true of a non-believer for whom "him or herself" is the highest court.
 
  • #114
Gokul43201 said:
Fixed it for you! :-p

If you say so.

This is also exactly true of a non-believer for whom "him or herself" is the highest court.

It is not the same. To a non-believer, responsibility is purely an abstraction - an academic concept. To a believer, there is a greater reality that by definition they believe exists. One has to first grapple with the reality of a belief in hell to understand the difference. If you never have, then there is no common frame of reference.

In either case, there is no reason to think that she will be an agent for the Pope because it would violate her beliefs. He religion demands that she be the best SC Justice that she can be. She is [will be] bound by an oath that she believes to be real and not just words or an abstraction, that she will defend the Constitution.
 
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  • #115
I heard the same clap-trap from the right when JFK was running for president - younger people may not be aware of it, but those of us who were Roman Catholic were pretty ticked off to hear that Kennedy wasn't fit to be president because his religion made him subservient to the Pope. It seems that it's OK to be a conservative Catholic, but if you might be a liberal (we really don't know her yet) being Catholic is a sign that you'll be dangerous to Constitutional law.
 
  • #116
Ivan Seeking said:
It is not the same. To a non-believer, responsibility is purely an abstraction - an academic concept. To a believer, there is a greater reality that by definition they believe exists. One has to first grapple with the reality of a belief in hell to understand the difference. If you never have, then there is no common frame of reference.
I find the phrase "reality of a belief in hell" almost oxymoronic (more comical actually, if you throw in the right lighting, soundtrack, and the red dude with a pitchfork), but I'd rather not make this a debate about Religion. Without any kind of statistical studies, I discount assertions that one of the two groups (believers vs non-believers) makes for a more moral, less lying, more unbiased ... person. On a related (though still off-topic) note, I was just listening to NPR and someone mentioned a not uncommon saying that goes something like this: "Character - it's doing the right thing when no one is watching."

In either case, there is no reason to think that she will be an agent for the Pope because it would violate her beliefs. He religion demands that she be the best SC Justice that she can be. She is [will be] bound by an oath that she believes to be real and not just words or an abstraction, that she will defend the Constitution.
(If this was directed at me) I hold no opinion on this matter, and have no reason to support an "agent of the Pope" assertion.
 
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  • #117
Gokul43201 said:
I find the phrase "reality of a belief in hell" almost oxymoronic (more comical actually, if you throw in the right lighting, soundtrack, and the red dude with a pitchfork), but I'd rather not make this a debate about Religion.

Yet you choose to insult religious beliefs [actually, those who have these beliefs]. In fact you often make a point of doing so.

Without any kind of statistical studies,

Okay

I discount assertions that one of the two groups (believers vs non-believers) makes for a more moral, less lying, more unbiased ... person.

Clearly then this is a matter of faith for you.

On a related (though still off-topic) note, I was just listening to NPR and someone mentioned a not uncommon saying that goes something like this: "Character - it's doing the right thing when no one is watching."

What is the "right thing". It depends entirely on one's beliefs. She may believe that abortion is wrong but would be forced to rule according to the law, even if it conflicts with her beliefs, because she took an oath. IF that oath was considered to be an abstraction - just words when compared to the life of a child - then one might not feel compelled to rule according to the law.

(If this was directed at me) I hold no opinion on this matter, and have no reason to support an "agent of the Pope" assertion.

An agent of the pope assertion is what motivated my statements. I was explaining why a Catholic can be expected to rule according to the law, but apparently you find that to be offensive.
 
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  • #118
Ivan Seeking said:
Yet you choose to insult religious beliefs. In fact you often make a point of doing so.
No, I was merely rebutting what I perceived as an insult to non-believers.

Clearly then this is a matter of faith for you.
My being skeptical of the assertions you made without recourse to any supporting evidence leads you to believe that this is a matter of faith for me?

What is the "right thing". It depends entirely on one's beliefs. She may believe that abortion is wrong but would be forced to rule according to the law, even if it conflicts with her beliefs, because she took an oath.
You missed the point. If you are a believer, there's never "no one watching". In fact, you specifically asserted greater morality based on having to deal with the consequences of being watched.

An agent of the pope assertion is what motivated my statements. I was explaining why a Catholic can be expected to rule according to the law, but apparently you find that to be offensive.
No, what I find offensive is your assertion that a Catholic is more likely to be ethical and unbiased than a non-believer. You started the religion war with that assertion, not I.

Thanks, I'm done with this argument. You can have the last word, if you want it.
 
  • #119
Ivan Seeking said:
In either case, there is no reason to think that she will be an agent for the Pope because it would violate her beliefs. He religion demands that she be the best SC Justice that she can be. She is [will be] bound by an oath that she believes to be real and not just words or an abstraction, that she will defend the Constitution.

The Catholic church hasn't made any comments that I know of specific to judges, but the http://www.wf-f.org/Catholics_and_Politics.html Supporting an immoral act, such as voting for abortion or against an anti-abortion bill, isn't something a Catholic politician can do and still participate fully in the Catholic church. They have to decide which is more important.

That means no more when it comes to Sotomayor than it does when it comes to Joe Biden (pro-abortion Catholic), John Kerry (pro-abortion Catholic), Nancy Pelosi (pro-abortion Catholic), etc.

