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Today's Nuze

"Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some men at the expense of others."

Ayn Rand

Nobody's listening.

SOTOMAYOR

By
Neal Boortz
@ June 1, 2009 8:51 AM
Permalink | Comments (38) | TrackBacks (0)

Gotta study this one. Didn't hear about the appointment until I reached civilization late Friday. I do know this. If I was to say that my status as a white male would give me any advantage at all as a Supreme Court Justice - say, for instance, because white males wrote the constitution - I would be dog meat. But ... Sotomayor is a minority. Different rules.

No matter .. she should be confirmed. She's Obama's choice, and unless something criminal or truly horrendous shows up, there should be no filibuster and the Senate should confirm her. Let's hope Republicans don't act like Democrats on this one.



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What others are saying

  • As usual Copy only part of the story
    factcheck admits they have not analyzed her lower court rulings. The 5/3 sent to the Supreme Court analysis were only those she wrote herself, not analyzed were those she voted on at appellate level which also would indicate her "direction". I would love to see those numbers.

    So we still don't have all the facts. Nice try.
  • My point isn't on her as a person but the whole white male angle of diversity (pt2
    ------------------------------------------------------------------------


    So statistically speaking, it's not that unusual that it's taken this long for a latina to be nominated to SCOTUS. If we accept the statistic that nearly 90% of attorneys are Caucasian, the composition of SCOTUS as it is now [88% of Justices are Caucasian] really isn't all that remarkably racially discriminatory.

    And consider also the fact that we usually pick from the pool of judges not the pool of practicing attorneys. The statistics above don't tell us whether the diversity among judges is on par with the diversity among attorneys [and I think that's unlikely]. So if we guess that the population of judges is less diverse than the population of attorneys, then less than 3% of all judges would be latino -- not a big pool of candidates from which to choose.

    So similarly, I wouldn't think it's odd that there isn't an Asian SCOTUS justice because the percentage of Asian judges is so small since [in all likelihood] less than 2% of all judges are Asian.

    We should also consider that the diversity in SCOTUS can only increase as a consequence to diversity among judges and attorneys. And so, the claim that the Court has been a 234-year institution of white-bias is incorrect, because 234 years ago the diversity among judges and attorneys was not what it is today and therefore Supreme Court selection couldn't very well choose latino candidates even if it were non-biased.

    Regarding gender-bias... Assuming that the gender demographics among judges and attorneys is the same [75-25], then SCOTUS candidates would be chosen from a pool that is 25% female and it would follow that [if SCOTUS selection isn't gender-biased] SCOTUS too would be 25% female. In fact, it is [except for recently]. For a while there, 22% of sitting Justices were female. When Alito came on, there was a gender-bias on the Court, but if Sotomayor's confirmed, the Court's accurate gender-representation will be restored.

    It's actually much more unusual that there haven't been more Supreme Court Justices from California [there have been many from NY].

    I want to be clear that diversity on the Bench is a great, great thing. It's just that I'm not particularly surprised that it took this long. If less than .25% of judges identifies themselves as Native Americans who grew up on a reservation, I wouldn't think it's odd that SCOTUS has no Native Americans sitting on the Bench. I would actually believe it to be more odd if the representation of minorities in SCOTUS grew faster than the diversity among attorneys and judges.

    For instance, it would be odd if Asians represent only 2% of all judges yet represent 88% of Justices in SCOTUS. Very odd -- and equally discriminatory.

    To increase the diversity in SCOTUS, increase the diversity among attorneys and judges.
  • My point isn't on her as a person but the whole white male angle of diversity
    1. First part, statistics from American Bar Association [reported by WiseGeek.com]

    2. Second part, discussion by me.


    ------------------------------------------------------------------------

    * There are currently 1,116,967 lawyers practicing in the United States.

    * That is approximately one lawyer for every 300 people, or approximately .36% of the total population.


    * 75% of lawyers are male, 25% female.

    * Caucasians make up slightly fewer than 90% of all lawyers.

    * Blacks make up 4% of all lawyers.

    * Hispanic lawyers comprise 3% of all lawyers.

    * Asian lawyers are the least represented at 2% of the total number of lawyers.

    * These statistics are in flux however. In 1996, for example, Caucasians represented 96% of all lawyers, suggesting that lawyers from minority populations are increasing.


    * 75% of all lawyers work in the private sector.

    * About 8% of lawyers are employed by the government,

    * less than 1% work as public defenders.


