Obama Picks A White Man for the Supreme Court! (Full Version)

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Sanity -> Obama Picks A White Man for the Supreme Court! (5/26/2009 7:07:33 AM)


Psyche! You know better than that.

He picked a Hispanic woman...  Sonia Sotomayor:


quote:

WASHINGTON — In 2001, Sonia Sotomayor, an appeals court judge, gave a speech declaring that the ethnicity and sex of a judge “may and will make a difference in our judging.”

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, who is now considered to be near the top of President Obama’s list of potential Supreme Court nominees.

<snip>

This month, for example, a video surfaced of Judge Sotomayor asserting in 2005 that a “court of appeals is where policy is made.” She then immediately adds: “And I know — I know this is on tape, and I should never say that because we don’t make law. I know. O.K. I know. I’m not promoting it. I’m not advocating it. I’m — you know.”

<snip>


http://www.nytimes.com/2009/05/15/us/15judge.html





servantforuse -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 7:20:02 AM)

It isn't the job of a Supreme court justice to make policy. Their job is to uphold and interpret current laws. She will be making policy from the bench.




BitaTruble -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 7:41:47 AM)


quote:

ORIGINAL: servantforuse

It isn't the job of a Supreme court justice to make policy. Their job is to uphold and interpret current laws. She will be making policy from the bench.


Bush didn't think so when he originally appointed her in 1992. I read two of her opinions, one in which she was the majority and one in which she dissented. They were both brillant; on point and insightful. She brings more judicial experience to the bench than anyone in the past 70 years. She's written over 150 opinions, only two of which have been over turned by the SCOTUS (a third is likely to be over turned as well.) That's a pretty damn good record.

When Bush appointed her, the conservatives considered her moderate. When Clinton promoted her, the liberals considered her moderate. I haven't read anything yet that shows such does not continue to hold true. She has ruled on the side of business and on the side of labor. Right now, from my (very) quick review of her opinions, she looks to be 'slightly' left to me but since Souter tends to lean that way as well, it's pretty much a wash.

My gut says this is a good appointment and I can't see anything that would bar her nomination from SCOTUS .. yet.

Hell, the worst thing I can say about her at this point is that she's a Yankee fan but I'm still researching.

http://www.scotusblog.com/wp/judge-sotomayors-appellate-opinions-in-civil-cases/

Link gives over view and some case names for ease of research for anyone interested.




DomImus -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 8:23:01 AM)

She sounds like an even trade for Souter to me. At least with this lady you know what you're getting. She's been on the bench a while and has a body of work to judge that clearly shows her mindset. It could have been much worse.

re:BitaTruble
Bush didn't think so when he originally appointed her in 1992.

Bush didn't think certain things about Souter when he nominated him to the SCOTUS. So much for that logic.




BitaTruble -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 8:34:55 AM)


quote:

ORIGINAL: DomImus



quote:

Bush didn't think certain things about Souter when he nominated him to the SCOTUS. So much for that logic.


I think that proves my point though. Fail to vet, get what you get. Seems to be a recurring theme in politics.




angelikaJ -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 8:39:00 AM)

quote:

ORIGINAL: Sanity


Psyche! You know better than that.

He picked a Hispanic woman...  Sonia Sotomayor:


<snip>

This month, for example, a video surfaced of Judge Sotomayor asserting in 2005 that a “court of appeals is where policy is made.” She then immediately adds: “And I know — I know this is on tape, and I should never say that because we don’t make law. I know. O.K. I know. I’m not promoting it. I’m not advocating it. I’m — you know.”

<snip>


http://www.nytimes.com/2009/05/15/us/15judge.html




Context is everything:
This was a  2005 forum at Duke University School of Law, where she talked about why public interest groups like to hire lawyers who have been appeals court clerks.






rulemylife -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 8:45:27 AM)

quote:

ORIGINAL: servantforuse

It isn't the job of a Supreme court justice to make policy. Their job is to uphold and interpret current laws. She will be making policy from the bench.


Unfortunately, the reality this strict constructionism argument overlooks is that the Court's interpretation of the laws do set public and national policy.

And for good or for bad, the effects of the Court's rulings on public policy have been historically taken into account by its members in many decisions.