But I don't think you can use the Catholic church as a reason why she'd be less likely to let her religious views affect her rulings. (It is a reason why her personal views shouldn't be allowed to affect her rulings, but the views of the Catholic church are bigger and more important than her personal views.)

I think it's almost irrelevant; or at least less relevant than her judicial record.
 
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  • #120
Gokul43201 said:
Ivan Seeking said:
If a non-believer tells a lie[, molests children] or makes a biased legal decision, he or she answers only to him or herself.
Fixed it for you! :-p

Ivan Seeking said:
Yet you choose to insult religious beliefs [actually, those who have these beliefs]. In fact you often make a point of doing so.

Gokul43201 said:
No, I was merely rebutting what I perceived as an insult to non-believers.

It was a rather strange rebuttal.
 
  • #121
BobG said:
It was a rather strange rebuttal.
Jeez! That was only the first part of my response, and it was made with a tongue2 smiley at the end of it! Besides, there wasn't anything logically flawed with that addition, was there? Or is molesting children not considered immoral behavior?
 
  • #122
swat4life said:
This statement clearly reflects the tragic, irrational emotional investment in an idea despite all evidence - logical, scientific, even Newt Gengrich-rejected - to the contrary that some individuals have.


Since there is no "Latino/Latina" race scientifically speaking, EXPLAIN TO THE READERS HOW ANYONE WITH A SHRED OF LOGICAL THINKING CAPABILITY WOULD SUGGEST THIS WOMAN IS ALLUDING TO THE RACIAL SUPERIORITY OF A NON-EXISTENT RACE?

I've really been holding back on this for a while, but it's a crying shame that it is 2009 and there are people this ill-informed.

Yeah, that definitely sounds like someone promoting the racial superiority of a non-existent genetic race. [/B][/U]
Here's the problem with your entire post: she's the one asserting it, not me! She labeled herself "a wise Latina woman". And Obama picked her largely because she's a female Hispanic. He said so.

*I* would very much like to see this be a country blind to race (and I fully understand that the concept of race itself is artificial - especially considering our President's chosen/labeled race) and gender, but it hasn't happened yet - it is being perpetuated (in this case) by the President and his USSC justice choice.

You're arguing with the wrong person!
 
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  • #123
Ivan Seeking said:
Where does she seem to say that?
I didn't quote the already commonly quoted statement from the same speech, where she says:

"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..."

I guess I figured everyone was already quite familiar with that quote. The quotes in my post are an amplification of that statement: saying that it isn't just her experience, it is her genes.

People (in this thread too) have said we need to view that quote in context: I provided context that actually makes the quote worse.
How does the suggestion that we have differences suggest superiority?
Suggesting differences doesn't suggest superiority, suggesting that differences suggest superiority suggests superiority.

Be honest with yourselves, people. If you replace "hispanic" with "white" and "woman" with "man" in these quotes and then try to judge how the media would react, there is no way the media would react any way but to drop a hammer on the person saying such a thing. Could you imagine McCain referring to himself as a "wise white man" in a speech where he his arguing for why he should be President?
 
  • #124
turbo-1 said:
Sotomayor never said that Hispanics are genetically superior to whites...
She said "inherrent physiological...differences" (which can be nothing other than a genetic difference) and she said "better".
[sarcasm]Yes, her remarks are just dripping with racism, aren't they? [/sarcasm]
I guess as long as only 5% is racist, that's ok? Does a white male get the same benefit of the doubt when letting a racial stereotype slip?

In particular, turbo-1, I have a big problem with this part, which we discussed even before her name came up, when Obama said something similar:
While recognizing the potential effect of individual experiences on perception, Judge Cedarbaum nevertheless believes that judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law. Although I agree with and attempt to work toward Judge Cedarbaum's aspiration, I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society.
The judge she paraphrased says that judges have the responsibility to be unbiased in their judging. They have to at least try. And I agree. A judge should be deciding matters of Constitutionality based on the constitution and the intent of the framers. That's their purpose and responsibility. She's throwing that out. She says she agrees, but she then specifically disagrees with it (yeah, she sets it off with "I wonder...", but that's a weasel that leads into the more specific quotes I posted above).

She is telling us, in plain English, that she's not even going to try to faithfully interpret the Constitution.

She is telling us, in plain English, that she will decide matters of law based partly on her racial bias.

It floors me that in this day an age, this is not just considered acceptable, but desirable!
 
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  • #125
I don't understand the whole thing, because I haven't been paying any attention to the media, or watching FOX news, but anything I say negative about her, mindless drones come back with something about me being some kind of republican who watches fox news.

Personally, I think that the power brokers within the republican party purposely gave Obama the election by forcing McCain to pick Palin. I think the Bush family and the Clintons are closer than Rush and Newt, and I think that Obama is basically part of the Clinton Gang, which is also part of the Bush gang. I also think that the Bushes and the Clintons, and Obama alike chose Soto, for some reason, not because she is hispanic. And that many (the ones in the loop) republicans are speaking out against Soto as a publicity stunt.

I also find it funny the way people can twist things around to fit their clients agenda. Liberals, democrats, Obama supporters, the last people you would expect, defending racists and racist remarks when their cause is on the line. I'm talking Wright, the anti semetic, anti white priest who thinks Obama is being controlled by Jews. Now Sotomyer. Come on people call it for what it is.

