By Lindsey Ellerson

May 28, 2009 5:43pm

Full Context #2: The Full Video of Sotomayor’s 2005 Duke Appearance

As has been part of the debate surrounding President Obama’s Supreme Court nominee Judge Sonia Sotomayor, in 2005 she took part in a panel discussion at the Duke University Law School, where she said the "Court of Appeals is where policy is made." 

White House press secretary Robert Gibbs today took issue with the small snippet of her remarks being taken out of context.  “Whoever posted that clip posted however many seconds — six, eight, 10, I don’t know the exact number — but they didn’t post the full clip and there’s no context.”

Thanks to our friends at C-SPAN, here is the entire discussion.

Watch the statement only here.

Earlier this week we provided the full context of Sotomayor’s controversial remarks from 2001 when she said “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.”

-jpt

User Comments

This “full context” rationalizing is little more than a full frontal assault on common sense. Whenever the left finds itself between a rock and a hard place, it drags out the venerable “context” defense. And when it gets really uncomfortable, we are treated to a torturous examination of two letter words, as in “it all depends on what you mean by ‘is’”.

Posted by: jcarob | May 28, 2009, 6:10 pm 6:10 pm

sort of like the context of Rush saying, ‘I hope he fails’. we know how concerned the left was with context in that case!

Posted by: kvnmnnng | May 28, 2009, 6:14 pm 6:14 pm

None of this matters to conservatives ready to use anything to destroy Sotomayor.

Posted by: matt | May 28, 2009, 6:29 pm 6:29 pm

‘context of Rush’
kvnmnnng
the only ‘context’ Rush has is to keep his job as an entertainer, ranting over the airwaves and making the extreme right wing even more paranoid than they currently are.
the positive thing is that it’s not working..

Posted by: Dewde | May 28, 2009, 6:31 pm 6:31 pm

Well, there’s 37 minutes of my life I’ll never have back. There was no additional context that changes the meaning of what she said in any way from the short snippet we’ve already heard.
I’m beginning to think this White House thinks we’re all like members of congress….you know….not really the legislation before voting on it. They should realize people are going to read their Stimulus Booklet and call them out on their exaggerations. They should realize people are going to watch this video and then say to themselves, “WTH? That didn’t change anything.” Nothing but spin.

Posted by: jennifert7 | May 28, 2009, 6:50 pm 6:50 pm

sort of like the context of Rush saying, ‘I hope he fails’.
Limbaugh told his listeners that he was asked by “a major American print publication” to offer a 400-word statement explaining his “hope for the Obama presidency.” He responded:
So I’m thinking of replying to the guy, “Okay, I’ll send you a response, but I don’t need 400 words, I need four: I hope he fails.”

Posted by: Ryan C | May 28, 2009, 7:02 pm 7:02 pm

If someone is has an agenda you disagree with, of course you hope they fail. Is fail to harsh? What about I hope he is unsuccessful?

Posted by: andylancaster | May 28, 2009, 7:11 pm 7:11 pm

Well, isn’t Sen Burris also looking at empathetic “context” in his phone call to Blago’s brother?
But seriously, what is she saying after her faux denial of judges “don’t make law, don’t make policy”. She saying that appeals level judges are not just focusing on the facts of the case, but on the “trend”, on precedent, etc.
Think about this. It actually goes against the other motif of empathy. Doesn’t the “fact pattern” of each case argue for deciding on particulars of “fairness” instead of an impersonal “policy” precedent. Hmm?
Empathy on the mass scale is contradictory to common sense value of “mercy” and “justice”.
But back to NOT making policy and law, and just doing interpretation – it seems it would be appropriate to appellate court like the ultimate court of appeal she is line for, to “synchronize” the cases to eliminate contradictory interpretation of what’s in the appellate jurisdiction, with an eye to also being “synchronized” to that above and to observe precedent, stare decisis UNLESS something new has arisen.
Exactly what is she referring to as interpretation “perculating” – is troubling and vague?!

Posted by: robertb | May 28, 2009, 7:31 pm 7:31 pm

Well, why still is nobody bringing up the fact that Justice Alito said his families immigration affects his decisions in immigration cases and Justice Scalia said himself laws are made on the bench. Sotomayor said ” I am reminded each day that I render decisions that affect people concretely and that I owe them constant and complete vigilance in checking my assumptions, presumptions and perspectives and ensuring that to the extent that my limited abilities and capabilities permit me, that I reevaluate them and change as circumstances and cases before me requires.” What more can you ask of a judge in the highest court in the land.

