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Friday, May 29, 2009
David Harsanyi :: Townhall.com Columnist
No Free Ride for Sotomayor
by David Harsanyi
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You know what would be a nice change of pace? A nominee for public office whose compelling life story didn't remind me of my pitiably self-indulgent life.

Fortunately, while overachievers can induce some self-loathing, when it comes to public service, spectacular life stories are irrelevant.

Adversity does not grant anyone superhuman intellect or a Solomon-like temperament. And gripping tales of perseverance should not make one impenetrable to criticism.

Much has been made of political repercussions for Republicans if they dare target Barack Obama's pick for the Supreme Court, Judge Sonia Sotomayor -- a Latina who grew up in a deprived neighborhood in the South Bronx.

New York's hyper-yammering senator, Chuck Schumer, claims that the Republican Party would do so at its "own peril" -- alluding, no doubt, in part to blowback from the Hispanic community.

If Republicans take this kind of bigoted advice, they will have done the country a great disservice. Hispanics are a diverse minority group, not a bunch of lock-stepping, hypersensitive onlookers unable to handle a serious debate.

Now, it is true that Sotomayor once unleashed her own unsightly gibberish about race, claiming that "a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."

If one felt like being a contrarian, one might argue that emotional baggage of a "rich" worldview has the potential to hinder a judge from fulfilling her oath of "equal right to the poor and to the rich and … faithfully and impartially" discharging her duties.

Take, if you will, one of Sotomayor's most criticized decisions.

The Supreme Court recently heard oral arguments in Ricci v. DeStefano, a reverse discrimination case in Connecticut involving the New Haven Fire Department. The department administered a test to promote 15 people to captain or lieutenant, but no African-Americans passed. The city trashed the exam and refused to promote the folks who did pass, concocting a new test instead. One of the firefighters who was denied was a 34-year-old dyslexic named Frank Ricci, who had worked his tail off to pass the test.

When the 2nd U.S. Circuit Court of Appeals got to the case, Sotomayor joined a short opinion dismissing it. It prompted her colleague Jose Cabranes -- appointed by President Bill Clinton and widely considered a liberal -- to claim that Sotomayor's "opinion contains no reference whatsoever to the constitutional claims at the core of this case."

Maybe Sotomayor's deep experiences have predisposed her to believe that reverse discrimination is not possible. Maybe not. But Republicans are on solid ground if they go after Sotomayor regarding this case. They have a duty, in fact, to grill the Supreme Court nominee aggressively on many of her decisions.

But whatever they do -- actually, this is sound advice for all organisms in the galaxy -- never, ever follow Joe Biden's lead.

During the contentious Clarence Thomas hearings, in 1991, then-Sen. Biden claimed that "the only reason Clarence Thomas is on the court is because he is black. I don't believe he could have won had he been white."

Imagine how much anger would be unleashed if a comparable statement were made about Sotomayor and Latinas. (Thomas, by the way, had a compelling personal story, graduated from Yale Law School and served on the U.S. Court of Appeals for the District of Columbia Circuit.)

Unless some unforeseen ethical questions emerge about Sotomayor, Republicans should follow their own advice and allow an up-and-down vote. Sotomayor's professional qualifications are impeccable, and her experience is impressive.

But Republicans have no reason to shy away from ideological debates or the vetting of Sotomayor, because neither is personal or "racist."

On the other hand, those who contend that a minority candidate should be treated with kid gloves? That suggests something quite ugly.

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About The Author
Bork her
Re: "Adversity does not grant anyone superhuman intellect or a Solomon-like temperament."

As I recall, Janice Rogers Brown fit this description but was borked by the Democrats. Turn about fair play: bork Sotomayor.

Ruling Against The Underdog
If the Sotomayor looks back in anger at the disadvantages she had she will be on the side of the underdog. But if Sotomayor has matured she will be celebrated as a fair minded judge who shows no favoritism. She might even become conservative and always rule against the underdog.

All we really want to know .............
regarding Sotomayor's cavalier statement suggesting the intellectual superiority of a woman over a man was what she meant......was she painting a broad brush to indicate just white males or was she suggesting that her intellectual acumen was more refined than the white European Potestants who devised our Constitutional Republic and its Constitution?