Ok, African Americans have a history that makes racism more acceptable for them, I'll give you that, but what of Hispanics? Hispanics were the pioneers and dominators of slave trade and colonialization. No slack, she is plain old racist that's all there is to it.

And I don't buy the catholics have higher moral obligations bit either. First of all, look at all the priests who molest children. All they have to do is say a bunch of Hail Mary's, and they still get into heaven. All the gangs and drug lords who commit ruthless acts, and then go to confession. They do however hold a certain superstition about mans purpose on earth, and the pope fills em in. Calling for catholics to do this, do that, the hurricanes were a punishment for your sins, don't vote for this, don't vote for that. The Pope is like an outside political figure of whom catholics hold an oath to.
 
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  • #126
I just heard a report that since her recent injury several Republicans have softened their opposition to her nomination. Apparently, since she broke her ankle, she is now leaning to the right.
 
  • #127
Al68 said:
I just heard a report that since her recent injury several Republicans have softened their opposition to her nomination. Apparently, since she broke her ankle, she is now leaning to the right.
hehehe
broke the wrong ankle?
 
  • #128
BobG said:
That means no more when it comes to Sotomayor than it does when it comes to Joe Biden (pro-abortion Catholic), John Kerry (pro-abortion Catholic), Nancy Pelosi (pro-abortion Catholic), etc.

Actually, Biden is pro-life. He has made a point of that and voted for the late term abortion ban:

http://blogs.abcnews.com/politicalradar/2007/04/biden_makes_no_.html

You have to be careful when making assumptions about pols because they are in one party or another.
 
  • #129
wildman said:
Actually, Biden is pro-life. He has made a point of that and voted for the late term abortion ban:

http://blogs.abcnews.com/politicalradar/2007/04/biden_makes_no_.html

You have to be careful when making assumptions about pols because they are in one party or another.

Actually, if you look at his positions overall, he's slightly pro-choice. (rated 36% by the pro-choice organization NARAL, indicating a mixed voting record on abortion; rated 0% by pro-life organization NRLC, indicating a pro-life voting record.)
Biden said:
My position is that I am personally opposed to abortion, but I don't think I have a right to impose my few on the rest of society. I've thought a lot about it, and my position probably doesn't please anyone. I think the government should stay out completely. I will not vote to overturn the Court's decision. I will not vote to curtail a woman's right to choose abortion. But I will also not vote to use federal funds to fund abortion."

I'll concede that he's probably best described as middle of the road, vs being pro-choice.
 
  • #130
Barry Goldwater said much the same. He said that abortion was not a conservative issue, and that the choice was up to the pregnant woman, not the Pope or some right-wing religious do-gooders.
 
  • #131
Personally I could care less what beliefs she has. I don't care about her religion, I don't care about her racial views, I don't care about her sex, skin color, or political alignment.

She's a proud Latina Woman. Good for her. Whatever. Who cares. Left, Right, Black, White, Woman, Man. I'm so sick of the labels that we apply to ourselves and one another. Will she uphold our constitution? Period. That's all that matters.

This country might not carry the same stench if people stopped marking their territory at every available opportunity.
 
  • #132
turbo-1 said:
Barry Goldwater said much the same. He said that abortion was not a conservative issue, and that the choice was up to the pregnant woman, not the Pope or some right-wing religious do-gooders.
Goldwater was more of a libertarian than a conservative.

As you might guess, I would love to see a Goldwater-like President. His response to being labeled as an extremist by Democrats was: "Extremism in defense of liberty is no vice."

We need politicians like that now.
 
  • #133
BobG said:
Actually, if you look at his positions overall, he's slightly pro-choice. (rated 36% by the pro-choice organization NARAL, indicating a mixed voting record on abortion; rated 0% by pro-life organization NRLC, indicating a pro-life voting record.)
Why would the NRLC give Biden a 0% rating if he voted for the late term abortion ban and against federal funding? Has he supported an infinite number of pro-choice positions that his pro-life positions make up a set of zero measure (in the space of his voting record)? Or does the NRLC use a more complex algorithm for their rating that produces this number?

(That question should be directed at the NRLC rather than at BobG, but since they're not here on PF...)
 
  • #134
a4mula said:
Personally I could care less what beliefs she has. I don't care about her religion, I don't care about her racial views, I don't care about her sex, skin color, or political alignment.

She's a proud Latina Woman. Good for her. Whatever. Who cares. Left, Right, Black, White, Woman, Man. I'm so sick of the labels that we apply to ourselves and one another. Will she uphold our constitution? Period. That's all that matters.
Agreed. So that's why I have a problem with her: she's been pretty clear that upholding the Constitution is not her primary concern.
 
  • #135
russ_watters said:
Agreed. So that's why I have a problem with her: she's been pretty clear that upholding the Constitution is not her primary concern.
I have not heard anything like that from her, Russ, so perhaps we should wait until there are some hearings. Pre-judging her based on statements made as the keynote speaker to a conference that was INTENDED to examine the disparity in the representation of females and minorities on the highest courts (federal district, appeals, etc) is about the only thing her critics have to whack her with. Obama was a professor of constitutional law, and it is highly unlikely IMO that he would nominate a SC justice that didn't have the respect and confidence of constitutional scholars. Why not dial back on the political rhetoric on this issue and let her be questioned (toughly, I expect, by the GOP and Dem blue-dogs) and see what her temperament is? The GOP sound-machine is flailing.

