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  #91 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by Imperator View Post
anyway....just thought I would get this out here as the debate goes on....


The Judicial Oath, for all Federal Judges and Justices:

"I, _______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

In addition, each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office. Section 8 of the Judiciary Act of 1789, as amended in 1990: "I, __________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (name of position) under the Constitution and laws of the United States. So help me God.”
there is a reason why oaths are intentionally meaningless.
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  #92 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by Imperator View Post
so uhm, is this a faux pas?

YouTube - Judge Sonia Sotomayor: Court is Where Policy is Made



She tried to back water and is well appears nervously flip, in other words she maybe uhm should not have said that?
What she said is actually just the truth.

Appellate courts on the federal and state levels decide over 90% of the case law of the federal or state governments and their decisions are by far the final arbiters of the law unless and until the highest court says otherwise.

The SCOTUS and state courts of the highest level only select, at their sole discretion, certain rare cases to hear because they feel the involved issues are of such unusual importance that they must speak upon it and/or they don't like an appellate decision on something they believe is important and want to overturn it, and/or there is a split in appellate decisions that require them to make the final decision.

I'm sure her comment will get spinned out of context to scare monger, but write it off as misleading mischief because they are hoping to take advantage of the public's lack of full understanding how the appellate process works and how it forms the interpretation of the laws.
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  #93 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by O'Sullivan Bere View Post
What she said is actually just the truth.

Appellate courts on the federal and state levels decide over 90% of the case law of the federal or state governments and their decisions are by far the final arbiters of the law unless and until the highest court says otherwise.

The SCOTUS and state courts of the highest level only select, at their sole discretion, certain rare cases to hear because they feel the involved issues are of such unusual importance that they must speak upon it and/or they don't like an appellate decision on something they believe is important and want to overturn it, and/or there is a split in appellate decisions that require them to make the final decision.

I'm sure her comment will get spinned out of context to scare monger, but write it off as misleading mischief because they are hoping to take advantage of the public's lack of full understanding how the appellate process works and how it forms the interpretation of the laws.

well, alright I'll take your word on this , but, why then did she try and walk it back?
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  #94 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by Imperator View Post
well, alright I'll take your word on this , but, why then did she try and walk it back?
. . . because now she has to deal with politicians and their arts and tricks of the trade. Welcome to DC Sonia.
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  #95 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by Imperator View Post
uhm I am sorry does the preclude him from being hispanic? or wait, we'll make a new yardstick
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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  #96 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

I see that the MSM Jackals are in full squeal over the nomination, in obedience to the signals from the conservative commentators.

In fact, the Republican strategy of "Oppose Everything" made the current hand wringing inevitable.

Who gives a shit what they say anyway?
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  #97 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by mechadave View Post
Can't you ever admit that you were wrong?

Jews aren't Hispanic by any stretch of the imagination. Get off of it.
go read a book dude.....
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  #98 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by mechadave View Post
I see that the MSM Jackals are in full squeal over the nomination, in obedience to the signals from the conservative commentators.

In fact, the Republican strategy of "Oppose Everything" made the current hand wringing inevitable.

Who gives a shit what they say anyway?
apparently you do....
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  #99 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by O'Sullivan Bere View Post
. . . because now she has to deal with politicians and their arts and tricks of the trade. Welcome to DC Sonia.
uhm she walked back when she said it, in the vid.....before she was chosen. She knew what she was saying was verboten.
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  #100 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by mechadave View Post
Can't you ever admit that you were wrong?

Jews aren't Hispanic by any stretch of the imagination. Get off of it.
I'm sure there are Hispanic Jews out there, though not many.
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  #101 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by wiggidy View Post
OMG, are you still talking about the Hispanic thing?

