Sonia Sotomayer

[Rita]

I think it is especially interesting when one reads what sheactually said:
..http://www.nytimes.com/2009/05/15/us/politics/15judge.text.html?_r=1

and then reflect upon this interchange with Sup Court Justice Alito during his confirmation hearings:

[B]http://www.salon.com/opinion/greenwald/[/B]

.
Thank you gw58!

The Senator Coburn - Alito exchange certainly puts into question anyone criticizing Sotomayer's "empathy" factor if they were supporters of Alito.

U.S. SENATOR TOM COBURN (R-OK): Can you comment just about Sam Alito, and what he cares about, and let us see a little bit of your heart and what's important to you in life?

ALITO: ".................................. And that goes down the line. When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account. When I have a case involving someone who's been subjected to discrimination because of disability, I have to think of people who I've known and admire very greatly who've had disabilities, and I've watched them struggle to overcome the barriers that society puts up often just because it doesn't think of what it's doing -- the barriers that it puts up to them.
So those are some of the experiences that have shaped me as a person. ................................"

.

 

[GoodWitch58]

yes, it is pretty amazing. When a white man says it, it's okay -- a Hispanic woman, not so much!

I really am getting tired of all the name calling!

She appears to be extremely well qualified, and IMO will bring a much needed and important approach to the Supreme Court. She has lived a life many can relate to and she is an outstanding role model for everyone who strives to succeed.

 

[30ashopper]

Interesting, the NYT has a piece today, turns out she may not be a strong proponent of the "right to privacy". She's never ruled on abortion, so no one knows what her views are. If she is an activist, and a devout Catholic, her rulings on that matter could surprise some on the left.

http://www.nytimes.com/2009/05/28/us/politics/28abortion.html?_r=1&partner=rss&emc=rss

 

[Mango]

As long as it "lives and breathes" in a direction you prefer correct? Remember, activist judges can be conservative too. Wouldn't it be better to leave changing its meaning to the people, rather than to a judge's political whims?

I do not think any of us is naive enough to believe that humanistic tendencies or politics does not have some kind of influence in rulings consciously or not, however, in order to be loyal to judicial process, a Justice must consider how their ruling will affect the minority as well as the majority, which is all the people. Therefore, without empathy, how does one affect that outcome? Reread Federalist #10.

 

[30ashopper]

I do not think any of us is naive enough to believe that humanistic tendencies or politics does not have some kind of influence in rulings consciously or not, however, in order to be loyal to judicial process, a Justice must consider how their ruling will affect the minority as well as the majority, which is all the people. Therefore, without empathy, how does one affect that outcome? Reread Federalist #10.

I completely understand Mango the need for protecting minority rights when a majority is interested in violating those rights. The danger of activists judges is not that they might do right by the Constitution in defending a minority group, it is that they may afford rights to that group which the Constituion does not provide. Have you ever known a constructionist or textualist that failed to protect rights of a minorty when those rights were clearly spelled out? I haven't. I do know of a few activists who have manufactured rights out of thin air though which is what concerns me about these types of judges.

 

[goofer]

As long as it "lives and breathes" in a direction you prefer correct? Remember, activist judges can be conservative too. Wouldn't it be better to leave changing its meaning to the people, rather than to a judge's political whims?

SHOPPER

I supported Alito and Roberts when they were nominated as well as Breyer and Ginsberg. I support Sotomayor now. The common denominator amongst these 5 examples is expereience, intellectual heft, knowledge of the law and the constitution, as well as character and integrity. Those are the major factors that need to be considered in evaluating a potential justice's qualifications. I opposed Thomas and Meirs becase I thought they were lacking. I remember Judge Robert Bork' s nomination, and I thought he was railroaded. I did not believe in his judicial philosophy at all but he was a brilliant jurist and he certainly was an intellectual giant. He deserved to be confirmed but ruthless politics destroyed his chances. Diversity on the court is essential especially intellectual and philosophical diversity. The history of the court is filled with great surprises: ( Earl Warren, Hugo Black, Harry Blackmun, David Souter, John Paul Stevens, William O. Douglas ) Sotomayor may fool the experts when it comes to abortion and other hot button issues. You never know !!

 

[Yarmap]

Goofer44---

The only hot button issue for the Dems is abortion--You can bet Obama already knows her feeling on that. She may have empathy for minorities and down troden people of all color but you can bet the farm she want have empathy for an unborn child. If she does the Dems will hang her up and skin her alive even though they don't believe in torcher.

 

[30ashopper]

Goofer44---

The only hot button issue for the Dems is abortion--You can bet Obama already knows her feeling on that. She may have empathy for minorities and down troden people of all color but you can bet the farm she want have empathy for an unborn child. If she does the Dems will hang her up and skin her alive even though they don't believe in torcher.

I wouldn't go so far as to assume Obama is "far left" on the issue of abortion. Similarly he's not far left on gay marriage.

 

[Rita]

I wouldn't go so far as to assume Obama is "far left" on the issue of abortion. Similarly he's not far left on gay marriage.

.
And it doesn't appear that he has used abortion as a litmus test. I commend him on that, if in fact it is the case.

The bishops in our diocese pretty much asked us to use abortion as the one issue on which to cast our votes back in November as Catholics. One issue voting or litmus testing for nominations is not the way to go about selections imo.

.

 

[Yarmap]

Check out Obama's record on abortion. He's voted to have NO restriction on abortion even late term. He does however not believe in same sex marriage.

http://www.lifesitenews.com/ldn/2008/jun/08061010.html