The Raw Politics of the First Latina Supreme Court Nominee
Except in the vaguest terms making a nod to the “historic” nature of Judge Sonia Sotomayor’s nomination, the White House won’t touch the issue of her race in terms of how being the first Latina Supreme Court nominee will affect her confirmation chances.
“I’m not going to get into the politics and the demographics of it,” White House press secretary Robert Gibbs said today when asked about the potential racial politics. “I think we would expect that anybody in the Senate and anybody in the public, honestly, would evaluate her on the strength of her credentials rather than on any other factor.”
But the racial politics are there and unmistakable.
One Democrat said to ABC News that in a dark way he was “longing for a prolonged confirmation hearing” with Sen. Jeff Sessions, R-Ala. — a conservative white male Southerner — leading the inquisition.
And in terms of pure optics – forgoing the merits of the Sotomayor nomination – that is something that Republicans are more than aware of, and sensitive about.
Republicans in Washington, DC, say – off the record – that they don’t want to alienate Hispanic voters any more than occurred during the immigration reform debate, and this nomination puts them in a bind that another nominee with the same exact record would not.
-jpt
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It’s a shame.
Are white males the only people who can be criticized on their merits, and not representative of a larger group?
Obama went against Alito and Roberts just because he wanted to. Nobody started up the meme that Obama was racist against white people. Obama and Reid have both been critical- without specifics- of Justice Thomas. Racist?
The WH releasing a slide show of Sotomayer’s baby pictures show they want to go BIG on biography.
Nobody should hold any Senator to a higher standard than Obama held himself in his prior SCOTUS actions.
Posted by: MayBee | May 26, 2009, 6:57 pm 6:57 pm
Seriously, it should be the nominee under scrutiny for her racial politics.
Posted by: chris | May 26, 2009, 7:08 pm 7:08 pm
The right wing is all too aware of their situation which is why they are trying to preempt any talk of racism being cast their way by calling the nominee racist.
While I realize that may not be a winning tactic, it seems to be the one in vogue.
Posted by: Ryan C | May 26, 2009, 7:17 pm 7:17 pm
I would hope that a wise white man with the richness of his experiences would more often than not reach a better conclusion than a Latina woman who hasn’t lived that life.
Racist, no?
Rearrange the words and see if you think she is a racist.
Posted by: bill-tb | May 26, 2009, 7:17 pm 7:17 pm
If we started eliminating non-qualified white males in grand-fathered positions and the choices for fishing buddies in exchange for employment, we would reveal something very strange: there are dumb whites and dumb minorities and the best man for the job would no longer be an issue.
Next time one opens their mouth to talk about qualifications and reverse discrimination, they better consider the millennium of displacement of minorities and how they have managed despite those irrefutable holocaust crimes against humanity to arrive where they are today.
Unless you are willing and able to repeat the reverse of these atrocities as they were then and are today, you need to thank god they did not decide to use the gun power for the self proclaimed superiority like you did.
Put your scavenging minds to some real humanitarian use and you will not have to envision any racial nightmares.
Posted by: Prosper Dupin Etienne | May 26, 2009, 7:21 pm 7:21 pm
Now the white people are calling President Obama racist!!!
The Supreme Court should reflect America’s changing diversity!!
I applaud President Obama pick of Judge Sonia Sotomayor to the highest court!!!
Don’t hate because she is a BEAUTIFUL,EDUCATED, INTELLIGENT, MINORITY!!!!
LOL!!!!
Posted by: sisterdearest09 | May 26, 2009, 7:26 pm 7:26 pm
@MayBee: 1) Anyone who uses the word “meme” is a tool, and 2) Obama wasn’t a senator when Justice Thomas was confirmed. Are you for real?
Posted by: Karen | May 26, 2009, 7:38 pm 7:38 pm
If a white person said what she said they would have some explaining to do. I look forward to hearing her explaining!
Posted by: jan | May 26, 2009, 7:38 pm 7:38 pm
“If a white person said what she said they would have some explaining to do.”
The aggrieved white man….you guys tried this 1994 remix with Joe the Imposter six months ago and it failed miserably.