BTW, as Ivan and I have pointed out too many times to count, we were both Republicans until the neo-cons hijacked what used to be a conservative party, and now we are both Independents. The closest thing we have have to '60s conservatives these days are the Libertarians, and they can't generate the lobbyist money that the neo-cons can, and so will never be a viable repulsive force against the Dems absent a popular revolution.
 
  • #136
russ_watters said:
Agreed. So that's why I have a problem with her: she's been pretty clear that upholding the Constitution is not her primary concern.

I missed that statement. Perhaps you can illuminate?

I can appreciate that you may feel that she will not uphold the Constitution the way you want to interpret it, and have it upheld, but I haven't noted any statement of any particular clarity in her opinions, or otherwise, with regards to her saying she has no regard for, nor feels bound by, the Constitution. That would be a rather novel position for a sitting Appeals Court Judge to hold. Impeachable even.
 
  • #137
turbo-1 said:
BTW, as Ivan and I have pointed out too many times to count, we were both Republicans until the neo-cons hijacked what used to be a conservative party, and now we are both Independents. The closest thing we have have to '60s conservatives these days are the Libertarians, and they can't generate the lobbyist money that the neo-cons can, and so will never be a viable repulsive force against the Dems absent a popular revolution.
I get thew feeling that you and Ivan would very much oppose a Libertarian candidate. Obviously when it comes to economic issues, Libertarians make most Republicans look like big government, regulation loving, high taxing, Left wing extremists in comparison.
 
  • #138
It seems Sotamayor is currently violating an anti-discrimination law, by holding a federal judge office while belonging to a group that discriminates its members:

Sotomayor Resigns From All-Women’s Club

WASHINGTON (AP) — Judge Sonia Sotomayor, President Obama’s nominee for the Supreme Court, resigned Friday from an elite women’s club after Republicans questioned her membership.

In a letter to Senators Patrick J. Leahy, Democrat of Vermont, and Jeff Sessions, Republican of Alabama, Judge Sotomayor said she was convinced that the club, the Belizean Grove, did not practice “invidious discrimination” and that her membership in it did not violate judicial ethics.

...

Federal judges are bound by a code that says they should not join any group that discriminates by race, sex, religion or nationality.

http://www.nytimes.com/2009/06/20/us/politics/20grove.html
 
  • #139
BobG said:
Actually, if you look at his positions overall, he's slightly pro-choice. (rated 36% by the pro-choice organization NARAL, indicating a mixed voting record on abortion; rated 0% by pro-life organization NRLC, indicating a pro-life voting record.) I'll concede that he's probably best described as middle of the road, vs being pro-choice.

0% by NRLC?? They don't have an ounce of political sense. Biden went against his leadership and voted FOR the late term abortion ban. I think that NARAL has it right. Mixed voting record but leaning pro-life. No wonder almost no Democrats support NRLC. You go out on a limb for them and they cut it off...
 
  • #140
Gokul43201 said:
Why would the NRLC give Biden a 0% rating if he voted for the late term abortion ban and against federal funding? Has he supported an infinite number of pro-choice positions that his pro-life positions make up a set of zero measure (in the space of his voting record)? Or does the NRLC use a more complex algorithm for their rating that produces this number?

(That question should be directed at the NRLC rather than at BobG, but since they're not here on PF...)

Ah, I should have looked at the years. Evidently, neither tracks the votes by career, but by year (or every 2 years for NRLC). If the years match, the most recent records were 100% for NARAL and 0% for NRLC. For the year Biden was 36% for NARAL, he was 15% by NRCL, since NRCL looked at the next year's vote as well. Looking at how each scores legislators, neither means a whole lot. Scores can go radically up and down since they're only looking at a few votes at a time.
 
  • #141
LowlyPion said:
This optional line of attack was mowed down today by the 7th US Circuit Court of Appeals.

http://www.bloomberg.com/apps/news?pid=20601070&sid=aJqmPBKQmpMw

She's so mainstream that Regan appointees have come to the same conclusion under Law.

As an aside, now comes this fallout from the 7th Court of Appeals gun verdict, that supported Sotomayor's previous ruling.:
WASHINGTON — An Internet radio host known for his incendiary views was arrested Wednesday in North Bergen, N.J., after federal officials charged that his angry postings about a gun case in Chicago amounted to death threats against three judges.
http://www.nytimes.com/2009/06/25/us/25threat.html?ref=us
 
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  • #142
turbo-1 said:
I have not heard anything like that from her, Russ, so perhaps we should wait until there are some hearings. Pre-judging her based on statements made as the keynote speaker to a conference that was INTENDED to examine the disparity in the representation of females and minorities on the highest courts (federal district, appeals, etc) is about the only thing her critics have to whack her with. Obama was a professor of constitutional law, and it is highly unlikely IMO that he would nominate a SC justice that didn't have the respect and confidence of constitutional scholars. Why not dial back on the political rhetoric on this issue and let her be questioned (toughly, I expect, by the GOP and Dem blue-dogs) and see what her temperament is? The GOP sound-machine is flailing.

