NCAAbbs

Full Version: New SCOTUS appointee quotes
You're currently viewing a stripped down version of our content. View the full version with proper formatting.
“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."

-Judge Sonia Sotomayor, in her Judge Mario G. Olmos Law and Cultural Diversity Lecture at the University of California (Berkeley) School of Law in 2001



Sotomayor has spoken about her pride in her ethnic background and has said that personal experiences "affect the facts that judges choose to see."

"I simply do not know exactly what the difference will be in my judging," she said in a speech in 2001. "But I accept there will be some based on my gender and my Latina heritage."

http://news.yahoo.com/s/ap/us_obama_supreme_court


Anyone out there going to seriously call Obama a centrist after this?
60% of her rulings are overturned by a higher court. Even other democrat judges have slapped down her rulings. She views every case through racial, sexist glasses. Instead of basing her rulings on law, she's going to base things on feelings and "fairness." It just sucks that there's going to be no stopping her appointment.
(05-27-2009 01:50 PM)dfarr Wrote: [ -> ]60% of her rulings are overturned by a higher court. Even other democrat judges have slapped down her rulings. She views every case through racial, sexist glasses. Instead of basing her rulings on law, she's going to base things on feelings and "fairness." It just sucks that there's going to be no stopping her appointment.

Before we accept what you say as gospel, could you provide some references for your statistics?
Guess we can go ahead and take the blindfold off of the statue now.
(05-27-2009 02:18 PM)Grammar-Nazi Wrote: [ -> ]
(05-27-2009 01:50 PM)dfarr Wrote: [ -> ]60% of her rulings are overturned by a higher court. Even other democrat judges have slapped down her rulings. She views every case through racial, sexist glasses. Instead of basing her rulings on law, she's going to base things on feelings and "fairness." It just sucks that there's going to be no stopping her appointment.

Before we accept what you say as gospel, could you provide some references for your statistics?

http://washingtontimes.com/news/2009/may...dder-to-f/
The overall reversal rate for SCOTUS is roughly 75 percent, varying slightly from term to term:

http://www.concurringopinions.com/archiv...hts_o.html

And the "60 percent" is three out of five, or just under 1 percent of the 308 opinions she wrote. Not having read all 308 opinions, I have no idea what glasses she uses.
(05-27-2009 05:13 PM)58-56 Wrote: [ -> ]The overall reversal rate for SCOTUS is roughly 75 percent, varying slightly from term to term:

http://www.concurringopinions.com/archiv...hts_o.html

And the "60 percent" is three out of five, or just under 1 percent of the 308 opinions she wrote. Not having read all 308 opinions, I have no idea what glasses she uses.

Still pretty crappy considering that the job she's up for has told her she's wrong over half the time. There's also another case that is in the SCOTUS that many are saying will be overturned as well, so she'll be up to 75% then.
Actually, she'd be at 66.7% then. But like most if not all of the Senators who will vote on her confirmation, I haven't nor will I ever read enough of her work to form a meaningful opinion on whether or not she deserves to be seated. She'll be seated for the same reason Sam Alito was: the president and his party have to votes to make it so.
Oxdown Gazette answers the OP's quote far better than I ever could.

http://oxdown.firedoglake.com/diary/5489#more-40320

Conservatives Deliberately Misread Sotomayor’s Olmos Lecture
By: JimWhite Wednesday May 27, 2009 6:01 am

With the nomination on May 26 of Judge Sonia Sotomayor to the Supreme Court, conservatives stepped up their attacks on her that began with Jeffrey Rosen's smear job that appeared when she was mentioned as a top candidate.

Many of the attacks on Tuesday centered on a speech Sotomayor delivered in Berkeley in 2001 that was published in 2002 in the Berkeley La Raza Law Journal. The New York Times published the full speech on May 14. The painfully stupid and hopelessly evil Stuart Taylor was an early adopter of the misreading of this speech, publishing a screed about it on May 23.

The isolated sentence Stuart, and later, such luminaries as Fox News, lamented from Sotomayor's speech was this:

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.

Granted, Taylor does lip service to putting the sentence into context and even dances around the message Sotomayor is seeking in the speech:

To some extent, Sotomayor's point was an unexceptionable description of the fact that no matter how judges try to be impartial, their decisions are shaped in part by their personal backgrounds and values, especially when the law is unclear. As she detailed, for example, some studies suggest that female judges tend to have different voting patterns than males on issues including sex discrimination.

Taylor conveniently ignores the part of Sotomayor's speech where she quotes Cedarbaum on the historical impact decisions based on presumed differences:

Now Judge Cedarbaum expresses concern with any analysis of women and presumably again people of color on the bench, which begins and presumably ends with the conclusion that women or minorities are different from men generally. She sees danger in presuming that judging should be gender or anything else based. She rightly points out that the perception of the differences between men and women is what led to many paternalistic laws and to the denial to women of the right to vote because we were described then "as not capable of reasoning or thinking logically" but instead of "acting intuitively." I am quoting adjectives that were bandied around famously during the suffragettes' movement.