Posted by: Ryan C | May 26, 2009, 7:45 pm 7:45 pm
It’s to bad she is not qualified for this position. Well, except for the fact that she’s hispanic.
Posted by: PatR | May 26, 2009, 7:57 pm 7:57 pm
ALL you REPUBS crying and moaning over this
This is how our government works its written in everything you use to site against her: THE CONSTITUTION. The president gets to nominate whom he sees fit and then congress goes through the process of examining and nominating her to the Supreme Court.
Obama is the democratically elected president winning a majority of this nation’s votes, therefore Sotomayor’s nomination is within the grounds of the constitution.
What you dont like the constitution? Then LEAVE!
Posted by: GET OUT | May 26, 2009, 8:01 pm 8:01 pm
In the words of that great American sage, Jabba Limbaugh, “Cry Havoc!. Let loose the Wingnut Lemmings of war.” Seriously, did this guy recently put on a lot of weight or is my t.v. horizontal hold failing?
Posted by: B. Bear | May 26, 2009, 8:10 pm 8:10 pm
The Supreme Court should reflect America’s changing diversity!!
Why is that? We should just put people on the Court no matter how unqualified they are simply for the sake of diversity?
Why are there not more blind pilots?
Why are white males under-represented in the NBA? It doesn’t reflect America at all!
Posted by: drjohn | May 26, 2009, 8:16 pm 8:16 pm
Sotomayor has 14 years on the bench including 11 on the Appeals Court. We have to wait on her ABA ratings.
Thomas had a single year on the Appeals Court and had his ABA ratings split between qualified and not qualified.
Posted by: Ryan C | May 26, 2009, 8:22 pm 8:22 pm
“Why is that? We should just put people on the Court no matter how unqualified they are simply for the sake of diversity?”
Clarence Thomas had a single year on the Appeals Court and had his ABA ratings split between qualified and not qualified.
Why was he appointed to the bench?
Was his skin color a factor?
Posted by: Ryan C | May 26, 2009, 8:29 pm 8:29 pm
Posted by: Ryan C | May 26, 2009 8:23:19 PM
Time for bed, Ryan. If you cannot discuss this like an adult, go away.
Posted by: drjohn | May 26, 2009, 8:31 pm 8:31 pm
“I was not aware the NBA was part of our system of government.”
What does that have to do with anything? Diversity is diversity.
Ever heard the Rooney Rule, you twit?
Posted by: drjohn | May 26, 2009, 8:34 pm 8:34 pm
“Time for bed, Ryan. If you cannot discuss this like an adult, go away.”
drjohn if you’re involved in the conversation discussing it like an adult really doesn’t work.
You do best with hand holding whether the right wing media’s or people commenting here.
Posted by: Ryan C | May 26, 2009, 8:34 pm 8:34 pm
“Sotomayor has 14 years on the bench including 11 on the Appeals Court.”
Yes she does. She thinks that the Appeals Court is where policy is made- not in the legislature- and that she is superior to white men.
Her own words.
Posted by: drjohn | May 26, 2009, 8:36 pm 8:36 pm
The aggrieved white man
You throw personal invective around like so much confetti.
Posted by: drjohn | May 26, 2009, 8:38 pm 8:38 pm
“Ever heard the Rooney Rule, you twit?”
Sure, as part of the NFL.
Posted by: Ryan C | May 26, 2009, 8:40 pm 8:40 pm
“She thinks that the Appeals Court is where policy is made- not in the legislature- and that she is superior to white men.”
ROFLMAO!
drjohn is furious that a damned latino woman would dare state she was better than a white man!
Posted by: Ryan C | May 26, 2009, 8:42 pm 8:42 pm
The Ashley Todd hoax spreader comes out from under his rock to utter the she;s a racist meme!
Shocking!
Posted by: Ryan C | May 26, 2009, 8:46 pm 8:46 pm
“Sotomayor graduated as valedictorian of her class at Blessed Sacrament and at Cardinal Spellman High School in New York. She won a scholarship to Princeton where she continued to excel, graduating summa cum laude and Phi Beta Kappa. She was a co-recipient of the M. Taylor Pyne Prize, the highest honor Princeton awards to an undergraduate. At Yale Law School, Judge Sotomayor served as an editor of the Yale Law Journal and as managing editor of the Yale Studies in World Public Order.”