She is very clearly a racist, sexist, activist, judge who makes a mockery of the Constitution.

BTW, as Ivan and I have pointed out too many times to count, we were both Republicans until the neo-cons hijacked what used to be a conservative party, and now we are both Independents. The closest thing we have have to '60s conservatives these days are the Libertarians, and they can't generate the lobbyist money that the neo-cons can, and so will never be a viable repulsive force against the Dems absent a popular revolution.

60's conservatives ran Barry Goldwater, who ran and lost against that period's Barack Obama, Lyndon B. Johnson. The only real difference between modern "neo-cons" and Reagan and Goldwater conservatives are on government; "compassionate conservatives" believe in bigger government, not in keeping government limited like the Reagan and Goldwater types.

Today's GOP is just a different variant of the Democrats.

No true conservative could ever have voted for Barack Obama.
 
  • #143
WheelsRCool said:
She is very clearly a racist, sexist, activist, judge who makes a mockery of the Constitution.
Would you please offer some substantiation for these claims or retract them?
60's conservatives ran Barry Goldwater, who ran and lost against that period's Barack Obama, Lyndon B. Johnson. The only real difference between modern "neo-cons" and Reagan and Goldwater conservatives are on government; "compassionate conservatives" believe in bigger government, not in keeping government limited like the Reagan and Goldwater types.

Today's GOP is just a different variant of the Democrats.

No true conservative could ever have voted for Barack Obama.
I think you may have missed about 40+ years of perspective. Once, the GOP had actual conservatives. Today, they have been mostly driven out.
 
  • #144
Barry Goldwater said much the same. He said that abortion was not a conservative issue, and that the choice was up to the pregnant woman, not the Pope or some right-wing religious do-gooders.

Being pro-life has little to do with religion, although many religious are pro-life. And whether it is the woman's choice is very debatable, as it is a separate life form inside her body, not her body itself. I always find it odd how the political Left emphasize the government has no right to tell anyone what to do with their body, but then wants to control whether you can smoke, what healthcare you can get, put a tax on this junk food or that junk food, etc...

Strictly legally-speaking, the woman has no right to choose if one is a strict Constructionist because Roe v. Wade was judicial activism. What one "thinks" personally doesn't change the law as it is written.

Being pro-life also deals with the issue of the state determining the intrinsic value of human life, which if not careful can lead to things like the eugenics movement which led to the Holocaust in the 1930s.

Margaret Sanger, the founder of Planned Parenthood and very important person in the history of the abortion movement, was a staunch supporter of eugenics theory.

Would you please offer some substantiation for these claims or retract them?

She made clearly racist statements on the Berkeley campus in 2001.

I think you may have missed about 40+ years of perspective. Once, the GOP had actual conservatives. Today, they have been mostly driven out.

How exactly do you define "conservative?" Furthermore, how is Barack Obama "conservative" and not the complete antithesis of everything a "conservative" stands for?
 
  • #145
WheelsRCool said:
And whether it is the woman's choice is very debatable, as it is a separate life form inside her body, not her body itself.

What's curious to me is why it seems that so many middle aged men seem so stuck on sticking their nose into the debate and want to decide it in the first place, by whatever means, legal or illegal. (e.g. Scott Roeder and Randall Terry as a for instance)

Generally speaking it seems to me that it is seldom the mothers of unexpected pregnancies, or the inadvertent fathers that swell the ranks of protesters eager to intrude in what I'd say is a highly personal decision. (That's not to say that there aren't any.)

Women are the ones with the most skin in the game, so what better choice than securing a woman's perspective on the issue than another woman on the Court, who also happens to be a Catholic?
 
  • #146
LowlyPion said:
What's curious to me is why it seems that so many middle aged men seem so stuck on sticking their nose into the debate and want to decide it in the first place, by whatever means, legal or illegal. (e.g. Scott Roeder and Randall Terry as a for instance)

The problem with the pro-life versus pro-choice issue is it can go both ways. On the one hand, once conception starts, it is human life. That's not religious belief, it's science. Now whether or not it's a person or not is all very debatable, as there is no real way to determine when the embryo turns into a fetus and so forth. But it is human life. It's like a child versus a teenager versus an adult. There are clear differences between each but no one knows exactly when a child turns into a teenager and then when a teen becomes an adult.

No one knows when the embryo becomes a fetus either. And different people have differing opinions. Many believe since it is human life, it is human life, and you do not abort it. But it is not necessarily a human being.

Others believe that it is fine to abort an embryo, but once it becomes a fetus, you do not abort it. And some believe it is okay to abort the fetus too.

Because the pro-choice side can't figure out when the embryo becomes a fetus, they just decide to say the fetus isn't a child until it is born, and then it's a baby. Because otherwise, they'd have to regard all human life, from embryo to fetus to baby, as the same.

The Left tend to brainwash their constituency into thinking all pro-life people are trying to ram religion down people's throats, tha is nothing of the sort. Sure some are, but that's no different than how some on the Left want to ram socialism down people's throats, both sides have bad apples.

The history of the abortion movement is darker than many realize, as it is tied into the eugenics movement.

