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Thursday, June 04, 2009
Mario Diaz :: Townhall.com Columnist
Judicial Fairytales
by Mario Diaz
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The truth is finally out as to why the Democratic leadership doesn’t think much time is needed before the hearing of Supreme Court nominee Sonia Sotomayor: They don’t need to examine her record.

*** Special Offer ***

In press a conference this week, Senate Majority Leader Harry Reid (D-Nev.) praised Sotomayor saying she “is going to be a fantastic, superb Supreme Court justice.” Yet when asked about her record, he said, “I understand that during her career, she’s written hundreds and hundreds of opinions. I haven’t read a single one of them, and if I’m fortunate before we end this, I won’t have to read one of them.”

Of course not. Why would he need to? It was judicial love at first sight straight from the judicial fairytale books of old. He looked into her eyes, and through them he saw her spirit and what she is all about. He was amazed about what he found. She is really a conservative jurist who will show great judicial restraint and will follow the law. And right then and there, he knew she was the one.

Someone should let Sen. Reid know that fairytales make great stories but horrible marriages. You need to know someone before you marry them. And that takes time.

The people of Nevada should call the majority leader’s office and demand that he do his job. We are all aware of the many challenges the Senate is facing at the moment, but for any Senator to neglect his or her constitutionally required duties so flippantly is shameful.

What is even worse is that the Democratic leadership is not only purposely ignoring their duties, but they apparently think all Senators should do likewise and are trying to make it harder for anyone to fulfill the Senate’s “advice and consent” role in a responsible manner.

This week, Sen. Patrick Leahy (D-Vt.), Chairman of the Senate Judiciary Committee, refused the reasonable request that a hearing be delayed until after the August recess. That means he won’t even allow the same amount of time demanded by the Democrats and given by Republican leadership on the confirmation of Justice Samuel Alito, who had a comparable written record.

There are legitimate concerns about Judge Sotomayor’s judicial philosophy. She has said race, gender, and ethnicity “may and will make a difference in our judging.” She’s also said that she “would hope 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.”

In the now-famous Duke Law School appearance, Judge Sotomayor said the “court of appeals is where policy is made,” adding, “I know this is on tape, and I should never say that because we don’t make law.”

As others have pointed out, in light of those comments, there is no question her ruling in Ricci v. DeStefano deserves a closer look. That was the case where Judge Sotomayor upheld a discriminatory practice that affected firefighters in New Haven, Connecticut, who were denied promotions because not enough minorities scored high enough on a racially neutral test. Ironically, the group of discriminated firefighters included one Hispanic.

She also voted to refuse rehearing that case and did not even think the case was worthy of a published opinion — very interesting considering the fact that the Supreme Court is currently considering the case and will announce its opinion at the end of June.

I know Sen. Leahy has tried to alleviate our concerns by saying that Sotomayor promised to follow the law (maybe he also looked into her eyes), but again, this is no fairytale. We must take a close look at her record because there is too much at stake. And yes, I know it is a novel concept to Sen. Reid, but that includes reading her opinions.

For the Democratic leadership to feel they are fulfilling their “advice and consent” duties by having lunch with Judge Sotomayor and then voting is one thing, but they should at least not stand in the way of those faithful Senators who have respect for the Constitution and their constituents and want to take the time to examine legitimate and well-documented concerns in the nominee’s record.

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About The Author

Mario Diaz is the Policy Director for Legal Issues at Concerned Women for America.

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Senator Reid
well, considering Mr. Reid thinks the only requirement to be president is the ability to give a good speech, is anyone surprised about his attitude toward Sotomayor?

hmm, maybe he can't read!

Unbelievable!
I thought this was all a joke. I had to go find the video on YouTube because I could not believe it. And he is the majority leader? No wonder our country is this position.

I hope we are all taking notes for 2010.

Watch

As the republicans roll over on this as they always do. They fought Ginsberg real hard didn't they?

Diaz - Twice in a week, wow!
Trust TH to fine that ONE out of gazillion hispanics who sings their tune and give him a column against Sonia. How strategic! I presume Diaz's race does not play a role at all in his ability to write a column condemning Sonia twice in one week. WOW!