Vendaval -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 11:04:07 AM)

Thank you for the background information and personal insights, Celeste.  Sotomayor sounds like a solid candidate and hopefully the vetting process with go well.




CruelNUnsual -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 12:30:30 PM)

quote:

ORIGINAL: DomImus

She sounds like an even trade for Souter to me. At least with this lady you know what you're getting. She's been on the bench a while and has a body of work to judge that clearly shows her mindset. It could have been much worse.

re:BitaTruble
Bush didn't think so when he originally appointed her in 1992.

Bush didn't think certain things about Souter when he nominated him to the SCOTUS. So much for that logic.



Bush appointed her to the District Court, a big difference from SCOTUS. Her nomination to the appeals court was held up  by the GOP for a year because of concerns that it would put another  judicial activist on a potential path to the SC.

What will be interesting is if Blowboys own practices come home to roost in blocking the nomination of someone who is admittedly qualified for purely ideological reasons.




BitaTruble -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 3:29:12 PM)


quote:

ORIGINAL: CruelNUnsual

quote:

ORIGINAL: DomImus

She sounds like an even trade for Souter to me. At least with this lady you know what you're getting. She's been on the bench a while and has a body of work to judge that clearly shows her mindset. It could have been much worse.

re:BitaTruble
Bush didn't think so when he originally appointed her in 1992.

Bush didn't think certain things about Souter when he nominated him to the SCOTUS. So much for that logic.



Bush appointed her to the District Court, a big difference from SCOTUS.


True, but he considered her so how does that negate the logic?




Sanity -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 3:34:52 PM)


You know that that it would be considered to be poetic justice in many circles if she turned out to have a long deep Conservative streak, don't you?

I'm not fully convinced yet that she doesn't.

She may have ruled in favor of affirmative action, but exactly how "moderate" she is or isn't has yet to be decided.


quote:

ORIGINAL: BitaTruble

Bush appointed her to the District Court, a big difference from SCOTUS.


True, but he considered her so how does that negate the logic?




lronitulstahp -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 3:38:55 PM)

quote:

Psyche! You know better than that.


.......*sigh*.........................................................................................................................................................................................................................................................................................................................................................................................................................
*reads title of this thread again.....sigh*...............................................................................[sm=bury.gif]




BitaTruble -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 3:53:00 PM)


quote:

ORIGINAL: Sanity


You know that that it would be considered to be poetic justice in many circles if she turned out to have a long deep Conservative streak, don't you?

I'm not fully convinced yet that she doesn't.

She may have ruled in favor of affirmative action, but exactly how "moderate" she is or isn't has yet to be decided.


She's written 150+ opinions. It's not that hard to figure out. If you're not convinced one way or the other, I'd say you have some reading to do.




Sanity -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 6:46:14 PM)

quote:


Key cases reveal few clues



It isn’t easy to get a fix on Sonia Sotomayor.


She’s ruled on cases involving three of the hottest hot-button issues during her 17 years as a judge — abortion, gun control and affirmative action — but resolved the cases in ways that complicate critics’ efforts to peg her as a liberal.


On affirmative action, she and two other judges threw out a case by white firefighters seeking promotions they earned by passing a promotion test — because no black firefighters passed the test.


On gun control, one Sotomayor ruling suggests she believes that state governments have broad rights to limit the possession of weapons.


In both of those cases, Sotomayor joined in short, unsigned rulings that don’t offer much of a toehold for conservatives who oppose her.


But in two cases touching on abortion, Sotomayor issued rulings that came down on the side of the anti-abortion activists. And in those cases, the judge was far more voluble, offering a total of 56 pages in signed opinions detailing her reasoning. The Rev. Barry Lynn, executive director of Americans United for Separation of Church and State, says he’s been frustrated in trying to find clear-cut examples of Sotomayor’s opinions on the church and state issues he cares about.

And he thinks Sotomayor’s elusiveness is deliberate. “You have to think about your public record and the public trail if you’re going to move up in the judiciary," he said. "And I think she’s savvy enough to have done so. It is a self-preservation pattern.”

(Full article here).




lronitulstahp -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 6:52:12 PM)

So...she's not extreme in either direction...sounds good to me.




