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Thursday, May 28, 2009
Cal  Thomas :: Townhall.com Columnist
Biography and the Law
by Cal Thomas
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In introducing his choice to replace Justice David Souter on the U.S. Supreme Court, President Obama touted Judge Sonia Sotomayor's biography. He noted her humble beginnings: she grew up in a housing project in the Bronx; a child of Puerto Rican parents; a father who died when she was nine; a mother who worked six days a week as a nurse so she and her brother could go to Catholic school.

If these humble beginnings mattered, as they relate to Sotomayor's view of the Constitution, Clarence Thomas should have sailed through his confirmation hearings instead of being subjected to "a high-tech lynching," as he famously put it. Clarence Thomas also came from humble beginnings (as did George W. Bush's Hispanic Attorney General Alberto Gonzales), but biography matters only if you're a liberal. If you evolve into a conservative, it is irrelevant, at least to the elites.

President Obama says a main criterion for selecting someone for the court is that the person be empathetic to people and to the consequences of legal decisions.

In a 2002 speech at Berkeley, Calif., Judge Sotomayor said she believed it is appropriate for judges to consider their "experiences as women and people of color" when they make decisions, adding that such things should "affect our decisions."

That statue above the Supreme Court -- the one of a woman wearing a blindfold and balancing scales in her hand -- is meant to depict the law as blind to one's gender, race and personal circumstances. Obama wants that blindfold removed and the law tailored, like a suit, to fit the individual. This is the classic liberal view of the law, or as Judge Sotomayor has put it, "(the courts) are where policy is made."

None of this matters, because Democrats have the votes in the Senate to confirm her. Moderate and even some conservative Republicans will cower at the prospect of being labeled racist, sexist and anti-Hispanic. Plus, it is a one-for-one exchange, swapping the liberal Souter for the liberal Sotomayor, so not all Republicans will want to put up a fight. They should, if for no other reason than to train for the next nomination, not to mention standing on principle.

There are not many personal indiscretions that could torpedo this nomination. While tax avoidance sank Tom Daschle's nomination to be Health and Human Services secretary, tax problems didn't stop his successor, Kathleen Sebelius, or Treasury Secretary Timothy Geithner. And we seem to have gone beyond the avoidance of nanny taxes that derailed previous nominations for lesser positions. So what should the Republican strategy be?

The strategy should be played out on at least three fronts. The first front should be her rulings, several of which have been reversed by the Supreme Court. These rulings are fair game.

Republicans should expose Judge Sotomayor's liberalism, as revealed in cases like Ricci v. DeStefano in which white male New Haven firefighters, denied promotion after an exam because no African Americans qualified for advancement after taking the test, filed a discrimination suit when the city of New Haven threw out the exam results altogether and decided not to issue any promotions. The firefighters' suit was eventually dismissed. Sotomayor, as part of a three-judge panel hearing the case, upheld that dismissal. Even liberal Washington Post columnist Richard Cohen and Sotomayor's colleague, Judge Jose Cabranes, a Clinton appointee, expressed shock and disappointment over her ruling.

The second front should be a recitation of what the Founders had in mind when they wrote the Constitution and the benefits that come from conforming people to that document. Too many of our schools teach too little history, or falsify it. A history lesson would be good for the country. If the Constitution is treated like liberals treat the Bible, it loses its meaning, purpose and power.

The third front should focus on the hypocrisy of the left, including President Obama. There is a gold mine of quotes from liberals, like former DNC Chair Howard Dean, excoriating conservative judicial nominees. Republicans should use the quotes against those who opposed conservative candidates for the Supreme Court. During his brief time in the Senate, Obama voted against John Roberts and Samuel Alito. He acknowledged they were well qualified for the bench, but he opposed their nominations because he thought they might be conservatives.

If Senator Obama could vote that way, why shouldn't Republicans do unto him what he did unto a Republican president and vote against Sotomayor for her liberalism? At a minimum, her statements and record should receive a thorough going over.

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About The Author
Cal Thomas is co-author (with Bob Beckel) of the book, "Common Ground: How to Stop the Partisan War That is Destroying America".
 
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Good Article Cal
I would go a step further using some of the contrasting points of one of your colleagues Michael Gerson to dispel the notion that somehow Republicans should let their fears of being "misunderstood" temper their objections to what I think is a Golden Opportunity to construct a political box around Obama and to paint him into a corner with the label of Radical attached to his forehead.

