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  #286 (permalink)  
Old 07-16-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by Cari View Post
I agree with you. I don't think she's hiding anything, she's just not a smooth talker. From hearing some of her other speeches, she was probably very heavily coached about keeping her views to herself, and it's difficult for her.

Some people just aren't comfortable in these situations and it comes across as something else. Luckily this particular job doesn't really require to her to have excellent oratory skills.

if you cannot communicate well orally, in a job that DOES require it, that probably explains why her writings have been critisized by her peers.
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  #287 (permalink)  
Old 07-16-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by CYDdharta View Post
If she has such strong personal opinions on an issue that it would show thru in the confirmation hearings, then she probably ought to recuse herself from trying those cases. Its hard to imagine her being able to maintain objectivity in those instances.
To me, that's the whole point of being a judge, it's a job just like my boring secretary one where I have nothing to do but post on forums from 9-5. A person is going to have personal feelings about subjects, there is nothing super human about judges that exempts them from that. A judge should look at the facts before them and make a judgement on those facts whether they agree with them or not. I think that a capable judge is able to make a ruling even if it is contrary to what they may personally believe.

As a potential SCOTUS justice, how does one balance all that and still be perceived as competent, unbiased, and just plain "justicy". It's a fine line that she obviously can't balance, but I don't think that means she can't do the job.
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  #288 (permalink)  
Old 07-16-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by daddio View Post
if you cannot communicate well orally, in a job that DOES require it, that probably explains why her writings have been critisized by her peers.
I mean public speaking on a national scale. I don't think she would have the resume that she does if she wasn't an effective communicator.
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  #289 (permalink)  
Old 07-16-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by Cari View Post
But if she is willing to go on record in front of the senate with her stance on issues that could potentially come before her and SCOTUS, doesn't that pretty much negate any chance of impartiality?

Of course everyone has personal opinions about things, it's impossible not to. But to go on record as already decided on major issues would give her zero credibility.

On the other hand, she's wrecking any credibility she may already have by looking deceitful.

Silly all around I think. Just another dog and pony show, they knew all along she'd be confirmed. She may have made some statements that people don't like, but her record shows that she is a good judge for the SCOTUS at this moment in time. She shouldn't shake up the power structure too much, and the last thing we need is something else in turmoil!!!!
I dont have a problem with a judge having an opinion on some issue. In fact, thats probably something pretty relavent. I just think if a judge cant be honest I dont want them having a lifetime appt to one of the most important positions in the country. Im not hiring her to be PC or appear impartial. Im hiring her to be thoughtful, smart, logical. Shoving someone down my throat doesnt go well.
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  #290 (permalink)  
Old 07-16-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by Cari View Post
To me, that's the whole point of being a judge, it's a job just like my boring secretary one where I have nothing to do but post on forums from 9-5. A person is going to have personal feelings about subjects, there is nothing super human about judges that exempts them from that. A judge should look at the facts before them and make a judgement on those facts whether they agree with them or not. I think that a capable judge is able to make a ruling even if it is contrary to what they may personally believe.

As a potential SCOTUS justice, how does one balance all that and still be perceived as competent, unbiased, and just plain "justicy". It's a fine line that she obviously can't balance, but I don't think that means she can't do the job.

It doesn’t sound even remotely like your job. It doesn’t sound like your job has the implications or impact on the lives of every person living in the district with which they preside over that a judge has. It doesn’t sound like you have a job in which you can pass, much less have a duty to pass, on an assignment to avoid even the appearance of impropriety. You’re, judges should just look at the facts in the cases before them; but they’re still human, and they’re still swayed by their personal beliefs. This can cause them to make unsound judgments, and thus must be kept to a minimum. It’s a fine line that she obviously can’t balance, that means she is not fit for the job.
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  #291 (permalink)  
Old 07-16-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

just curious, when does all the racism end?
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  #292 (permalink)  
Old 07-16-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by htperr6565 View Post
just curious, when does all the racism end?
when she cops to hers instead of running from it. Hows that?
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  #293 (permalink)  
Old 07-16-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by Imperator View Post
when she cops to hers instead of running from it. Hows that?
there's my answer: never!!
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  #294 (permalink)  
Old 07-17-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by htperr6565 View Post
just curious, when does all the racism end?
What racism? For all purposes shes white. She was born in New York, she went to Ivy League Schools. She has white skin. The only reason we know she had parents who came from a country colonized by Spain (thus claiming a hispanic race), was she and her supporters keep telling us. What exactly makes her different from a white person?
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"To take from one, because it is thought his own industry and that of his father has acquired too much, in order to spare to others who (or whose fathers) have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, "to guarantee to everyone a free exercise of his industry and the fruits acquired by it."

