"But Judge Sotomayor will almost certainly prove to be sharp and charming, intelligent and witty — because that's what federal appeals court judges are trained to be, and she has been on the bench a very long time. Cryptic references to her temperament by retired clerks eager to be "in the mix" are the worst sort of gossip-dressed-up-as-journalism, and simply lower expectations which she will easily meet and exceed. The judge is obviously a bright and accomplished professional with an enormously appealing personal story which resembles that of Justices Thomas and Alito. This is a great country that allows anyone who works hard to rise, and some to rise spectacularly as has Judge Sotomayor," – Hugh Hewitt.
Month: May 2009
The World’s Worst Unicorn Tattoos
Wait, there's more!
The Conscience Of A Conservative
Republican legal icon Ted Olson joins the federal suit to overturn Prop 8:
"It is our position in this case that Proposition 8, as upheld by the California Supreme Court, denies federal constitutional rights under the equal protection and due process clauses of the constitution," Olson said. "The constitution protects individuals' basic rights that cannot be taken away by a vote. If the people of California had voted to ban interracial marriage, it would have been the responsibility of the courts to say that they cannot do that under the constitution. We believe that denying individuals in this category the right to lasting, loving relationships through marriage is a denial to them, on an impermissible basis, of the rights that the rest of us enjoy…I also personally believe that it is wrong for us to continue to deny rights to individuals on the basis of their sexual orientation."
I've long believed that this issue can and does transcend partisan boundaries, as all civil rights matters do. But I'm a little discombobulated by finding myself now to the right of Olson on marriage equality. As the world turns …
Sotomayor Rope-A-Republican-Dope
Rush hams it up. And Mark Krikorian does his duty:
“Putting the emphasis on the final syllable of Sotomayor is unnatural in English… and insisting on an unnatural pronunciation is something we shouldn’t be giving in to.”
Sotomayor On Abortion
There isn't much of a record. Dan Gilgoff, Steve Waldman, and Rod Dreher speculate. Waldman:
[I]t's interesting that in the two cases we know of that related partly to abortion, she took the position that pro-life groups would have wanted (albeit for reasons unrelated to Roe v. Wade). At a minimum, these cases would seem to indicate that, if she is pro-choice, she didn't let those views affect her view of the relevant law.
And Limbaugh Howled
This line by Sotomayor has gotten a lot of press:
“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion [as a judge] than a white male who hasn’t lived that life.”
Greg Sargent finds the full speech from which that quote is taken:
Read in context, it’s clear that Sotomayor was merely saying that it’s inevitable that a judge’s personal race-based and gender-based experiences will impact judging, particularly in race and sex discrimination cases.
As a result, she said, while such formative experiences can be enriching and contribute to wise decisions, a judge should also be aware of them in order to avoid being wholly dominated by them. She vowed “complete vigilance in checking my assumptions, presumptions and perspectives.”
“I can and do aspire to be greater than the sum total of my experiences, but I accept my limitations,” she said — the opposite of what critics claim she said.
Dreher admits he was wrong.
The Question Of The Hour
Reihan wants to know where Sotomayor stands on executive power.
The Substance
Hilzoy points to and comments upon a series of posts (1, 2, 3, 4) at SCOTUSBlog on Sotomayor's record. The blog also addresses the much discussed Ricci case:
Judge Sotomayor’s detractors will have a hard time making the case that her work is anything but thorough and thoughtful, based on a reading of the bulk of her opinions. This may, however, make the Supreme Court’s decision in Ricci all the more important in the coming debate. The Court’s review of the decision will provide those involved in the public debate with a seemingly objective measure of the quality of her work.
The View From Your Window
Fishers, Indiana, 7.19 pm
Could China Weigh In Now?
Fred Kaplan wonders about North Korea's nuclear test:
Chinese have no desire to see North Korea develop an effective nuclear arsenal. Like the Soviet Union during Cold War days, China doesn't want subordinate powers to acquire independent means to make mischief. China also fears that a nuclear-armed North Korea might compel Japan to go nuclear, which would pose a threat to China in the long run. When North Korea set off its first nuclear test, the Chinese were clearly frustrated but didn't extend their harsh words to action. It's conceivable that this second test, especially in the wake of the missile test—both of which violated Security Council resolutions that China endorsed—could alter Chinese calculations. In the past, the Chinese have put their narrow national interests above the interests of regional security and nuclear nonproliferation. Maybe this latest move will tip the scale in the opposite direction.
The Dish 