    * California and New York each have over 100,000 lawyers representing the two states with the highest numbers of employed attorneys.

    * Illinois has the third highest number of employed attorneys, over 60,000.

    * The District of Columbia, Massachusetts, Florida and Pennsylvania currently have over 40,000 lawyers in each area.


    * The District of Columbia has by far the highest concentration of lawyers...

    * New York City, San Francisco, Los Angeles, and Boston all have a high number of lawyers per city.


    * Approximately 3% of lawyers work as judges.
  • HALF BAKED
    She has been overturned 60% of the time. Who wants to pay someone who is wrong most of the time? Oh yeah... Obama!!!
  • Just say no
    to SOETEROmayor
  • Has To Be A Joke!
    How can a misandrist racist skank like her be confirmed for a lifetime appointment to the so-called Supreme Court?

    This just stinks! At least Bush's SC appointments had merit!
  • To: Joyce
    You want facts? No problem!

    "Of the majority opinions that Judge Sonia Sotomayor has authored since becoming an appellate judge in 1998, three of her appellate opinions have been overturned by the Supreme Court.

    Our search for appellate opinions by Sotomayor on the LexisNexis database returned 232 cases. That's a reversal rate of 1.3 percent.

    But only five of her decisions have ever been REVIEWED by the justices. Using five as a denominator, the rate comes out to 60 percent... OF THOSE THE COURT REVIEWED."

    http://www.newsweek.com/id/199955
  • not the time to hide under the bed
    So Republicans step aside for a democrat nominee, but democrats get to throw huge roadblocks in front of any Republican choice? No, sorry, it's become too serious to allow that kind of double standard anymore. Obama may only be up there for four years. Sotomayor could do damage to our country for the next thirty years. This is the chance for Republicans to speak out for the constitution loud and clear while the public is watching. If the GOP wants any hope for 2010, we the voters need to see some spine now. Sotomayor may have the votes no matter what, but we don't need to just give up.
  • sad
    She'll be confirmed although she shouldn't be.

    I don't care if you're a Republican, a Democrat, or a Mullah; if your rulings aren't derived from the constitution, then you shouldn't be considered.
  • Sotomayor
    Her comments on being better than a white man doesn't bother me nearly so much as her suggestion that the 2nd amendment may not be binding on the states. My thought was....now the states get to choose what parts of the Bill of Rights they will follow...
  • OH! BY THE WAY............
    in case any of you have forgotten, here are the rules to be followed when osamabama appoints someone.

    you play by the rules that i say are the rules...............cracker!!!! yeah i know he hasn't said those words in public...........yet. but when he found out he was just made CEO of gm he more than fist bumped his date in nyc. at our 'xpence!!!

    when i get screwed i usually like a kiss or at least a reach around. not with this ass 0.
    0=hole

    if you haven't noticed i quit using DRIP. why bother.
  • Sotomayor wants felons to vote. No joke.
    Supreme Court nominee Sonia Sotomayor wants to give jailbirds the right to vote. It’s her opinion that the federal Voting Rights Act can be used to force states to allow voting by currently imprisoned felons. Ms. Sotomayor’s dissenting opinion in a 2006 felon-voting case should make senators extremely wary of confirming her for the high court.

    Another reason to FIGHT, Neal.
  • Da Judge
    Racist?
    Rush Limbaugh won't shut up about it. His inuendo is filtering up into the mainstream media. That's the source of this controversy, hopefully the congress will be smart enough to just do their job!
  • What 2nd amendment?
    Yes, we all know Sonamayor is a racist and a judicial activist. But did you know that she actually rendered a decision from the bench claiming that the constitution does NOT guarantee a right to bear arms? I don't know what part of "SHALL NOT BE INFRINGED" she doesn't understand, but she claimed that states have an unlimited right to control arms that supercedes the Constitution. (So does that mean slavery is up to the states, too? I thought we fought a war over that.)

    I couldn't believe it, but my own Republican Texas Senator Cornyn, is not only not planning to fight this nomination, but he's advising his colleages to do the same. The few Republicans left seem determined to prove why they are now barely have enough votes to filibuster.

    I can tell you this -- If there's not a better choice in the primary next time, I'll abstain before I'll vote for a senator without the nads to take on this fight.
  • she's in.......
    ok. here it is.

    osamabama said "I wants her" so it's a done deal. get over it!

    we as a nation are done! we will follow the greeks and romans over the edge of the cliff into the valley of the irrelevent. happy landings dumbasses!

    oh, by the way, the war on poverty,drugs and stoopidity......we lost!
  • WHAT????
    Copy, quit smoking dope man. Where are your facts????
  • Time to pick a fight
    I can think of many reasons to fight this nomination and none to roll over.