The real point which I think Sotomayor is addressing in the speech is the natural tension in our national self-image:

America has a deeply confused image of itself that is in perpetual tension. We are a nation that takes pride in our ethnic diversity, recognizing its importance in shaping our society and in adding richness to its existence. Yet, we simultaneously insist that we can and must function and live in a race and color-blind way that ignore these very differences that in other contexts we laud. That tension between "the melting pot and the salad bowl" -- a recently popular metaphor used to described New York's diversity - is being hotly debated today in national discussions about affirmative action. Many of us struggle with this tension and attempt to maintain and promote our cultural and ethnic identities in a society that is often ambivalent about how to deal with its differences.

Sotomayor goes on to point out that while landmark anti-discrimination cases were decided by Supreme Courts composed of white males, the cases were argued by attorneys who were persons of color or females. Further, she points out that such court luminaries as Holmes or Cardozo voted to uphold discrimination based on race or sex.

Sotomayor concludes with this acknowledgment of how her experiences affect her decision-making:

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

Importantly, that acknowledgment comes with a promise:

Each day on the bench I learn something new about the judicial process and about being a professional Latina woman in a world that sometimes looks at me with suspicion. 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. I can and do aspire to be greater than the sum total of my experiences but I accept my limitations. I willingly accept that we who judge must not deny the differences resulting from experience and heritage but attempt, as the Supreme Court suggests, continuously to judge when those opinions, sympathies and prejudices are appropriate.

Taylor's response to this nuanced, self-aware description of the process of making decisions in a society that is diverse? He deliberately mis-states her purpose in this process:

Indeed, unless Sotomayor believes that Latina women also make better judges than Latino men, and also better than African-American men and women, her basic proposition seems to be that white males (with some exceptions, she noted) are inferior to all other groups in the qualities that make for a good jurist.

And, for good measure, Taylor adds this scary sentence in its own block in the column:

Do we want a new justice who comes close to stereotyping white males as (on average) inferior beings?

Sorry, Stuart, you missed the boat entirely, again. Your fear of Sotomayor stereotyping you (and me, as another old white guy) as inferior is simply unfounded. She is engaging in a healthy analysis of the effects of culture and personal experience on the factors which will stand out to a judge in making a decision. She is celebrating the fact that as the judicial system becomes more diverse, its decision-making process will include larger segments of our society.

Gosh, in this case, I wonder just which side of the argument is "not capable of reasoning or thinking logically"? I'll say it very slowly for you, Stuart. Sotomayor is not saying that white males are inferior. She is saying that white males are not superior. Your column is a classic case of projection. You accuse Sotomayor of the very identity-based political games in which you are engaging, while she is taking great pains to avoid them.
Face it, this woman was picked because she was a Latina woman. It was not a secret. It was apparent from the get-go that Obama would pick one, even if he had to go down to a 2L law student to find one.

Personal opinions, sympathies, and prejudices are NEVER appropriate in court.
(05-28-2009 08:18 AM)BlazerFan11 Wrote: [ -> ]Face it, this woman was picked because she was a Latina woman. It was not a secret. It was apparent from the get-go that Obama would pick one, even if he had to go down to a 2L law student to find one.

Personal opinions, sympathies, and prejudices are NEVER appropriate in court.

It didn't seem to bother you when personal opinions, sympathies and prejudices on the court made Bush president, so why is it a problem now?
(05-28-2009 10:11 AM)Grammar-Nazi Wrote: [ -> ]
(05-28-2009 08:18 AM)BlazerFan11 Wrote: [ -> ]Face it, this woman was picked because she was a Latina woman. It was not a secret. It was apparent from the get-go that Obama would pick one, even if he had to go down to a 2L law student to find one.

Personal opinions, sympathies, and prejudices are NEVER appropriate in court.

It didn't seem to bother you when personal opinions, sympathies and prejudices on the court made Bush president, so why is it a problem now?
it was algore attempting to steal the 2000 election by 'cherrypicking' the votes to be recounted.
Here is a case where she ruled against free speech:

http://www.nbcconnecticut.com/news/local...-case.html
She's replacing Souter, so it looks pretty much like a wash to me.
(05-29-2009 07:42 AM)Smaug Wrote: [ -> ]She's replacing Souter, so it looks pretty much like a wash to me.

It doesn't matter who she is replacing, she is completely unqualified to be a Supreme Court justice, not only because of her views of the Constitution, but for her blatant racism both on and off the bench.
(05-28-2009 08:18 AM)BlazerFan11 Wrote: [ -> ]Face it, this woman was picked because she was a Latina woman. It was not a secret. It was apparent from the get-go that Obama would pick one, even if he had to go down to a 2L law student to find one.

