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  #136 (permalink)  
Old 05-27-2009
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Re: Obama picks Sotomayor for Supreme Court

Quote:
Originally Posted by Maat222 View Post
I disagree with your interpretation.

She did not say the court was there to set policy, but the reality was that the court does set policy in real life practice.

And having a particular gender/race bias experience does NOT mean she would be applying the law unequally, but that she would know more first hand about how harmful it is when law is applied unequally, and would be more careful to avoid that.

For instance, in the CA case where the courts just ruled against gay marriage, a more sensitive judiciary would realize that it is the function of the courts to protect minorities from mob rule.
Well, I'm not sure where you are coming from here either willfully blind or in denial. I made no interpretation. She said the things quoted. She said the court was there to set policy in those exact words. But regardless, you have a strange view of the role of the judiciary. While there are some judges that try to set policy, that is not their role and in many cases they are overturned by higher courts because of their misinterpretation of their role. I suppose many would take issue with a SCOTUS nominee who thought that they should set policy with regard to abortion to protect the unborn minority who has no voice. Can you see the slippery slope you tread upon?

She said that she thought her gender and ethnicity would allow her to make better decisions than another gender and ethnicity. I've seen those kind of words before but they were on a skin head website. I think if you substituted her racist comments with white - male, the liberals and the press would be worked up into foaming mouthed tizzy.

And the courts is CA did not rule against gay marriaige. They ruled against a suit that tried to circumvent the law and go against the will of the people. You can call it mob rule if you like but in my country, we are still a nation of laws and the court is there only to determine that they are followed...not to set policy or to be sensitive to any one group.
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  #137 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by TheHighForester View Post
According to NBC News, during the years that Sotomayor has served on the federal bench, first as District Court Judge and more recently as a member of the Court of Appeals, more than 400 of her decisions have been reviewed by higher courts. Of those 400, only three have been overturned--all on "technical" grounds. If the NBC report is accurate, that would suggest that her "judicial philosophy" is has not led her to make decisions which are at odds with the prevailing view among other federal jurists, or the US Supreme Court.
yes it appears so. 3 of 5 of her decisions brought to the SC, were over turned.


Quote:
I think that the Republican attention-seekers are going to have a hard time getting anything concrete from her past judicial performance to use against her, and they will alienate not only Hispanics but virtually everyone else who believes in giving the nominee a fair hearing if they are not VERY careful.
Yes well of course they have to be careful because you can bet that any question not passing the msm sniff test will be showcased as unfair or intrusive. Ginsburg hid wholesale behind the old; I cannot comment on cases or issues that may come before me mantra, while Roberts was beat up over stare decisis as it applies to abortion etc. She was confirmed 97-3, Breyer 87-9, Roberts in the one of the narrowest votes for a Chief justice 78-22, Alito, 58-42, Thomas 52-48.

Further, Alito got the shit kicked out of him, filibuster threats from good ole Joe and Obama notwithstanding I didn't hear many banging the “pile on” or “unfairness” gong when this was going on, to say nothing of Thomas or Bork, or Estrada ala his appellate position and his withdrawal ).
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  #138 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by Mrs. M View Post
I know the history, thank you.
well the history is strongly conflicting with your attempted viewpoint here, despite your attempt to ignore the more elaborate argument and focus on the more general weaker one.
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  #139 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by Jason Marcel View Post
It's an interesting irony, since the life story of Clarence Thomas was a big selling point for him as a nominee. He was also a concrete living example of the American Dream, and no one disputed that. It was his conservative values, lack of experience on the bench and then finally the sex scandal that got him into trouble.
Yep, good ol' Clarence Thomas the "originalist." Can you imagine what would've happened if he were on the SCOTUS during Brown vs. Board of Education instead of Marshall?

Quote:
Thomas: There's nothing in the Constitution that prohibits school segregation. Separate but equal should be reserved to the states
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  #140 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by mudwhistle View Post

Portugal is also derived from Latin like Spanish is as well.