Posted by: danita | May 26, 2009, 8:46 pm 8:46 pm
“Why are white males under-represented in the NBA? It doesn’t reflect America at all!”
Rather than the NBA why isn’t the Supreme Court today more analogous to major league baseball where equally qualified minority players had to work their way in.
Posted by: Skip | May 26, 2009, 8:47 pm 8:47 pm
drjohn wrote:
Why is that? We should just put people on the Court no matter how unqualified they are simply for the sake of diversity?
Why are there not more blind pilots?
========================================
Nope!
I have news for you! Sotomayor`s qualification is unquestionable. Infact she is more qualified than all the other justices on the supreme court at the time they were appointed.
Her race has become an issue because she is the first to ever hold that position. Get some new talking points.
Posted by: Brian | May 26, 2009, 8:49 pm 8:49 pm
“She didn’t state she was better. She clearly stated that all latino women were better than all white males.”
In her speech, Judge Sotomayor questioned the famous notion — often invoked by Justice Ruth Bader Ginsburg and her retired Supreme Court colleague, Sandra Day O’Connor — that a wise old man and a wise old woman would reach the same conclusion when deciding cases.
“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,” said Judge Sotomayor,
The “racism” is as plain as the backwards B on your face.
Posted by: Ryan C | May 26, 2009, 8:50 pm 8:50 pm
“Get some new talking points.”
Racism and mock outrage are all they have left.
Posted by: Ryan C | May 26, 2009, 8:51 pm 8:51 pm
How sad to see the fabrication of quotes and the grasping at straws being used in an attempt to smear this very accomplished woman.
And the same people day in and day out with the same personal agenda to smear the President and all that he does.
Anyone who sees what you’re doing knows exactly what you’re doing.
Posted by: danita | May 26, 2009, 8:53 pm 8:53 pm
“Infact she is more qualified than all the other justices on the supreme court at the time they were appointed.”
From the Almanac of the Federal Judiciary:
“She is smart. She is not as intellectual as some.” “It is fair to say she has done better than many people predicted. I’d say she is in the bottom of this court –but, the competition is pretty stiff.” “She is one of the few civil rights lawyers to be appointed to the court. Sometimes I think she is at war with herself. In her heart I think she still thinks from the bottom up.
When you argue before her you have the sense that she is waiting for you to give her a reason to win. If you don’t give it, she will rule against you.” “I am not too impressed with her. She is bright, but doesn’t always get the facts.”
“Her opinions are O.K, by and large.” “She writes very clear and careful prose in her opinions.” “Her writing is good.” “Her opinions are generally well-reasoned and well-argued.” “She writes well.” “She is a very good writer.” “Her writing is not distinguished, but is perfectly competent.”
“She is a terror on the bench.” “She is very outspoken.” “She can be difficult.” “She is temperamental and excitable. She seems angry.” “She is overly aggressive –not very judicial. She does not have a very good temperament.” “She abuses lawyers.” “She really lacks judicial temperament. She behaves in an out of control manner. She makes inappropriate outbursts.” “She is nasty to lawyers. She doesn’t understand their role in the system –as adversaries who have to argue one side or the other. She will attack lawyers for making an argument she does not like.”
Now Ryan can post what was said about Alito
Posted by: drjohn | May 26, 2009, 8:57 pm 8:57 pm
“I think that the only reason Clarence Thomas is on the Court is because he is black. I don’t believe he could have won had he been white. And the reason is, I think it was a cynical ploy by President Bush.” – Joe Biden”
Good, right?
Clarence Thomas had a little more than 1 year on the bench, had never argued in front of the SC (in lieu of bench experience) and has ratings between qualified and not qualified by the ABA.
Now compare that with Sotomayor who has 14 years on the Fed bench including 11 at the Appellate level. We’ll have to wait to see her ABA ratings.
Biden would appear to be quite correct.