Personal opinions, sympathies, and prejudices are NEVER appropriate in court.

"Personal opinions, sympathies and prejudices" are like skin, we ALL have them and we keep about 85% of them under cover most of the time. Just because a person's pattern of them matches yours doesn't make them less influenced by them ("He doesn't have an accent--he talks just like me").

"This woman" is an experienced Federal jurist who was appointed by a Republican President and is well respected on her job. She is also a Latina woman which the President feels is a PLUS for her to bring to the Supreme Court since the "Latina" is a major growing part of our present national social structure.
Well respected on the job? Not so fast, my friend.

Quote:But despite the praise from some of her former clerks, and warm words from some of her Second Circuit colleagues, there are also many reservations about Sotomayor. Over the past few weeks, I've been talking to a range of people who have worked with her, nearly all of them former law clerks for other judges on the Second Circuit or former federal prosecutors in New York. Most are Democrats and all of them want President Obama to appoint a judicial star of the highest intellectual caliber who has the potential to change the direction of the court. Nearly all of them acknowledged that Sotomayor is a presumptive front-runner, but nearly none of them raved about her. They expressed questions about her temperament, her judicial craftsmanship, and most of all, her ability to provide an intellectual counterweight to the conservative justices, as well as a clear liberal alternative.


The most consistent concern was that Sotomayor, although an able lawyer, was "not that smart and kind of a bully on the bench," as one former Second Circuit clerk for another judge put it. "She has an inflated opinion of herself, and is domineering during oral arguments, but her questions aren't penetrating and don't get to the heart of the issue." (During one argument, an elderly judicial colleague is said to have leaned over and said, "Will you please stop talking and let them talk?") Second Circuit judge Jose Cabranes, who would later become her colleague, put this point more charitably in a 1995 interview with The New York Times: "She is not intimidated or overwhelmed by the eminence or power or prestige of any party, or indeed of the media."


Her opinions, although competent, are viewed by former prosecutors as not especially clean or tight, and sometimes miss the forest for the trees. It's customary, for example, for Second Circuit judges to circulate their draft opinions to invite a robust exchange of views. Sotomayor, several former clerks complained, rankled her colleagues by sending long memos that didn't distinguish between substantive and trivial points, with petty editing suggestions--fixing typos and the like--rather than focusing on the core analytical issues.

http://www.tnr.com/politics/story.html?i...e10199a085
Sounds like to me she's been an affirmative action hire her whole life. She kills two birds with one stone.
(06-03-2009 09:40 AM)dfarr Wrote: [ -> ]Sounds like to me she's been an affirmative action hire her whole life. She kills two birds with one stone.

Good lord man. How many of her opinions have you read? How could you possibly judge her based on slanted journalists views? How could you call her an affirmative action hire her whole life. She wasn't even hired in her last two jobs, she was selected, approved and appointed to them.

What even makes for a qualified SC justice in your view? Whatever your republican/conservative blogs tell you does? (and you Dem/Libs are exactly the same!)

She is as qualified as anyone else out there. She will make as many bad and biased decisions as Scalia. As long as the constitution is treated as a living document (and yes, contrary to what he states, Scalia believes it too when it helps his biased side) anyone appionted to the court will have the power to make decisions that will affect us and our progeny in negative ways.
(06-03-2009 06:41 PM)screaminblazer Wrote: [ -> ]
(06-03-2009 09:40 AM)dfarr Wrote: [ -> ]Sounds like to me she's been an affirmative action hire her whole life. She kills two birds with one stone.

Good lord man. How many of her opinions have you read? How could you possibly judge her based on slanted journalists views? How could you call her an affirmative action hire her whole life. She wasn't even hired in her last two jobs, she was selected, approved and appointed to them.

What even makes for a qualified SC justice in your view? Whatever your republican/conservative blogs tell you does? (and you Dem/Libs are exactly the same!)

She is as qualified as anyone else out there. She will make as many bad and biased decisions as Scalia. As long as the constitution is treated as a living document (and yes, contrary to what he states, Scalia believes it too when it helps his biased side) anyone appionted to the court will have the power to make decisions that will affect us and our progeny in negative ways.

He view that race should matter in the hiring practices of policemen and firemen alone should exclude her from consideration. That'll be decision #4 of 6 to be overturned by the SCOTUS.

This lady is going to judge not based on the facts or the constitution, but based on what she deems is fair. She already thinks she's more qualified simply because she's a Latina and a woman. How either of those factor into interpreting the US Constitution has yet to be explained to me.

In the end it'll end up being a wash. My beef isn't really with her, it's more so with Hussein's thoughts when it comes to selecting judges. He wants people to rule based on empathy and fairness instead of the rule of law.
Well, at least he warned us he was going to do this.
Reference URL's