Many with evil intentions to this day hide behind the abortion "pro-choice" point-of-view who are really eugenicists, or quasi-eugenicist, but can't say it publicly.

This is also why pro-life people are against embryonic stem cell research, or claim it needs to be watched very closely if we pursue it, because it can be a very dangerous road to go down.

Remember, eugenics theory, which started off as a way to engineer more perfect humans, but turned into a huge boondoggle of junk science which claimed that Jews, blacks, etc...anyone who wasn't white essentially, were "feeble-minded" and weakening the gene pool and would kill off the whole human race.

It was supported by all major politicians, celebrities, universities, research institutions, etc...at the time. America led the research at first, although eventually Germany took the lead (you can see where this is going).

This of course led to the Holocaust.

People at the time who dared criticize the movement were lambasted and called idiots and all sorts of harsh language.

The only major institution that stood against the whole idea was the Catholic Church.

Many on the Left love to call Republicans quasi-Nazis, but in fact your Rush Limbaughs, Sean Hannity's, Ann Coulter's, Laura Ingraham's, etc...would have been the very "quacks" at the time calling the whole eugenics movement a crock, saying the State has no right to forcibly sterilize people or say one group is superior or inferior to others, etc...it was the Progressives who were the racists and staunch eugenics proponents in America at the time.

One has to thus be very careful when giving the State the right to determine the intrinsic value of human life and to experiment on it or with it.

As I said, some of the abortion rights movements biggest people, such as Margaret Sanger, were noted eugenics supporters.

Another guy who ran Planned Parenthood during the 1960s also was a eugenicist, although I forget his name (the government was aware of it though I believe).

Being against embryonic stem cell research is not about infringing on science because of wanting to ram religion down people's throats, no more than being pro-choice means being a eugenicist. It is about adherence to science but also morality.

This is not to say that there aren't extremists, on both sides, folks who do want to ram religion down people's throats on the right, and the folks who are eugenicists on the Left who hate humanity (they in particular can be found among the ultra-environmentalist types who worship trees on the Left--extreme environmentalism is essentially to the Left what ultra-self-righteous evagelicals are to the Right).

Women are the ones with the most skin in the game, so what better choice than securing a woman's perspective on the issue than another woman on the Court, who also happens to be a Catholic?

Because no one has any right to bring their "perspective" to the issues when on the Supreme Court. You leave your perspective out of it and just interpret the law as it is written.

Regardless of whether she is a woman or not should mean nothing, nor her religion, nor her upbringing. An appointment to the Supreme Court is for life. It influences the lives of millions of people for decades to come.

Many in the media have made a big deal about the fact that she had to struggle in her career because she came from poverty, as if this should mean anything regarding whether she's qualified for the job.

If you were going to go under the knive of a surgeon, would you care whether the surgeon rose up from poverty or whether they had been born with a silver spoon in their mouth?

NOPE, all you'd care about is whether they are a good surgeon!

Anyone who cannot keep their own personal views out of it has no business being on the Supreme Court. It is outright dangerous to have people on the Supreme Court who will bring their personal views and perspective into making decisions.

The political Left love to spin this and trick their constituency by saying, "But the Constitution is a living document, it has to change with the times, it is not supposed to be rigid, unchanging, and inflexible..." in order to justify their placing of justices on the Supreme Court that have "empathy" and bring their personal views and perspectives to their decisions.

In other words, implying that Constructionists want the Constitution to be rigid and unchanging. This is completely wrong.

The Constitution is very much meant to be a flexible document that changes with the times. But it is NOT supposed to be changed by justices on the Court because they want to interpret the law according to how they feel it should be written, instead of how it actually IS written. The process to change it is via formal amendment, which requires two-thirds of the Congress and three-fourths of the state legislatures.

You might remember how on his appearance on "The View" during the campaign, when John McCain said he wanted to appoint strict Constructionist justices to the Supreme Court, and Whoopie Goldberg said to him, "Do you want me to become a slave?" or something like that.

No, the whole reason to appoint Constructionists to the Court is so that she never could be made into a slave.

A Constructionist interprets the words of the Constitution in their strict, ordinary, and regular meaning, and this includes all amendments (remember the Founders themselves would not sign the Constitution without the first ten amendments, which became known as the Bill of Rights). They do not read into the words of the Constitution and try to amend it via judicial interpretation. Amendment, under the Constitution, is the role of the legislative branch of the government. Not the judiciary.

If you find that the Founders got something wrong, or flat-out forgot something in the Constitution, or in the case of slavery, messed it up in the first place, the process to change it is via formal amendment, NOT judicial activism.

If slavery had been overturned by the Supreme Court, then whether or not blacks could be made into slaves again would literally reside with five justices on the Court instead of with two-thirds of the Congress and three-fourths of the state legislatures.

And since it's seen by many as an EXTRAconstitutional practice, many refuse to respect such judicial "amendments" no matter how just their cause. The weakness of judicial fiat is that it never really gets set in stone and it always LACKS a real sense of legitimacy.

But because the Constitution was formally amended, with the 13th Amendment, under ANY reading of the Constitution, slavery is illegal. It is set in stone.