Breaking the code
What the Democrats are really saying to the Republicans with all of their blather about the upcoming confirmation process for Sonia Sottomayor is: Don't you dare conduct yourselves in these hearings in the same vile, outrageous, sleazy, disgusting, and overbearing manner as we did in the hearings on Bork, Estrada, Roberts, Brown, Alioto, et al.

Line in the sand
Liberals (progressives), Democrats et al and their mouthpiece AKA the mainstream media have declared "bad things" will happen to Republicans if they even think of opposing Sotomayor. What things? Bad press, a media and propaganda campaign in the Hispanic Community to demonize Republicans? Do Republicans believe it won't happen anyway if they just say nice things about her?

The Democrats, using their typical bullying tactics have drawn a line in the sand and dared Republicans to cross it. Do it Republicans and keep on walking! Push these arrogant, sissified, bad-talking weenies back into the stinking swamp of invertebrates where they belong.

Who cares
She is a normal judge.

She didn't overturn a case most people would have wanted her to. Why? Because a precedent had been set and she didn't want to be an activist judge.

She said something a long time ago which most people don't really care about.

Oh yeah, Alito said something similar.

controversy
If a fellow Latina jurist told her "your opinion contains no reference whatsoever to the constitutional claims at the core of the case" then I would say that she is in a little trouble already.

bad day at black rock
To Thomas

I too have been the victim of reverse descrimination. I was passed over for a job I had prepared for for over 5 years only to have it snatched away by managment with a quota to fulfill. I remember only too well the next time I saw the woman of color who had the job I had so coveted and was 10 times more qualified to do. Her words in greeting to me were "How are all the peons doing?"

So I look forward to a good laugh at what is surely to come from the mouth of BO's supreme court nominee. She has neither the intelligence or the character to hold the position she surely will get. She should be as least as funny as Joycilne Elders and as much of an embarassement as the vice president.

So take heart my fellow white males. A joke must have a kernel of truth or it isn't funny. And I believe the joke is on the people who put this abomination in office. Let's wait and see how many are laughing a year or two from now.

Guns, Intellect & Judgment are key
Sotomayor Issues:

http://forum.hucksarmy.com/viewtopic.php?f=141&t=19910





HONOR AND INTEGREITY
THAT IS LANGUAGE USED IN CONSTITUTIONS, THAT HAVE NO PACTICAL REALITY WHEN IT COMES TO CIVIL SERVANTS, ELECTED OFFICIALS, AND SOME LAW ENFORCEMENT OFFICERS. LAWYERS AND ADVOCAY GROUPS ALONG WITH COMMUNITY ORGANIZERS ALSO FAIL IN THE CHARACTER OF HONOR AND INTEGREITY. RESPECT, MORALS, AND ETHICS ARE SOMETHING THAT ALL THE SO CIVIL RIGHTS PROVIDERS LACK. TODAY THERE IS NOT EVEN JUSTICE IN COURT BECAUSE OF SETTLEMENTS OF FRAUD AND DECEPTION. MANY ARE NOT DISCOVERED EARLY ENOUGH TO STOP THE PERVERTION OF JUSTICE. TAKE ALL THE PENSIONS OF ANY GUILTY CIVIL SERVANTS, ELECTED OFFICIALS, AND OFFICERS OF THE COURT.

my gosh domingo garcia
would of been a better choice.

ECONOMIC Retribution
The only reason Republicans tiptoe around racial issues while Dems flaunt racism against minorities - and get away with it - is because they have the media on its side. Until conservatives, hold the media and its ADVERTISERS responsible ECONOMICALLY, they will continue to destroy what our founding fathers stood for.

One thing that can be said for
99% of our representatives, on either side of the aisle, if they were charged with having honor and integreity, none of them would be convicted. But that's okay because the voters who keep these bozos in office wouldn't be convicted either.

