“I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn’t lived that life.”
- Supr
eme Court Nominee, Sonya Sotomayor
This statement on its face should cause all American’s grave concern. Just change one word … replace the word “Latina” with “White” and the word “white” with the word “Latina” and the main stream media would completely eviscerate the nominee charging racism, lack of sensitivity, poor judgment and surely much worse.
In a 2005 panel discussion at Duke University, Sotomayor told students that the Federal Court of Appeals is where “policy is made.” She said:
“Court of Appeals is where policy is made. And I know, and I know, that this is on tape, and I should never say that. Because we don’t ‘make law,’ I know. [Audience laughter] Okay, I know. I know. I’m not promoting it, and I’m not advocating it. I’m, you know. [Audience laughter] Having said that, the Court of Appeals is where, before the Supreme Court makes the final decision, the law is percolating. Its interpretation, its application.”
As a judicial activist, she jokingly admits “making policy” from the bench. I ask what about separation of powers, The Constitution of the United States and limited government. The Supreme Court and the Justice System is charged with applying and interpreting the law, not making the law. It makes me feel, as a citizen, pretty sour to hear this level of cynicism or sarcasm when referring to the role of the courts, particularly where it is diametrically opposed to the Constitution.
On Face the Nation, this morning, Senator Dianne Feinstein said that there is only one word that is wrong with the first quote; the word is “better” … and she says she feels like she knows what she meant and then goes on to not actually say what she felt she meant. I don’t know what she meant? I can only read or listen to what she actually says in the context of what she says. Feinstein then goes on to pontificate about what a great story she has referring to her life, her environment, accomplishments and career. While I am sure that the life of Sotomayor is a great and compelling story, it has little to do with choosing the very best Supreme Court Justice available; Latina, White, Black, Jew, Gentile, Atheist, Man or Woman. There are many great and compelling life stories. These factors should have nothing to do with the choice simply because all have a great life story with long and distinguished careers.
Sotomayor will surely be confirmed. Democrats will rubber stamp President Obama’s choice and not take on their Constitutional responsibility to “Advise and Consent.”
If Judge Roberts was confirmed who said the Supreme Court should be a neutral umpire, then how can we not have serious, sober debate about statements that are complete contradictions to Constitutional Law and the words of existing confirmed Justices. This is not to say that there cannot be differences between Justices; however, we are talking here of basic elements of the Constitution that cannot / should not be debated appropriately, unless, we were to call for a new Constitutional Convention.
Possibly more importantly, what does this nomination say about President Obama? President Obama used the word “empathy” or being able to put yourself in someone else’s shoes as an important consideration in his choice. There is no elaboration from Obama. But when Sotomayor said in her writings that she felt in most cases people cannot be expected to rule out their background in judging cases, you cannot ignore linkage from President Obama’s statement on empathy in his choice.
In Obama’s weekly radio address, he warned against a long confirmation battle and urged consideration of her qualifications, background, etc and not prolong Senate approval. However, Senator Obama led the filibuster attempts against the nomination of Judge Alito who clearly had the background, qualifications et al. Senator Obama argued against the idea of just rubber stamping the President’s choice just based on intellect and “whether or not he is nice to his wife.” So we have the latest example of double standards, cheap politics, and hypocrisy coming from Washington. Change you can believe in … yeah, sure.
It is chilling to this writer how radical this President has proven to be.
So, what do you think of this nomination and what do you think this says about President Obama? Your comments are welcome … always.
Arthur Cooper
In a speech at a fundraiser in Beverly Hills last night, President Obama emphatically affirmed his policies and approach telling the friendly and exuberant audience that we have stepped back from the brink referring to the economy. Seeming to believe that the news is better, Obama rallied the crowd by saying “you ain’t seen nothing yet.”
As you realize, I am very concerned about the direction of our country. The ever-growing power of the state reaching into our wallets, our bedrooms and who knows what else is diametrically opposed to virtually everything I ever learned about the US Constitution and what truly has made our country the greatest in the world.
About 2 weeks ago, live from Washington DC, Barack Obama starred in what was called his 3rd prime time news conference. All of the major networks covered it, something they never did for his predecessor, but have and will always do for their beloved new star of the media.