But getting a formal amendment can take years, or even decades, and thus the pro-choice movement decided to take it to the Supreme Court to try to get them to secure a woman's "right to choose."

Because Roe v. Wade was blatant judicial activism, whether or not a woman's right to choose (if you're a pro-choice person) can be overturned rests with five on the Court, rather than with two-thirds of the Congress and three-fourths of the state legislatures.

This thus always has the pro-choice side panicked that a Republican President will appoint Constructionists to the Court, as Constructionists could overturn Roe. v. Wade.

Now, let's pretend that the pro-choice movement was to succeed in getting a formal amendment to the Constitution, saying that a woman has a right to choose.

In this instance, it behooves every pro-choice person to have strict constructionist justices on the Court, who will interpret the law as it is written, rather than how they "think" it should be written.

In such an instance, would you want a Republican President saying he would assign a judge to the Court who would bring her "life experience" to her decision-making, who would bring "empathy" to her decisions?

If a formal amendment says a woman has a right to choose, do you want a justice who will have empathy for the embryo and/or fetus in such a decision, who could then infringe on what you see as a woman's right to choose?

Because such court cases would eventually result. You'd just see the opposite of what we see with the Second Amendment. The Left say, "Well, the Constitution may say citizens have a right to bear arms, but we can create 'responsible gun control laws and regulations.'" This of course results in clashes between the right and left and there have been multiple Supreme Court decisions on the Second Amendment.

Well if it was the reverse, and it was Republican legislators saying, "The Constitution may say a woman has a right to choose, but we can create 'responsible abortion control laws and regulations,' " WELL IN THIS INSTANCE, the pro-choicers will want Constructionists.

Would you want, as a pro-choice person, a Republican President appointing say a Sarah Palin to the Supreme Court, saying, "She will bring her perspective from being a woman and a mom, and bring empathy to the Court..."?

NO, you'd want someone who would just interpret the law as it is written, their personal views aside, regardless of if it was a Sarah Palin or not.

In such an instance, if you are a pro-life justice, YOU KEEP YOUR PRO-LIFE VIEWS OUT OF IT. If you don't like that the Constitution has an amendment saying a woman has a right to choose, TOO BAD, you interpret the law as it is written. If you want to MAKE law, then you should be in Congress.

Justice Oliver Wendell Holmes said that he "loathed" many of the people in whose favor he voted on the Supreme Court. This is because he had the integrity to put aside his personal views and just interpret the law as it was written, not as he felt it should be written.

The Left love to claim George W. Bush made a mockery of the Constitution, but they have no problem bending it and/or essentially re-writing it when they don't like it themselves.

So from a strict LEGAL standpoint, a woman really has no "right to choose" right now, that is if the justices in Roe v. Wade had been Constructionists. The Constitution is the supreme law of the land. If you want to change it, that's for the legislature.

But since they essentially made law from the bench, they decided a woman does have a right to choose.

And this is why judicial activism is so incredibly dangerous. Because it:

1) Let's the Judicial, people with LIFETIME APPOINTMENTS, legislate from the bench essentially, and

2) If their legislation is morally just, it is NOT SET IN STONE, WHICH MEANS IN THE FUTURE OTHERS ON THE COURT COULD OVERTURN IT.

President Barack Obama knows all this. He is a graduate of Harvard Law School and is a CONSTITUTIONAL LAW PROFESSOR.

The ONLY reason he wants justices with "empathy" on the court is because he is an ideologue. And he wants people with his similar ideology on the Supreme Court who will re-write the law according to this ideology, instead of putting their ideology aside and just interpret the law as is.

He is also a man with very sharp, almost pro-abortion (as opposed to just pro-choice) views who wants to undo every law making restrictions on abortion that have been made since Roe v. Wade.

Justice Sonia Sotomayer in a video was saying, "I know we're not supposed to 'legislate from the bench,' " and the whole room chuckles, essentially making a mockery of the Constitution and the judiciary.

She made clearly racist comments on the Berkeley campus in 2001.

And she just recently voted to dismiss the appeal of those white firefighters who were denied their promotions because they passed an exam that too many other minorities did not pass, thus failing to create "diversity."

She has absolutely no business being put onto the Supreme Court.
 
  • #147
WheelsRCool said:
The problem with the pro-life versus pro-choice issue is it can go both ways.

Since as you say it can go both ways, I'd say then it's a matter of choice for the person involved and not middle aged white men to impose that choice on them, as though they were required to wear the chador by those middle aged clerics in Iran.

And she just recently voted to dismiss the appeal of those white firefighters who were denied their promotions because they passed an exam that too many other minorities did not pass, thus failing to create "diversity."

I'd say this opinion of yours shows a profound misunderstanding of the issues involved with the Hartford case. Maybe you should seek other authorities than Pat Buchannan on the issue? It's interesting to me how there is a cry for her not to be an activist, and not read more into the Law than would be there, and then from the same throats come the squeals about her reading the Law as written.
 
  • #148
LowlyPion said:
Since as you say it can go both ways, I'd say then it's a matter of choice for the person involved and not middle aged white men to impose that choice on them, as though they were required to wear the chador by those middle aged clerics in Iran.

It is an issue about life. One cannot just conclude that since it can go both ways, that it is solely a matter of choice for the person carrying the child.