.
As is Italian, French, and Romanian.

Sorry. A Hispanic is generally someone with roots in Spanish speaking Latin America. Sometimes it extends to Spain as well, but not usually, and never to someone from Portugal, especially with that degree of separation.
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  #141 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by htperr6565 View Post
well the history is strongly conflicting with your attempted viewpoint here, despite your attempt to ignore the more elaborate argument and focus on the more general weaker one.
History is conflicting with my "attempted viewpoint"? What viewpoint would that be? That mechadave is wrongly saying that there are no Hispanic Jews?
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  #142 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by Donkey_Left View Post
As is Italian, French, and Romanian.

Sorry. A Hispanic is generally someone with roots in Spanish speaking Latin America. Sometimes it extends to Spain as well, but not usually, and never to someone from Portugal, especially with that degree of separation.
Actually, it's as simple as people referring to people from Portugal as Hispanic.

"Hey, look at the Hispanic guy from Portugal"

Done and done.
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  #143 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by Donkey_Left View Post
Well here is your problem.

It certainly can. I don't need to repeat what O'Sullivan has said. He is correct on this subject.
I don't wish to argue the definition of "Hispanic". Especially with somebody who's got the Columbian flag as a secondary flag...

All I'm saying is that Imperator made a valid point.

People seem to be valuing and celebrating this precedent for precedent's sake. The concern should be on whether Sotomayor will be a good justice.

Obama did a terrific job to ride to the top while not highlighting his African-American-ness. It made the precedent more of a formality. If Sotomayor has done/is doing the same, I applaud her.
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  #144 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by wiggidy View Post
Actually, it's as simple as people referring to people from Portugal as Hispanic.

"Hey, look at the Hispanic guy from Portugal"

Done and done.
I was going to be mean and say "hey look a moron from Ohio," but then I realized that it would easily apply to me too.


Truce?
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  #145 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by Mrs. M View Post
History is conflicting with my "attempted viewpoint"? What viewpoint would that be? That mechadave is wrongly saying that there are no Hispanic Jews?
i assume you are purporting that Cardozo was hispanic, and you aren't just nit picking here?

correct me if i am wrong.
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  #146 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by wiggidy View Post
Actually, it's as simple as people referring to people from Portugal as Hispanic.

"Hey, look at the Hispanic guy from Portugal"

Done and done.
offer the board a definition of hispanic.
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  #147 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by htperr6565 View Post
i assume you are purporting that Cardozo was hispanic, and you aren't just nit picking here?

correct me if i am wrong.
I have not mentioned Cardozo so I'm not sure why you're assuming anything of the such.
As for nitpicking, nope, just wondering if mechadave honestly believes that there are no Hispanic Jews, especially after asking someone else if he can ever admit to being wrong.

Quote:
Originally Posted by mechadave:

Can't you ever admit that you were wrong?

Jews aren't Hispanic by any stretch of the imagination. Get off of it.
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  #148 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by TheLastBoyScout View Post
All I'm saying is that Imperator made a valid point.
Valid in what sense of the word?
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  #149 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by Donkey_Left View Post
Valid in what sense of the word?
Logically. It was a logical point to make. It doesn't win an argument or prove a theorem, but it was a logical point.

But I'm getting out of the argument because it seems to have turned emotional. Ethnic labels are sometimes more about desired identity or differentiation than they are about logic.

We start by accepting a different premise in the matter, so we obviously can't agree. Fine by me. I'm unemotional and unmotivated to argue about a label that is subjective by nature.....and I think that Sotomayor appears to be a great pick, so I have no motive to diminish the historic nature of her upcoming confirmation.
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  #150 (permalink)  
Old 05-27-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

In other news, I rarely bother to get offended on my own behalf, but Mike Huckabee calling her "Maria Sotomayor" just might do it.
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