Isn't it interesting that
Sotomayor and Obama's cabinet picks all have these compelling stories of how they picked themselves up by their own bootstraps, how they overcame adversities and obstacles and had wonderful families to support them and help them to become what they are today. Nary a one has had to thank an affirmative action program, or any of the other government give-aways and special education grants. I'm impressed, truly I am. My only question is why are they all so determined that everyone else must take government handouts and rely on affirmative action programs? Is it because all of are just as arrogant as Obama in thinking the great unwashed masses are too stupid to do it on their own like they did? Or are these compelling stories just made up BS?

If Sold"O"My Oar is as bad as she sounds
there'll be some hells-a-poppin' sessions going on in the Supreme Court. I think I read that she is hard to work with and doesn't like white men or white women. She will be a joy to work with I'm sure.

Maybe Obama will get some payback from the other Supremes when the vault birth certificate issue comes around again......Hmmmmm. I like the sound of that!!! Huzzah!!

Amen to that!
Terry in Georgia--agreed! How many people have you known for quite awhile..parents of your child's classmate, chat over donuts after church, etc. Then a couple of years into knowing them you find out a jaw dropping story about their impoverished/abused/foster card/insert here childhood. There are so many stories out there. All wonderful but many. Personally I do not believe Sotomayor's story is all that compelling. Her mother was a single mom after the dad passed on, but the mother was a nurse. That's a darn good job. She wasn't cleaning toliets at the gas station. Plenty of single white women who worked horrific jobs to support their child..and the child wasn't in private school like Sotomayor.... If the media needs compelling stories..I'll give you some names. They might not be of color though..will that be a problem, media?! Gee wonder..

Could we stop with "Life Stories?"
Life stories are a dime-a-dozen. In the United States, the "rags to riches" happens quite frequently. And it does so because we are: The United States of America.

Peope overcoming tough obstacles and challenges to ultimately succeed are commonplace. But, we're constantly treated to these stories as if their the first of their kind -- unique and rare.

Sotomayor had a poor childhood without a father and her mother worked very hard to support her. Now, we can take that story and file it away with all the millions of others that are similar or were even more difficult.

There is absolutely nothing that is unique about Sotomayor's "experiences".

I sent this to my senators
I have written the following to my esteemed senators and offer it to anyone who might want to copy or send it on. Send it especially to Rep. Sens. out of state, as our NJ senators are worthless.

Dear Honorable Senators Lautenberg and Menendez:

Judge Sonia Sotomayor is unfit to serve on the Supreme Court of the US because she sees herself as a political activist. In a speech in California in 2001 she disparaged white male judges, saying, *I would hope that a wise Latino woman with the richness of her experiences would more often than not reach a better conclusion (as a judge) than a white male who hasn't lived that life.*

In a current case from the New Haven, CT, fire department, Sotomayor has ruled from the appellant court that job applicants' loss of promotion after succeeding on a test designed to be race neutral was *thorough, thoughtful, and well reasoned,* because no black applicant had achieved an acceptable score. That seventeen (17) *white* test takers had succeeded, including ONE HISPANIC, the test was thrown out by New Haven and no promotions granted to anyone. Such activism shows Sotomayor is interested in minority success enforced FROM THE BENCH.

On the 2nd Amendment, Sotomayor is anti-gun as revealed in *the right to possess a gun is clearly not a fundamental right* (US v Sanchez-Villar, 2004). This opinion is exactly opposite of the recent US Court ruling supporting an earlier verdict in Washington,, DC, that affirmed the right to bear arms as fundamental.

Sotomayor was only following her own philosophy that appellant courts are where *policy is made*, which she claimed at Duke University in 2005.

This Obama nominee, as with many others, is out of step with Main Street America, out of step with Supreme Court rulings, and not qualified on her legal history or personal beliefs to be a Supreme Court justice. That she is of Puerto Rican descent and struggled to make her position in life is immaterial.


Christine in Cali
Thanks for the affirming words.

Sometimes, here in little 'ole Delaware, I feel like a pilgrim in an unholy land, but it's sounds like you've gone through as bad, if not worse, than me.

Keep up the good fight.

God Bless.