Gerson writes:

“Republicans are now poised to oppose an accomplished Latina federal judge for the Supreme Court, further alienating Hispanic voters the GOP has recently driven away in droves.”

And how is that? John McCain and George W. Bush were the champions of Amnesty for Illegal Alien [criminal] Hispanics. How did Republicans drive them away? If the principles which adhere to the rule of law that Conservatism stands for drives them away, so be it. And good riddance.

If Republicans can’t oppose her for her implied desire to use the Appellate Court as a personal platform “where policy is made” on the basis of her being a Latina and their fear of offending a racially-polarized minority who is less interested in upholding and living by the Constitution of these United States than they are to invade us and promote a contrary and unlawful agenda; then the too need to be driven somewhere away. Perhaps they too can find solace in under the umbrella of Obamanation and Constitutional usurpation.

“Our Constitution was not written in the sands to be washed away by each wave of new judges blown in by each successive political wind.”

I see this, again, from a completely different perspective: An opportunity to frame Obama as an extremist radical leftist, thus paving the way for Republicans to draw a clear and distinct contrast between his radical class warfare which separates Americans, and their level-headed pragmatism and fair approach to emphasizing the things we all hold in common.

Good Article Cal 2

Gerson goes further to postulate:

“The main line of Republican criticism is likely to concern affirmative action -- which might provoke conservative extremists to predictable extremes and confirm an image of Republicans as the party of the male and pale.”

Again, I disagree.

For Republicans to be more concerned with image than they are with standing on the principles that serve to uphold, protect and defend the Constitution, which is by law their ONLY responsibility, is just as likely to confirm an image of Republicans as spineless cowards who, regardless of their attempts to appease the base racists attitudes of Latinas, will find that because of and in spite of their ridiculous and unseemly attempt at pandering to Latinas, they will neither gain their support nor retain the support of the “conservative extremists” who confirm them. Notwithstanding the image continuously being portrayed of them as being “male and pale” from the lying lips of the Obama media.


Republicans have never won an election by being Democrats; or is that reality being somehow overlooked.


Republican Senators and Congressmen will indeed be entering the trap if they allow themselves to be cowed into silence because this woman is a Latina.


Being silenced by their own fears of being perceived of stepping on Latina toes —that IS the trap! Allowing themselves to be trapped by fear and ethical cowardice!


There will be no victory in Republican weakness and moral and ethical surrender in the face of political risk.

Excellent posts, OncealwaysaMarine!
I agree with what you have said. Republicans need to vet her as closely as they can, fearing nothing. They need to begin asking very good questions that give her as little wiggle room as possible when she answers them and exposes her true allegiance to La Raza, illegal immigration and reverse discrimination.

As you have said this is an opportunity for Republicans (and I would add their patriotic duty under the Constitution)

"to frame Obama as an extremist radical leftist, thus paving the way for Republicans to draw a clear and distinct contrast between his radical class warfare which separates Americans, and their level-headed pragmatism and fair approach to emphasizing all the things we all hold in common."

Thank you!

The Game Is Fixed
Although not perfect, our system of government and society is the most successful the world has ever seen. It's based on principles that to succeed you strive as hard you can, follow the rules, and use your natural intelligence to climb the ladder to success.

This was true until the liberals introduced the wild card, racism. Your race gives you an automatic boost up the ladder; forget about intelligence or the rest of your resume. Examples of this philosophy include our current president and his nominee for the Supreme Court, Sottomayor. Obviously, she is not the best candidate for the SCOTUS considering her poor record but she gets the job because of her race.

Can she truthfully say, "I got this nomination because of my stellar record as a judge in the lower courts"?

Rather, she got the job because the liberals wanted a female Hispanic on the Court. Forget about qualifications.


My question is, if you game the system how are you going to get Americans in general to play the game when they know it's fixed?

When a system no longer rewards and promotes real achievement and outstanding effort it becomes a parochial, not what you know but who you know, hierarchy. Reminds one of third world states, doesn't it?

Why should traditional non-protected classes play this game? If performance and achievement no longer matter but race does then why shouldn't white men and women game the system, too?


Raacism
Reading that Obama's pick for the Supreme Court considers Hispanic women smarter than white males, I wondered how she compares Hispanic women to black males.

As a side not, she stands to be proven correct if the white males in the Senate elect her to the Supreme Court. Bill D.