Posted by: Ryan C | May 26, 2009, 8:58 pm 8:58 pm
“Known as a moderate on the court, Sotomayor often forges consensus and agreeing with her more conservative nominees far more frequently than she disagrees with them. In cases where Sotomayor and at least one judge appointed by a Republican president were on the three-judge panel, Sotomayor and the Republican appointee(s) agreed on the outcome 95% of the time.”
Posted by: danita | May 26, 2009, 9:04 pm 9:04 pm
Now Nina Totenberg can investigate Judge Sonia Sotomayor’s sex life, much like she did Justice Clarence Thomas. The AP says she hosts parties at her home and serves up alcohol to her liberal ACORN-like friends.
Posted by: Colonel Rebel | May 26, 2009, 9:07 pm 9:07 pm
“If confirmed for the Supreme Court, Judge Sotomayor would bring more federal judicial experience to the Supreme Court than any justice in 100 years, and more overall judicial experience than anyone confirmed for the Court in the past 70 years. …”
Posted by: danita | May 26, 2009, 9:08 pm 9:08 pm
Concerned in Ohio,
Sotomayor is more qualified than any SC justice currently on the bench at the time of their appointment. Had she not been hispanic, she`d already be in the Supreme court by now.
Her qualification is first before her race. We are all talking about her race because she is the first.
Posted by: Brian | May 26, 2009, 9:09 pm 9:09 pm
“From the Almanac of the Federal Judiciary:”
drjohn’s selective quotes from the Lawyers eval are quite amusing.
Posted by: Ryan C | May 26, 2009, 9:14 pm 9:14 pm
“If confirmed for the Supreme Court, Judge Sotomayor would bring more federal judicial experience to the Supreme Court than any justice in 100 years, and more overall judicial experience than anyone confirmed for the Court in the past 70 years. …”
Quoted because it is accurate. Prove otherwise.
Posted by: danita | May 26, 2009, 9:15 pm 9:15 pm
“Her qualification is first before her race. We are all talking about her race because she is the first.”
Well said.
Posted by: Ryan C | May 26, 2009, 9:17 pm 9:17 pm
“It’s like some email auto-responder they got. No matter what it is, if you criticize, disagree with, or oppose, any member of their specially allocated identity groups, you are auto-racist.”
Concerned in OH,
You continued to spread the ugly Ashley Todd racial attack hoax long even after she was arrested.
People call you a racist because you are one.
Posted by: Ryan C | May 26, 2009, 9:18 pm 9:18 pm
Well I suppose it gives ‘Concerned in OH’ and ‘drjohn’ something to do with their time.
I notice they’re here every day with their own personal agenda to smear the President.
Anyone who sees what they’re doing, knows exactly what they’re doing.
Oh they were the ones involved in spreading that Ashley Todd nonsense . . . figures.
Posted by: danita | May 26, 2009, 9:20 pm 9:20 pm
“Oh they were the ones involved in spreading that Ashley Todd nonsense . . . figures.”
In fairness, drjohn was not around then.
He has his own brand of bs.
Posted by: Ryan C | May 26, 2009, 9:21 pm 9:21 pm
“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.”
In other words: ‘Someone who has more actual experience would reach better conclusions than someone who doesn’t regardless of race or gender’. I don’t see this statement as being racist.
Posted by: Skip | May 26, 2009, 9:22 pm 9:22 pm
She seems very qualified, which is not to say I think she’s perfect or I necessarily agree with her.
I just can’t stand the idea that criticism of an individual could be viewed as racism against a group.
I also think Senator Obama wants a different standard applied to his nominee than he applied to previous nominees.
And I want people to recognize that, especially when he holds himself out as a seeker of common ground.
Posted by: MayBee | May 26, 2009, 9:23 pm 9:23 pm
Yes, you got that right MayBee . .. she’s very qualified and is being attacked by some people for being chosen because she is a woman and is not white.
Posted by: danita | May 26, 2009, 9:26 pm 9:26 pm
“I just can’t stand the idea that criticism of an individual could be viewed as racism against a group.”
Its not maybee.
The problem the right has on its hands are that its racists have access to microphones.
People like Rush, Beck and Savage are going to have their own agendas and that’s ratings.