"She has said race, gender, and ethnicity “may and will make a difference in our judging.” She’s also said that she “would hope 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.”

THIS IS REALITY whether or not the 'conservative' activists/racists admit it. They know full well, like every reasonable person knows, a persons gender, race, religion, educational level, socio-economic and cultural background (to mention a few) impacts how a person views life and as such the judgements made when considering mitigating factors that impact the judicial process.

That reality is only apparent to those who can truthfully admit that White men fight tooth and nail to maintain their power structure of 'good old boys network' because......their 'heritage' is important inorder for them to maintain their political clout.

Does anyone doubt this reality? SONIA will be confirmed and the democrats do not want the haters to go on a fishing expedition to insult her or assault her credibility as a Judge.

Politics = Hollywood
Modern day politicians and political appointees are lavished with media gloss the same way Hollywood celebrities like Angelina Jolie, Paris Hilton, and Britney Spears. Who cares what Judge Sotomayor has done in her past? Let's vote her in because she "fits the role" for this movie... uh, I mean, for this important judicial seat.

It is sad what is happening to American politics and our leadership. We are on the brink of total corruption and I don't see an end in sight. Where are our Christian conservative leaders? Stand up and be heard!

Racist who?

This woman is a racist by her own statements. All democraps seem to be. Balkinise the country, and steal the people blind while they are infighting. The art of war seems to work fairly well I must omit. Divide and conquer!

The Constitution be Damned
The Bush bank bailout ($700B) had to be done without reading or even writing a bill that made sense or the World would explode.

The $787B bailout bill of Obama's had to be passed immediately, again without reading but at least Congress wrote a bill or the World would explode. Then it sat on Obama's dest for 5 days and most of the spending won't happen until 2011 just in time to get Obama re-elected in 2012.

Now Sotomayor must be approved before the end of summer or the World will explode even though her apointment to the Supreme Court will be forever.

Anyone beside me starting to realize that the Constitutional protections built into the Constitution of the US to prevent everything that has happened since Obama started his campaign for the ruler of the World are damned.

ignorant or dishonest?
Reid's comment was unwise given that he has to know there are stupid and dishonest people out there. It is not clear which Diaz is, but this column makes clear he must be one or the other.

In case anyone is really confused about this, Reid is a US Senator. That means he is allowed to hire staff with specialties in areas like constitutional law that he trusts to go through opinions and flag ones that Reid should find troublesome. If Sotomayor's rulings are within the mainstream, as they appear to be, Reid will not have to read any of her decisions. This is hardly a big deal. Note that Diaz doesn't appear to have read any of her decisions for the point of the column. His references are entirely to outside speeches being promoted by anti-Sotomayer groups. Maybe he also doesn't feel the need to read her decisions, or maybe he just can't find anything in them to actually present as scary. Who knows which.

Similarly with the time frame, the period suggested by the democratic leadership is longer than with most proposed justices. Is is longer than it took with Roberts to be Chief Justice. It happens that a similar time period for Alito would have put the hearings during a recess, so it was artificially delayed. But the suggestion that the Sotomayor confirmation is being rushed is either ignorant or dishonest.

Missing the Point
Aposematic is absolutely right. Sheik misses the point. Maybe has something personal against the author, but this article calls for scrutiny not opposition. What is so unreasonable about that? Give senators as much time as they reasonably need. Have her answer their concerns, then those who like her vote for her, and those who don’t vote against her. That’s their duty!


Obama Planning 2nd Term
Sixty percent of the Latina's decisions have been reversed.

Being observant, I took note she does not wear a wedding ring and that her choice in attire is dowdy. Is this another gay being appointed? Is barry using her to pass gay marriage so that he insures the gay voter base? One cannot underestimate the usurper. He is a con through and through.

We are a patriarchal society. Ms Latina is from a matriarchal society. Diversity does NOT bring unity. Our immigrants must become part of the melting pot if they want to make decisions effecting the American public. Another point is that the affirmative action recipients should be excluded from judiciary appointments. Michelle Obama had her law license taken away, barry has committed one crime after another on the American tax payer and the Latina ruled against the smartest firefighters.
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