The only chance for justice
is for people to stand up and defend it. Acusations of racism directed toward those who oppose Sotomayor for her political views and jurisprudence performance are unjust. They succeed when unopposed. Conservatives must state their views, oppose the insane policies which will assuradly bring this country to its knees. We must present the well-intentioned non-thinkers who have brought us here with the alternatives which alone can return us to prosperity and liberty. We might well be defeated anyway. But at least, the path back to America will be on the table. Silence and inaction are certain defeat for the American Dream of social and financial mobility.

Short easily understood statements in casual encounters will be remembered as times get tougher. Statements like Illegal aliens are stealing jobs from Americans, Gas costs more because Arabs don't want dollars worth less, Electricity costs more because existing generating plants are being penalized by cap and trade. Over-simplified aphorisms work powerfully for the PC self-victimized.

Hit the saturation point
Thomas in DE I completely agree with you. My days of silently standing by are done. I grew up in a town that was 80% Hispanic. I was a smart white girl with farmer parents. My parents SAVED their way to a comfortable middle class life. I had to bite my tongue throughout high school as the colleges came courting all the Hispanic kids, offering them scholarships to top universities. Meanwhile my grades were far better then theirs but NO one came my way. My parents 100% paid my way through a top Univ of Calif school. I see this again at my son's school..happening all over. Everyone bending over backwards for the "minority" (hello, they aren't the minority here in CA any longer!) kids. They don't contribute to the class fund, they don't volunteer any time or help, they cry poor and helpless at every turn, yet mom drives an Acura and wears cute clothes. When college comes around for my son and these kids..looks the unjustice is on path to repeat itself all over again. I'm starting to speak out against it, let the chips fall where they may. It's wrong and it is racist.

Quibble
Well said sir, with one quibble.

"Reverse discrimination," does not exist. There is only discrimination, no matter who is the target.

The Death of Affirmative Action Pt. 2
One of my heros growing up was Dr. Martin Luther King Jr. because of the brave stance that he took against adversity and racism and I felt great empathy with him when he spoke the words, "I have a dream that one day my four little children will one day be judged not by the color of their skin, but by the content of their character."

That day has not yet arrived and it cannot arrive as long as Affirmative Action and Title VII are still in place in this land.

My days of silently standing by are finished and from now on someone else can 'suck it up' and if that makes me a racist in some bleeding heart liberal's eyes then so be it, because from now on I'll call a spade a spade...no pun intended.

So I say hold Sotomayor's feet to the fire, and if she and the rest of the Left scream bloody murder here's some advice....suck it up.

The Death of Affirmative Action Pt. 1
I agree with David that while it will be impossible as things currently stand to stop Sotomayor's confirmation, the Conservatives can certainly use her hearings as a bullypulpit for the repeal of Affirmative Action & Title VII, which the Ricci case stands out as a shining example.

I will be 50 years old this year and all of my adult life I have had to silently stand by and watch less qualified people take jobs that I was better qualified to hold...all in the name of 'equality'.

I am hardly alone.

I'll never forget being at a mini job fair 5 years ago for Norfolk Southern Railroad when after four hours of paperwork and lectures (no one-on-one or face-to face interviews) they announced the first 'cuts'.

If your name was called then you were to get up and exit.

Out of 35 people present, only 14 people would remain.

I had been sittting in the front row and counted until I heard my name, the last, be called, so I bowed my head, gathered my things, stood up and turned around to see all of the other white men missing.

I briefly stopped and gazed into the eyes of every one of those dark faces and then back at the Human Resources reps from NS and watched each one avert their eyes as I walked, tight-lipped, out of the room to join all of the other white men.

I disagree

I don't want the Congress wasting tax-payers money on hearings that will go no where.

It doesn't matter how Liberal Sotomayer is. It doesn't matter that she is a racists. It doesn't matter that she is a gun grabber. It doesn't matter that she will let murders and rapists free on the streets.

The Democrats have the votes and they will vote to comfirm her even if she was previously convicted of taking payoffs.

I Guess the Republican Consensus is in..

"TO THE REAR, MARCH!!"

What a useless bunch of spineless cowards.
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