If you want to stop Sotomayer
then barrage your Sen.'s with support for Borking her.

Sens. will be terrorized by the media with *racist* and *sexist* and *bigot* and you, the public, have to left Senators know you are behind them and want them to hold up the confirmation.

After all, Bork was considered a shoe-in until Kennedy and his NOW allies savaged the man considered one of the best judges in the US.

Sotomayer is nowhere as competent and laudable as Bork and he was derailed. It can be done.

Grave Empathy, Anyone?
How the world has changed! Remember when George W. Bush was running for president and the liberals criticized him because he "lacked gravitas."

Now the keyword in the liberal political dictionary is "empathy." We conservatives would have to admit both Obama and Sotomayor have empathy but we also believe neither has gravitas.

Islamic leaders, including Iran's, will love empathy and chortle, rubbing their hands in glee, over the fact that America's leaders are without gravitas.

Racists are in charge in America and, funny thing, they align perfectly with similar views of our greatest enemies, Mohammed's misbegotten legions.

feelings be damned
Thomas Sowell recently wrote (before Sotomayor's nomination) about the appointment of federal judges, and he related a story about Justice Oliver Wendell Holmes that is worth retelling:

“After a lunch with Judge Learned Hand, as Holmes was departing in a carriage to return to work, Judge Hand said to him: "Do justice, sir. Do justice."
Holmes had the carriage stopped. "That is not my job," he said. "My job is to apply the law."” (referring to Justice Oliver Wendell Holmes)
Thomas Sowell (“Empathy” vs. the Law Part II ) May 8, 2009

Why can't we just expect our justices at all levels to just apply the law?

Oncealwaysmarine "Carry On!"
Obama's talking point of Sototmayor's a heart tugging climb up the ladder from a deprived childhood has nothing whatsoever to do with her competence as a judge.

She has made an utterly foolish and racist comment asserting that as a wise Latina woman she would reach a better conclusion than a white male. This mindset goes to the very heart of her contempt for any law that does not align with her personal concept of justice.

BTW: If one's background is a litmus test in dispensing justice how can an unmarried and childless woman assure equal treatment for litigants in areas of family and marital law. Sotomayor describes herself as wise but as a parent I would submit that child rearing is a prime course in gaining wisdom. This woman has no background in or basic understanding of the bedrock for any society, the family.

Should have checked Sonia's
bio before stating she had absolutely no background in marriage. She was married shortly after college and divorced shortly thereafter. A wise Latina joining in marriage with some lowlife white male. The only choice for said Latina must have been a quick divorce.

Repubs
Cal wonders if the repubs will challenge her.No Cal they won't.No balls

Sotomayor is a MEMBER of racist La Raza!


The GOP might be unable to stop her confirmation (from a numbers standpoint), but that doesn't mean they shouldn't FIGHT it. You fight as hard as you can, for as long as you can, because you never know what might happen.

In this case, Sotomayor herself is going to stop her own confirmation:


"According the American Bar Association, Sotomayor is a member of the NCLR, a group that's promoted driver's licenses for illegal aliens, amnesty programs, and no immigration law enforcement by local and state police."

NCLR = National Council of La Raza

"Meaning "the Race," La Raza also has connections to groups that advocate the separation of several southwestern states from the rest of America."


From Drudge Report Link:
http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId= 99420

If you expect the GOP
to do the right thing now, then you haven't been paying attention.

The GOP will roll over thinking that's the "pragmatic" thing to do.

Principles? What principles? The GOP threw those out a very long time ago.

OncealwaysaMarine ...

OncealwaysaMarine
Location: IL
Reply # 3
Date: May 28, 2009 - 2:30 AM EST Good Article Cal 2

Gerson goes further to postulate:

“The main line of Republican criticism is likely to concern affirmative action -- which might provoke conservative extremists to predictable extremes and confirm an image of Republicans as the party of the male and pale.”

Again, I disagree...

There will be no victory in Republican weakness and moral and ethical surrender in the face of political risk...

~~~

God, please let this man, OncealwaysaMarine, be successful.



Mr. Sotomayor?
It seems somewhat strange that with all the hoopla about Judge Sotomayor's courageous battle to climb to the top of political status..no mention is made of her failed marriage to Kevin Noonan. The man is sure to be sought out (if he is still alive) by the media for his personal opinion of his former spouse.....for better or worse.
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