    PrezBo himself set the rules when he said Roberts and Alito were qualified and opposed them (or maybe just Alito?) on political grounds. If it isn't fair to apply His own rule when can we oppose a nominee?

    By both word and deed she has shown herself to be a bigot. If the Party of Lincoln is no longer willing to oppose bigotry we should just disband the party and start a new one.

    The only reason proposed for letting her slide unopposed is the worn out 'hispanics will hate us' line. Sorry, if they wouldn't support McAmnesty pandering more isn't likely to get their vote, so why not try something new? I propose principles and the courage to stand by them.
  • Soto & Taxes
    Let's hope she doesn't have any tax problems...that seems to be the "kiss of confirmation" for an Obama nominee!
  • I'm sick of it
    I also am sick of always trying to prove that Republicans are better than the Dems. We conservatives need to start showing we can be just as big a horse's butt as they usually are. Let's start showing them how the game is really played. They always get away with being obstructionists yet they tell us we'd better not go down that road if we know what's good for us. I say stop this woman at any cost.
  • The Race
    So Sotomayor is a member of La Rasa. This translates to "the race". Some say a Latino racial supremacy group with links to groups that want the south western U.S to become part of Mexico. In other words Sotomayor would have felt right at home with Amnesty Mccain and his dealings with La Rasa, had Mccain become president. I mean seriously could a black or white racial supremacy group get anywhere near the white house, much less have a member become a supreme court judge? America is coming to an end unless we get real conservatives elected to save it. Ron Paul anyone?
  • To: Chuck
    You need to do a bit more research, Chuck.

    The Supreme Court only hears cases that are likely to be overturned. EVERY appellate court judge whose rulings are reviewed at the Supreme Court level has a majority of them overturned. Heck, Alit's rulings had a 100% overturn rate!

    There's a special term for appellate rulings that are approved by the Supreme Court: "denial of petition." If the Court rejects or refuses to hear the case, they approve of the ruling. The only ones they HEAR are those that are in question.

    If you want an appellate judge whose rulings have never been overturned at the SC level, it's easy: find one who's never made any rulings.

    Jeez, folks, how many indicators do you need that you're not getting the complete, truthful story when you listen to talk radio?
  • Hate to disagree Neal, but...
    Sotomayor should be challenged/stopped at all costs. She has proven her racist and sexist views, along with her contempt for the rule of law and the Constitution.

    By her own words, she has fully disqualified herself for the nation’s highest court, much less the one on which she sits at the moment.

    She will be confirmed, and will serve as an object lesson against electing anyone remotely like Obama again. And any RINOS voting for her should be targeted by the RNC for removal from office.
  • Try this...
    Take her wise Latina comment and insert "black male" in place of "white male." If the revised version wouldn't fly, then make anybody who would defend her statment explain why the original comment is acceptable. Better yet, make her do so.
    Racism is racism, despite any claim that minorities lack the power to be rascist. It's not power thought makes a rascist, it's thought. But those in favor of "hate crimes" legislation will also be the ones supporting Sotomayor.
    One more parting thought: the BEST ratio I have heard was her findings had been reversed in 3 out of 5 cases that were appealed. ( I have also heard "5 out of 6" and "8 out of 9" - so much for "fair and accurate" reporting.) If any of these is factual, is President Obama telling us this makes a person qualified to sit on the Supreme Court? He couldn't find a single federal judge who had not been overturned on Constitutional grounds?
  • Attitude sickens me
    The poster Eric below took the words right out of my mouth. I am so tired of this attitude of "well, we need to not act like Democrats and be nice...." Yeah, that has worked so well in the past, huh???? The irony of it all is, even when we do act "nice", the Dems don't even give us credit for it. They still paint us the same way as if we would've gone on the attack. That said, why on Earth would you act nice then??

    I am for the scorched earth policy. We need to destroy them. They open their traps and complain about something, we shut them and beat them down immediately instead of apologizing. They want to employ the strategy of personal destruction, we destroy them. When they went after the personal lives of Palin and Joe the Plumber, why didn't we get some PI's to look into the dirty lives of Olbermann, Matthews, and any other reporter who was so gung ho at destructing the personal lives of these people?