Posted by: Ryan C | May 26, 2009, 9:27 pm 9:27 pm
drjohn – the ole Almanac of the Federal Judiciary, huh?
“Finally, critics will characterize her as gruff and impersonable, relying on excerpts from oral arguments and anonymous criticisms in the Almanac of the Federal Judiciary. Judge Sotomayor’s personal remarks will resolve this question for the public, to the extent it cares at all. But there isn’t any reason to believe that she is anything other than a tough questioner. My impression from her questioning at oral arguments is that it is similar to the Chief Justice, Justice Scalia, and (in cases in which he was particularly engaged) Justice Souter.” (Goldstein-SCOTUSblog)
Posted by: Padma | May 26, 2009, 9:30 pm 9:30 pm
Ryan C-
What do you think the last three paragraphs of Jake’s post mean?
They have nothing to do with Limbaugh or Beck.
Posted by: MayBee | May 26, 2009, 10:04 pm 10:04 pm
Can you imagine the uproar if a conservative justice had been touted as having empathy? Empathy. Just what we all need in a SC justice. Forget the rule of law, tell us how you feel.
Posted by: Axey | May 26, 2009, 10:14 pm 10:14 pm
MayBee the last three paragraphs seem to be about the Republicans worrying about their own necks and losing even more voters – and its pretty skimpy stuff – he cites “Republicans” – who aren’t willing to put their name on record – and in a very vague way “one Democrat”.
Posted by: danita | May 26, 2009, 10:18 pm 10:18 pm
===They have nothing to do with Limbaugh or Beck.
Posted by: MayBee | May 26, 2009 10:04:17 PM===
They do when it is all he has to argue with.
Posted by: Axey | May 26, 2009, 10:19 pm 10:19 pm
Axey . . .
“If confirmed for the Supreme Court, Judge Sotomayor would bring more federal judicial experience to the Supreme Court than any justice in 100 years, and more overall judicial experience than anyone confirmed for the Court in the past 70 years. …”
Put your little straw man of ‘empathy’ away. The woman is a seasoned professional.
Posted by: danita | May 26, 2009, 10:23 pm 10:23 pm
Axey:”Can you imagine the uproar if a conservative justice had been touted as having empathy? Empathy.”
With over a decade of publicly available rulings written by her, you’re biggest complaint is that Obama said he was looking for empathy? All judges have empathy; sociopaths rarely are tapped for such positions.
Posted by: jhw539 | May 26, 2009, 10:24 pm 10:24 pm
MayBee:”I also think Senator Obama wants a different standard applied to his nominee than he applied to previous nominees.”
In case you missed it, he is actually President Obama (or Mr Obama) now. And could you cite where he wants a different standard applied? It’s not like he appointed the nearest lawyer he knew from Texas – Sotomayor’s credentials are very strong.
Posted by: jhw539 | May 26, 2009, 10:27 pm 10:27 pm
Why is anybody surprised? Barak gave interviews in which he expressed his desire for changing the Constitution, activist judges, positive law, etc. We also know that both party operatives consider “factors” in judicial selection (race, gender, litmus tests, etc). So why would we be surprised that he appoints a person who jokes about judges “making policy” and that “white males can’t make as good decisions” (paraphrased slightly)? That is what you get when you elect Barak. It is not like he has hid his political beliefs.
Posted by: Ed | May 26, 2009, 10:36 pm 10:36 pm
I’m not at all surprised President Obama has picked a highly qualified candidate for the supreme court – and I am not at all surprised by the criticism. She is female and is not white. It also doesn’t surprised me at all that her quotes and quotes about her are taken out of context, half cited or misstated, nor that these incomplete quotes are used in an attempt to brand her as racist, uppity and inept. Nothing surprising there at all.
Posted by: danita | May 26, 2009, 10:54 pm 10:54 pm
Ed:”"white males can’t make as good decisions” (paraphrased slightly)”
Paraphrased “slightly” ?!?!?!? Have you even read the paragraph that quote is lifted from, never mind the essay?