I'll clear this up for you guys. (These are for US use)

Black = African (even if you're from the Dominican Republic and just look African)
Hispanic = Brown skin but cannot pass as black or white
white = Duh
Asian = slanted eyes/dark hair/usually smart

Now that we're on the same page, lets discussing something that matters.
Afro-Caribbean people are Hispanic too, if they're from Cuba, or the Dominican, or the mainland coastal regions. People from El Choco are afro-Colombians, and Hispanic.
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Originally Posted by jviehe View Post
Hispanic is not a race.
Nope. It's an ethnic/social/cultural identification.
Quote:
Originally Posted by wiggidy View Post
Nope, even if you're from South Africa you're just another white person.
Tell that to the extremely nationalistic Eastern European immigrants all over Cleveland.
Quote:
Originally Posted by TheLastBoyScout View Post

(EDIT)- I'm operating from the premise that Portugal is a Hispanic nation historically. I recognize the cultural/political tensions between the old and new Spanish world, but please....Hispania (as Portugal and Spain) predates any country in North/South America.

If Hispanic now only means descended from Aztec/Maya/Inca/Indian populations then ok, I concede.
Well here is your problem.
Quote:
Originally Posted by TheLastBoyScout View Post
I guess it's of minimal consequence, but I still have to say that the argument that Sotomayor is not technically the first "hispanic" SC justice does have some merit and cannot be dismissed out of hand.
It certainly can. I don't need to repeat what O'Sullivan has said. He is correct on this subject.
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  #102 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

Quote:
Originally Posted by SamInTheSouth View Post
I'm sure there are Hispanic Jews out there, though not many.
he was sephardic naturally, non practicing if that matters.I think theres maybe 20k left in Iberia.
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  #103 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by Imperator View Post
uhm she walked back when she said it, in the vid.....before she was chosen. She knew what she was saying was verboten.
Not really, just still trying to tell it like it is when I viewed it. Appellate courts are where most of the decisions happen and remain. That is where the big focus is for all appeals, not the highest court. That's because appellate court decisions can be taken by right (unlike the highest court where almost always you have to request the case to be heard following an appellate decision) and they are binding decisions that control unless the highest court chooses to say otherwise, which is rare in most situations.

She had the crowd laughing as she clarified her statement to avoid manipulation of it, knowing the kinds of mischief that politicians and activists play insofar as alleging any judge who isn't their kangaroo is an 'activist.' But she was in her joking manner clarifying her point--they mostly decide the issues of the law and that is important to people given decisions of interpretation have an effect.

And in that, they do shape 'policy' in the judicial way of doing so, also her point. How a court interprets a statute or constitutional provision is very important to the litigants and everyone else interested in an outcome. That is why people hire good appellate teams like she said, outside interested groups like to file amicus curiae (friends of the court) briefs in support of one side or the other, etc. But she isn't talking about shaping policy like a legislator does in enacting laws and/or the people do in constitutional adoptions. That comes from scratch and reflects actual policy creation. But courts do interpretations of such laws and provisions that have their effects.

Take the other thread on the California Prop 8 decision as one example in how the state court interpreted the state's equal protection guarantee. It took a literal meaning and using the standard of sex discrimination, held that banning gay marriage was unconstitutional under the state constitution. But then Prop 8 passed that spoke directly on the topic. It then held it was bound by the Prop 8 amendment, but still allowed already existing marriages until it was passed because Prop 8 was not written to be retroactively applied under existing law regarding when and how laws are deemed retroactive.

All those things have to do with how judges interpret and apply the laws as they appear, which is important and something of great interest to result-oriented people. In that sense, they make 'policy' because they are interpreting a law or provision. But it isn't 'policy' in the way others who attack judges play it off, that basically they are usupers of the legislative apportionment of power in government.

That is what she was trying to get people to 'get' about the role of an appellate judge.
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Last edited by O'Sullivan Bere; 05-26-2009 at 06:51 PM.
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  #104 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

if a republican nominee said some of the things this chick has said there would be like 50 threads on how un judicial they were

hypocrisy is still running rampant on this board and in america
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  #105 (permalink)  
Old 05-26-2009
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re: Sotomayor chosen as SC nominee (academic discussion)

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Originally Posted by mechadave View Post
Jews aren't Hispanic by any stretch of the imagination. Get off of it.
What a stupid comment.

I know Mexicans and Puerto Ricans who are Jewish. I know whites who are Muslim, and I know Egyptians who are Roman Catholic.

How can that be?

Well, for starters, ones' country of origin does not dictate ones' religion.

To promote the idea that someone can't be a particular religion because of their lineage is just retarded...
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