    You think being nice is the way? The only way is to beat them 10 times as hard, just like when fighting the terrorists. Only then they will understand.

    As Sean Connery said in the Untouchables: "They pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue. *That's the Chicago way! And that's how you get Capone."

    Hussein should understand since he is from Chicago.
  • No Way
    Neal the more I read about this person, the more she disqualifies herself. She is the eptomie of an activist judge who feels that it is her duty to legislate from the bench. She will only serve to help Obama further destroy our Constitution.
  • Sotomayor
    If a white woman nominee were a member of ALIPAC or FAIR, would she be called a racist?

    My guess is yes and she would be disqualified.
  • Richness of experiences...
    Many of you will be pleasantly surprised when the "richness of experiences" pays off big time for this country. Just imagine cases like "The People vs. Pollo Tropical". What white man could possibly know how much Mojo to put on chicken or the difference between a green plantain and a yellow one.
  • Sotomayor
    Sorry, but I'm afraid I have to disagree with Boortz on this one. This isn't a choice between valid judicial philosophies. Rather, the Senate is being asked to confirm to the highest court in the land someone who HAS SAID she won't do her job. We have enough such judges and justices already, not to mention congressmen and presidents who aren't properly doing their jobs. We don't need to further enshrine this behaviour. Every effort needs to be made to defeat this woman, and if it's not possible, to demonstrate why she should have been defeated.
  • As much as some comments...
    ...may lead people to believe she is a terrible choice for a Supreme Court Justice, there is nothing in the Constitution that says she shouldn't be appointed, barring we citizens calling our representatives in Congress to let them know our disapproval.

    After all that is what was done on the Republican side when Harriet Miers was nominated by President Bush.

    Keep in mind this is a replacement for Souter who for the most part votes with the left on his judgements. This would be a greater tragedy if it was to replace a justice that acts more within the bounds of the Constitution.
  • The logic here escapes me
    I am sick of this thing where a Republican nominates a justice and the media goes nuts, but when a Democrat nominates a justice, we get told "well, its their pick, we shouldn't filibuster". MULE FRITTERS!

    The President gets to nominate justices with the advice and consent of the Senate. Thats the exact logic we get thrown in our face with every Democrat filibuster of a conservative justice. Why do we have to be the ones to bend over and grab the ankles every time, and just sigh and not fight.

    This is somewhat reminicent of those who argue that no matter how badly our prisoners are treated we should never, ever waterboard Al Queda suspects because of some damned treaty that no one obeys but us. But we signed it so we are going to obey it no matter what anyone else does.

    There is a time to fight fire with fire. Now is the time. If those who would destroy the values and beliefs that this country was founded on use loopholes and Congressional proceedure to further their agenda, then we must play the game too, even if we didn't make the rules.
  • Backbone
    Are you kidding me, Neal?

    This nominee should be nuked off the witness table the first chance the Republicans get.

    From your note, it sounds as though the Senate Repubs should "go along to get along". What a spineless thing to say!

    She shouldn't even be voted out of the committee.
  • Confirmation
    Boortz, if not on this horrendous pick, then exactly when should the Republicans stand up to the dems? This woman believes in the Kelo decision, racial quotas, has no regard for the Constitution and feels it's OK to set policy from the bench.
  • No filibuster, but still vote against her
    Boortz, while I don't support the idea of filibustering her nomination, I think senators should vote their conscience on whether or not to accept her based on past rulings. Any decent conservative in congress should vote against her, and make their position known.
  • I'll be glad
    when this is over. We can't stop it and I'm sick of hearing about it. If they do find something, then great, we can fight.

    side note: NCchik great post on HotAir
  • Neil is wrong on Sotomayor
    Neil wrote, "No matter .. she should be confirmed. She's Obama's choice..."

    I agree with Mark, "Stop acting like Democrats" This woman has no business being a judge. She is unwilling to try cases fairly and according to our constitution.
  • going hard left
    With an appointment like this, the US is in a full speed turn to hard left... unless Libertarians and conservatives awake.
  • Racist
    Is it wrong to ask her to withdraw since she is a member of LaRaza? Would it be different if the nominee was a member of KKK? What about National Communist Party or CAIR?
  • Duty
    The "oh well" attitude of some politicians and pundits scare me. This is a lifetime appointment! This effects your freedoms! I would think some would take this a little more seriously when it comes to fully questioning her. Stop acting like Democrats!
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