Posted by: jhw539 | May 26, 2009, 10:56 pm 10:56 pm
nothing wrong with a little highly qualified ‘diversity on the court….without diversity, one can almost imagine, in an alternate universe where all ‘white’ jurists might come up with the following:
We think they [people of African ancestry] are . . . not included, and were not intended to be included, under the word “citizens” in the Constitution,
and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. . . .”
— Chief Justice Roger B. Taney,
speaking for the majority
Posted by: Dewde | May 26, 2009, 11:02 pm 11:02 pm
MayBee:”I also think Senator Obama wants a different standard applied to his nominee than he applied to previous nominees.”
============
Yes.
Meant to say President Obama wants a different standard applied to his nominee than Senator Obama applied to previous nominees.
That is, he seems to want people to vote for his qualified candidate. Something he didn’t do himself with Alito and Roberts.
Posted by: MayBee | May 26, 2009, 11:15 pm 11:15 pm
MayBee . ..
As I understand it, it is the President’s responsibility to present to Congress his or her selection of an excellent, well-qualified nominee to the Supreme Court. Naturally the President would wish Congress supports and votes for this nominee.
It is the job of Congress to support or not support that nominee using the best of their reasoning and abilities.
President Obama has done nothing of a double standard in putting forward Judge Sonia Sotomayor, nor did he in do anything hypocritical in exercising his responsibilities while a Senator in voting or not voting for previous nominees.
He performed his responsibilities as required in both cases.
Seems like you’re either not understanding the checks and balances of the process, or you’re hoping to brand him inaccurately.
Posted by: danita | May 26, 2009, 11:33 pm 11:33 pm
The Supreme Court should reflect the diversity of America!!!!!
Different views and philosophy!!!
Now, we need an Asian and more minorities on the Supreme Court!!!!
Mix up the Supreme Court!!!!
Diveristy Rocks!!!!
STOP HATING!!! DON’T BE JEALOUS!!!!
CONGRATULATE AND WELCOME DIVERSITY, ONLY IN AMERICA!!!!
Posted by: sisterdearest09 | May 26, 2009, 11:34 pm 11:34 pm
Can you imagine the uproar if a conservative justice had been touted as having empathy? Empathy. Just what we all need in a SC justice. Forget the rule of law, tell us how you feel.
Posted by: Axey | May 26, 2009 10:14:54 PM
You have empathy and sympathy confused. Empathy is a very good trait where a person can understand being in the other’s shoes. I would think that would be essential for a Judge.
If the GOP wants to go after empathy, they probably won’t get too many sympathy cards as their party continues to die as a result of this patently absurd argument.
Posted by: Padma | May 26, 2009, 11:41 pm 11:41 pm
danita- what standard do you think President Obama would like Senators to apply to his nominee when they decide whether or not to vote for her?
Posted by: MayBee | May 26, 2009, 11:43 pm 11:43 pm
“It is the job of Congress to support or not support that nominee using the best of their reasoning and abilities.”
Posted by: danita | May 26, 2009, 11:53 pm 11:53 pm
Meant to say President Obama wants a different standard applied to his nominee than Senator Obama applied to previous nominees.
That is, he seems to want people to vote for his qualified candidate. Something he didn’t do himself with Alito and Roberts.
Posted by: MayBee | May 26, 2009 11:15:47 PM
Obama said on numerous occasions Alito and Roberts were well qualified, but he did not agree with their judicial philosophy. He cited numerous instances and rulings from their judicial past for concern.
Obama was not part of any extreme interest group and was intellectually involved in a reasoned debate regarding the justices.
Is there a judicial philosophy the Republicans are going to come out against or are they going to run with the countless already de-bunked talking points that have popped up everywhere today?
Posted by: Padma | May 26, 2009, 11:58 pm 11:58 pm
there have been times in America, not that long ago, where lower courts have explained their decisions like the following on Interracial marriage in 1967.
“Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.”
reading ‘stuff’ like this through ‘modern’ eyes makes it all the more incredible that a judge made this ruling and spoke the words……
the judge in the case made the ruling based on the written state law of the time.
a Justice may be called on to rule on an established and accepted law that is wrong,.. he/she must have the courage and foresight and knowledge to go beyond the facts of case… that’s why there have been additions to the Bill of Rights, and there will be more additions as the need arises.