I'd say this opinion of yours shows a profound misunderstanding of the issues involved with the Hartford case. Maybe you should seek other authorities than Pat Buchannan on the issue?

Her decision disturbed her fellow judges. Justice Jose Cabranes, a fellow Clinton appointee, criticized her decision for ignoring the Constitutional issues at stake. The Supreme Court itself feels the issue is worth hearing at least. It is likely that the Supreme Court will overturn her panel's ruling on this, only then for Sotomayor herself to appointed to this very Supreme Court.

As for her experiences, empathy, etc...that is fine for private life and legislation, NOT for the Supreme Court. A Supreme Court justice is supposed to be blind to such things, as everyone must stand equally before the law. SC justices are not supposed to favor one group over another because of their status as disadvantaged, poor, black, white, rich, whatever.

The very oath itself that she must take if appointed is:

"I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich...So help me God."

President Obama, the alleged Constitutional scholar, and Judge Sotomayor, are apparently unaware that things like empathy have no business being on the Court. Which I do not believe for one minute. He is just an ideologue and so is she.

And so much for transcending race, President Obama has gone and chosen a woman who seems to be race-obsessed to the point that it governs her judicial philosophy, at least looking at her statements and published views.

And BTW I don't read or listen to Pat Buchanan.

It's interesting to me how there is a cry for her not to be an activist, and not read more into the Law than would be there, and then from the same throats come the squeals about her reading the Law as written.

Her panel's dismissal of the issue was done in a perfunctory and unpublished manner. She sure doesn't interpret the law as written regarding the 2nd Amendment.
 
  • #149
WheelsRCool said:
It is an issue about life. One cannot just conclude that since it can go both ways, that it is solely a matter of choice for the person carrying the child.

Certainly it is the choice of the mother. It's preposterous to impose otherwise. It is no more the obligation of the mother to bear an insemination, accidental or otherwise, if it is unwanted, than it is to suffer a debilitating disease without medication or recourse to other treatment. After all bacteria and viruses are life too.

At some point though I think we can all agree that there is a line well after the first trimester that requires a greater burden of social responsibility, and for my money, I think as it is embodied in current Law, there is a pretty compelling and practical processes available - the Randall Terry nut jobs notwithstanding. Now if you want to support a world view for yourself that defines life in your terms as some point before the Federal standard, I'd say that's your certainly your choice to act on for your own conscience, and if you get pregnant, then of course I would support your right to have the baby.

Remember that a fundamental principle of the drafting of the Constitution was to establish a system that protects the many from the tyranny of the few, while at the same time protecting the few from the tyranny of the many. A tricky balance at best, but one that I think the Founders did a pretty good job of.

She sure doesn't interpret the law as written regarding the 2nd Amendment.

Don't look now but as regards her decision on the 2nd Amendment case, it has been affirmed in the 7th District Appeals Court by Regan appointees independently, of the case that was before Sotomayor. Game. Set. Match ... for gun lovers.
 
  • #150
LowlyPion said:
Certainly it is the choice of the mother. It's preposterous to impose otherwise.

One could say it is preposterous to say the mother has a right to kill it as well. It depends.

It is no more the obligation of the mother to bear an insemination, accidental or otherwise, if it is unwanted, than it is to suffer a debilitating disease without medication or recourse to other treatment. After all bacteria and viruses are life too.

Yes, but not human life. We do not give other forms of life the rights we give to human life. I mean we raise cattle to eat them. It would be impossible to take the view that "every life has a right to live," as all forms of life infringe to some extent on other life forms. If you get a disease, you have every right to kill it.

And you can abort the embryo or fetus if it will otherwise kill you.

At some point though I think we can all agree that there is a line well after the first trimester that requires a greater burden of social responsibility, and for my money, I think as it is embodied in current Law, there is a pretty compelling and practical processes available - the Randall Terry nut jobs notwithstanding. Now if you want to support a world view for yourself that defines life in your terms as some point before the Federal standard, I'd say that's your certainly your choice to act on for your own conscience, and if you get pregnant, then of course I would support your right to have the baby.

Remember that a fundamental principle of the drafting of the Constitution was to establish a system that protects the many from the tyranny of the few, while at the same time protecting the few from the tyranny of the many. A tricky balance at best, but one that I think the Founders did a pretty good job of.

True; but there is nothing in the Constitution that supports abortion. Even certain feminists who are pro-choice have concluded that Roe v. Wade was a lousy decision, precisely because it isn't solid and doesn't secure what they see as the woman's right to choose.

Don't look now but as regards her decision on the 2nd Amendment case, it has been affirmed in the 7th District Appeals Court by Regan appointees independently, of the case that was before Sotomayor. Game. Set. Match ... for gun lovers.

Sotomayor believes that the Second Amendment is a state's right. So it would be okay then if the states wanted to deny people 1st, 4th, and/or 5th Amendment rights based on their interpretation of them?

The Bill of Rights to the Constitution guarantees inalienable rights to all Americans. States should only be able to restrict things not guaranteed by the Constitution. A SC justice who thinks that states should be able to deny any Constitutional rights that they choose to does not, IMHO, understand the Constitution or the intent of the authors.

And Ford, Reagan, and Bush I all appointed Leftist justices to the Supreme Court.
 

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