-Thomas Jefferson
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  #295 (permalink)  
Old 07-17-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by jviehe View Post
What racism? For all purposes shes white. She was born in New York, she went to Ivy League Schools. She has white skin. The only reason we know she had parents who came from a country colonized by Spain (thus claiming a hispanic race), was she and her supporters keep telling us. What exactly makes her different from a white person?
her veiwpoints. But I see your point.
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  #296 (permalink)  
Old 07-17-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by Imperator View Post
her veiwpoints. But I see your point.
Ok, true, she does specifically argue for hispanic causes. Not all races, just the one she claims to be. By definition, that makes her racist of course.
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"To take from one, because it is thought his own industry and that of his father has acquired too much, in order to spare to others who (or whose fathers) have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, "to guarantee to everyone a free exercise of his industry and the fruits acquired by it."

-Thomas Jefferson
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  #297 (permalink)  
Old 07-17-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by jviehe View Post
What racism? For all purposes shes white. She was born in New York, she went to Ivy League Schools. She has white skin. The only reason we know she had parents who came from a country colonized by Spain (thus claiming a hispanic race), was she and her supporters keep telling us. What exactly makes her different from a white person?
Since when is being born in New York or going to an Ivy League school a credential for being considered white?

I think she's identified as being latino because she has a latino bloodline with 2 fully latino parents, grew up in a latino community, etc.

Arguing that she's not a latina is preposterous.....arguing that she's not "hispanic" is to engage in a technical argument over word origins and their common misapplication to our modern vocabulary.
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Last edited by TheLastBoyScout; 07-17-2009 at 11:20 AM.
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  #298 (permalink)  
Old 07-17-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

Just out of curiousity, what questions would each of you ask Judge Sotomayor if you were on the Judiciary Committee?

Mine would be:

1. Judge Sotomayor, in determining the Constitutionality of a statute, do you believe that the meaning of the constitution can change in such a manner so that what was once clearly understood by society at large, based on centuries of practice and tradition to be permitted by the constitution has nevertheless become unconstitutional merely as a reflection of the your views as a judge of what comprises "the evolving standards of decency which mark the progress of a maturing society", rather than through the Article V Amendment process?

2. Do you believe that when a particular interpretation of the constitution would render a long standing tradition or custom of our society unconstitutional, it is the interpretation that is brought into question, or the long standing tradition or custom as a matter of law?

3. What are the principles you would adhere to as a Supreme Court Justice in when and how to apply the doctrine of stare decisis

4. Do you believe it is appropriate to site foreign court opinions in determining the meaning of the United States Constitution or statutes, and how would you weigh them in applying treaty language when they conflict with the stated interpretation of that language by the government of the United States?

5. Do you accept under stare decisis the general principle that the 14th Amendment incorporates the Bill of Rights against state governments, and if so, on what textual basis, if any, would you as a justice accept as indicating that some, but not all of the rights granted in the bill of rights are incorporated equally?
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  #299 (permalink)  
Old 07-17-2009
Secretary of Defense
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Re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Sen. Orrin Hatch, R-Utah: "One constituent asked whether you see the courts, especially the Supreme Court, as an institution for resolving perceived social injustices, inequities and disadvantages. Now, please address this both in terms of the justices' intention and the effect of their decisions."

Sotomayor: "No, that's not the role of the courts. The role of the courts is to interpret the law as Congress writes it. It may be the effect in a particular situation that, in the court doing that, in giving effect to Congress's intent, it has that outcome, but it's not the role of the judge to create that outcome. It's to interpret what Congress is doing and do what Congress wants."
This is the problem with the scotus in general. They let slavery run for 100 years, as well as many other obviously flawed social norms. Brown vs Board of Education is one of the very very very very very very few cases where they ACTUALLY acted to correct an injustice. It will probably take at least 200 more years before the scotus decides on behalf of the citizens of the US instead of the politicians and corporations.

The problem with the judicial system, is that once a bad idea gets legal momentum, it then has set precedent which is hard to overturn. Then that precedent results in further reinforcing precedents, and then eventually Stare Decisis which can be just more of the same bad idea repeated and repeated and legally reinforced over and over.

I was sad to see how little mention was made about the constitution. It was all about whether Sotomayor recognizes the power to make laws is congress's power, and not a Judge's. She was very clear that it is only a judge's role to decide the intent that congress intended when examining a certain law. That's fine as PART of what a judge does. But it is ALSO a Judge's power to decide whether a law is constitutional. That discussion was 100% missing from at least the 3-4 hours I saw of testimony/questioning. When congress passes a bad (unconstitutional) law, it is HER job to invalidate that law as a Justice on the scotus.
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  #300 (permalink)  
Old 07-17-2009
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Re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by TheLastBoyScout View Post
Since when is being born in New York or going to an Ivy League school a credential for being considered white?

I think she's identified as being latino because she has a latino bloodline with 2 fully latino parents, grew up in a latino community, etc.

Arguing that she's not a latina is preposterous.....arguing that she's not "hispanic" is to engage in a technical argument over word origins and their common misapplication to our modern vocabulary.
Latino is not a race. Its a geographical and cultural term. Race is not even a real term anymore. For all purposes she "racially" caucasion and culturally american. Playing up her parents place of birth is just politics and has no place in judging the law.
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-Thomas Jefferson
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