Sanity -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 6:57:33 PM)


That's one guess. As good a guess as any, probably.


quote:

ORIGINAL: lronitulstahp

So...she's not extreme in either direction...sounds good to me.




MarsBonfire -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 6:59:43 PM)

Hey, if you guys don't like what Cruel is saying, just report the posts.... use the system for what it's really for... cleaning up this one horse town!

As far as the nomination, I think she's eminently qualified for this poition. It will be fun and interesting to see the GOP try to slam her without pissing off either women's voter groups, or the hispanic demographic. But, considering what geniuses they are at presenting their "ideas" and "ideology" to the public is like... I'm sure they'll shoot themselves in the foot just as sure as farmers spread "Limbaugh" on their feilds for fertilizer.




awmslave -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 9:56:16 PM)

Affirmative action at the highest level. I think Obama should initiate constitutional change to share these positions fairly between the different interest groups. The next opening Supreme Court seat should be for example reserved for a female of Chinese origin. Also the presidency itself should become rotating based on national origin, skin color and gender. 




popeye1250 -> RE: Obama Picks A White Man for the Supreme Court! (5/26/2009 10:55:51 PM)

quote:

ORIGINAL: BitaTruble


quote:

ORIGINAL: servantforuse

It isn't the job of a Supreme court justice to make policy. Their job is to uphold and interpret current laws. She will be making policy from the bench.


Bush didn't think so when he originally appointed her in 1992. I read two of her opinions, one in which she was the majority and one in which she dissented. They were both brillant; on point and insightful. She brings more judicial experience to the bench than anyone in the past 70 years. She's written over 150 opinions, only two of which have been over turned by the SCOTUS (a third is likely to be over turned as well.) That's a pretty damn good record.

When Bush appointed her, the conservatives considered her moderate. When Clinton promoted her, the liberals considered her moderate. I haven't read anything yet that shows such does not continue to hold true. She has ruled on the side of business and on the side of labor. Right now, from my (very) quick review of her opinions, she looks to be 'slightly' left to me but since Souter tends to lean that way as well, it's pretty much a wash.

My gut says this is a good appointment and I can't see anything that would bar her nomination from SCOTUS .. yet.

Hell, the worst thing I can say about her at this point is that she's a Yankee fan but I'm still researching.

http://www.scotusblog.com/wp/judge-sotomayors-appellate-opinions-in-civil-cases/

Link gives over view and some case names for ease of research for anyone interested.


Bita, are there any lawyers running for office or being appointed to a public post who *aren't* "Brilliant Legal Scholars?"
I'm sure if you asked an alchoholic ambulance chaser with mustard on his jacket and who likes to hang out at the dog track if he were a "Brilliant Legal Scholor" he'd say yes. Or a divorce lawyer.
Why are they always "Brilliant?" With all the "Brilliant Legal Scholors" that have been in our govt and looking at the shape financially of it I'd settle for "Competant Legal Scholors."
Bill Clinton thought he was "Brilliant" too. Look what happened to him.
How can you be "brilliant" if you can't even do "competant?"
That's the problem with "brilliant" they all seem to forget that they work for The People and at some point decide that they'll do what "they" want to do instead of doing the job they were hired to do and are being *paid* to do.
You try that shit in the "D.P.S." (Dreaded private sector) and you're gone in a week!
I'd take a pass on this woman who likes to "make policy from the bench" for someone "not quite brilliant", "doesn't like brilliant" or "huh? what's brilliant?"
One person's "opinion" is just that, an opinion. And you know what they say about opinions.




MmeGigs -> RE: Obama Picks A White Man for the Supreme Court! (5/27/2009 4:59:02 AM)

quote:

ORIGINAL: awmslave
Affirmative action at the highest level.  I think Obama should initiate constitutional change to share these positions fairly between the different interest groups. The next opening Supreme Court seat should be for example reserved for a female of Chinese origin. Also the presidency itself should become rotating based on national origin, skin color and gender. 


How is this affirmative action?  From what I've heard about her, she's well qualified to take a seat on the Supreme Court, perhaps more qualified than some who are on that bench now. 

I get a bit irritated when I see statements like this.  It seems to come out any time a nominee isn't a white man.  I think it's a cheap shot. 





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