The ‘Prop 8′ controversy will be an interesting one when it reaches the Supreme Court, once again, a minority, will ask the court for equal rights under the law.
Posted by: Dewde | May 27, 2009, 12:04 am 12:04 am
Obama said on numerous occasions Alito and Roberts were well qualified, but he did not agree with their judicial philosophy
============
Alexander Hamilton believed the Senate should only reject a nominee for “special and strong” reasons. As do I.
Ruth Bader Ginsberg was approved 96-3.
Steven Breyer was approved 87-9.
Surely many of the Senators did not agree with their judicial philosophies, but did not have a “special and strong” reason to reject the nominations.
When he was Ssnator, President Obama felt not agreeing with nominee’s judicial philosophy was enough. Which means, of course, that a political disagreement with a nominee is good reason to vote against that nominee.
If it is the case that judicial philosophy is reason enough to vote against a nominee, there is no reason to argue for experience, expertise, or even biography.
Posted by: MayBee | May 27, 2009, 12:21 am 12:21 am
MayBee you incorrectly shrink “judicial philosophy” down to “politics” which I think reveals your own narrow viewpoint and interpretation, not necessarily that of others.
And you have rested your case on this thin personal viewpoint, by attributing and attaching it to somewhat else – in this case Senator Obama.
I don’t believe this is fair or accurate.
Posted by: danita | May 27, 2009, 12:46 am 12:46 am
And you have rested your case on this thin personal viewpoint, by attributing and attaching it to somewhat else – in this case Senator Obama.========
====
So you feel it is a good defense of Obama to say that he voted against Alito and Roberts by evaluating them to the best of his reasoning and abilities, and found their “judicial philosophies” unacceptable. Is that right?
Under that standard, what would be a *bad* reason to reject a nominee? What would not meet the “best of their (senators’) ability” qualifier?
Posted by: MayBee | May 27, 2009, 1:08 am 1:08 am
I think it’s a bit apparent, but since you asked MayBee . .. *bad* reasons to reject a nominee would be that person’s race, or gender or religion or their sexual orientation, or their hairstyle, or a physical disability that doesn’t affect their mental capabilities . ..
Posted by: danita | May 27, 2009, 1:17 am 1:17 am
What about if she’s calling herself a latina and she doesn’t speak spanish? Does she speak spanish fluently?
Posted by: MarkLeavenworth | May 27, 2009, 1:29 am 1:29 am
So danita- you do not agree that a supreme court nominee should be rejected for only special and strong reasons, but that any reason is ok as long as it isn’t a form of personal prejudice against the nominee?
Posted by: MayBee | May 27, 2009, 1:32 am 1:32 am
MayBee, why are we shooting in the dark?
Surely the Congress either does or does not have guidelines which the members are bound to follow?
If so what are they? If not, then each member must use their own reasoning and abilities.
Is the Congress to act only as a rubber stamp for the President with these nominees unless the nominee has done something that constitutes a ‘special and strong’ reason like treason or child molestation?
You sided with Hamilton and gave your definite support for ‘special and strong’ reasons for rejecting a nominee – what constitutes a special and strong reason?
What are the guidelines Congress is required to follow?
Posted by: danita | May 27, 2009, 1:38 am 1:38 am
I mean, I think she’s great. But if, for example, if she doesn’t speak spanish fluently, it would be a pretty strong argument against her character, touting that she’d a latina without being fluent. And it would also cast serious doubt on the truth of her empathy with the latino culture, one of the groups, if any, that most needs it at this time in history.
Posted by: MarkLeavenworth | May 27, 2009, 1:44 am 1:44 am
it would be a pretty strong argument against her character, touting that she’d a latina without being fluent. MarkLeavenworth
would the same hold for a justice claiming to be of italian american descent.. without speaking italian……. or jewish without speaking hebrew ie:
Posted by: Dewde | May 27, 2009, 2:06 am 2:06 am
Dewde- IF you speak spanish, you would know what I was talking about.