Posted by: Try the truth | May 28, 2009, 7:50 pm 7:50 pm

On the subject of empathy “I have followed this man’s career for some time,” said President George H.W. Bush of Clarence Thomas in July 1991. “He is a delightful and warm, intelligent person who has great empathy and a wonderful sense of humor.” Enough said!

Posted by: Try the truth | May 28, 2009, 7:53 pm 7:53 pm

Describing one as having empathy as a personal characteristic is not the same as saying you are seeking someone who will use it when making Supreme Court decisions.

Posted by: jennifert7 | May 28, 2009, 8:00 pm 8:00 pm

Truthy…
What did he say about David Souter? GHWB made some great ideological picks, don’t you think? What you get when you look at people through the prism of compassionate conservatism. He’d have done better if he threw darts…blindfolded.

Posted by: jcarob | May 28, 2009, 9:34 pm 9:34 pm

Did Justice Alito say he hoped his life experiences would mean he would make better decisions than say, a white woman, or latino woman?

Posted by: jennifert7 | May 28, 2009, 10:00 pm 10:00 pm

There was no additional context that changes the meaning of what she said in any way from the short snippet we’ve already heard.
jennifert7
that’s very sad that you don’t understand what she said.

Posted by: Oh Yeah | May 28, 2009, 10:54 pm 10:54 pm

Jennifer7 – No and neither did Sotomayor.
Don’t forget that “wise” men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society.

Posted by: Padma | May 28, 2009, 11:00 pm 11:00 pm

jennifert7:”Describing one as having empathy as a personal characteristic is not the same as saying you are seeking someone who will use it when making Supreme Court decisions.”
Please provide the ACTUAL QUOTE where Obama said he wanted a justice who would use empathy ‘when making Supreme Court decisions.’ Obama is indeed a liberal, so I’m not sure why you have to fabricate reasons to hate him – why can’t you stick to reality rather than consistently exaggerating?

Posted by: jhw539 | May 29, 2009, 7:16 am 7:16 am

“I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a casebook; it is also about how our laws affect the daily realities of people’s lives, whether they can make a living and care for their families, whether they feel safe in their homes and welcome in their own nation,” Obama said. “I view that quality of empathy, of understanding and identifying with people’s hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes.”

Posted by: jennifert7 | May 29, 2009, 7:43 am 7:43 am

Oh, and jhw539, if exaggerations bother you, I suggest you stay away from Obama’s “100 Days, 100 Projects” booklet. It may just put you over the edge.

Posted by: jennifert7 | May 29, 2009, 8:03 am 8:03 am

jennifert7: So both Obama and Bush thought empathy a positive trait to the same degree, yet you only condemn Obama for it. How surprising. And what about Alito, whose immigrant status admittedly impacts his judging?
“when a case comes before me involving, let’s say, someone who is an immigrant — and we get an awful lot of immigration cases and naturalization cases — I can’t help but think of my own ancestors, because it wasn’t that long ago when they were in that position.”

Posted by: jhw539 | May 29, 2009, 8:38 am 8:38 am

Your straw man arguments are tiresome.

Posted by: jennifert7 | May 29, 2009, 8:52 am 8:52 am

jennifert7:”Your straw man arguments are tiresome. ”
Wow, what a rebuttal to my factual and cited response.

Posted by: jhw539 | May 29, 2009, 9:15 am 9:15 am

100 and 100 v. Sotomayor controversy:
The thing they have in common, both will be business as usual within a couple of months… just like the ‘historic EuroVacation’ that we will just never stop talking about.

Posted by: DontGet818OnMeNow | May 29, 2009, 10:00 am 10:00 am

The ‘concern’ about Judge Sotomayor is weak and blown out of proportion, and this will become perfectly clear when she is confirmed by the Congress, despite the hand wringing of people here with their own political agenda.
The trouble is – when your cry ‘wolf’ over everything President Obama does . .. the political agenda shows through and the words become noise.

Posted by: danita | May 29, 2009, 2:45 pm 2:45 pm

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