Posted by: MarkLeavenworth | May 27, 2009, 2:16 am 2:16 am
IT might be like (and this might not be the best example), if we were at this time in history culturally prosecuting religious jews for practicing their religion, and talking about limiting travel to and from Israel, and so a justice is nominated said to be Jewish. But then it turns out she doesn’t know who Moses is.
Posted by: MarkLeavenworth | May 27, 2009, 2:25 am 2:25 am
This was purely a political pick by the Messiah, who has had a bad couple of weeks with Cheney nipping at his rear end over Obama’s weak war policy.
Sotomayor is NOT the best pick but she will help to quell some of his leftist base’s anxieties over their desire to have a judge of Hispanic origin. She is an admitted ACTIVIST which most of the people in this country dislikes intensely. Or so they say.
Posted by: Sunny97478 | May 27, 2009, 2:33 am 2:33 am
And also, it would take a certain kind of hate (maybe that’s too strong of a word), to grow up latina in most parts of upper manhatten and not to speak spanish fluently.
Posted by: MarkLeavenworth | May 27, 2009, 2:35 am 2:35 am
On the other hand, it takes an awful lot of intense study to go through all those schools, all those books, all those cases, and retain fluency in any language.
Posted by: MarkLeavenworth | May 27, 2009, 2:40 am 2:40 am
That was just an example for Maybee and Danita, about reasons.
Posted by: MarkLeavenworth | May 27, 2009, 2:41 am 2:41 am
“Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instrument of the laws, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by the law; and when that is discerned, it is the duty of the Court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature [or, this author would add in another context, the makers of a constitution]; or in other words, to the will of the law.”
Justice John Marshall
Posted by: drjohn | May 27, 2009, 7:02 am 7:02 am
Living in Florida, we don’t tend to think of Hispanics as being ‘out of the ordinary’. What’s the big deal, is she is qualified…
As a self-proclaimed ‘moderate’, I kind of like most of what I have read.. in other words the right doesn’t have much to smear her with.. and the left isn’t doing a lot of unabashed cheerleading.
Posted by: DontGet818OnMeNow | May 27, 2009, 8:12 am 8:12 am
I truly hope the “small” people of this nation will not denegrate this fine jurist. But the small is already calling her “Maria”, hispanic chick” and so forth. What is this about RACE. How Small for the truly “minority” in a country they have not yet recognized that we are a BI-racial, Bi-ethnic country. I hope the republicans doesn’t denegrate this Strong, smart, qualified woman to keep their racial viewpoints….or she will be the one to “cover” their political graves, the one they have already dug.
Posted by: tychisum | May 27, 2009, 8:26 am 8:26 am
MayBee-
I think only a handful of lawmakers on the Hill are actually qualified to truly evaluate a nominee for the Supreme Court. Roughly 50 Senators have an actual law background, Obama obviously included. Without looking it up, I believe Obama took issue with the findings or judicial philosophy ( sometimes a Judges decision comes down to his or her interpretation of the law) based on several past decisions Altio made.
As for Roberts, I know Obama holds him in high regard and did at the time.
Posted by: Padma | May 27, 2009, 9:58 am 9:58 am
Jake,
You should know better than to use the word ‘inquisition’ to describe the Senate judicial confirmation process, especially in reference to Sen. Sessions.
If anyone can be accused of leading an ‘inquisition’, it is non other than the Vice President, Joe Biden, during the Anita Hill-Clarence Thomas hearings.
Posted by: J House | May 27, 2009, 1:27 pm 1:27 pm
“Can you imagine the uproar if a conservative justice had been touted as having empathy? Empathy. Just what we all need in a SC justice. Forget the rule of law, tell us how you feel.”
Poppy Bush: “I have followed this man’s career for some time,” Bush said of Thomas. “He is a delightful and warm, intelligent person who has great empathy and a wonderful sense of humor.”
Posted by: Ryan C | May 27, 2009, 2:54 pm 2:54 pm
It’s very rare that I agree with Ann Coulter, but where was the outrage when the liberal Dems were blocking the confirmation of Miguel Estrada?
The hypocrisy – and the ignorance of the masses who allow themselves to be played this way – is just sickening…
Posted by: QuoVadisAnima | May 27, 2009, 11:14 pm 11:14 pm