Wednesday, May 27, 2009

WHAT MAKES SONIA SOTOMAYOR AN HISPANIC - THE SAME THING THAT MADE JUSTICE BENJAMIN CARDOZO THE FIRST HISPANIC ON THE US SUPREME COURT

Judge Sotomayor descends from on high to bestow "empathy" upon us


















"[J]udges, therefore, should be always men of learning and experience in the laws, of exemplary morals, great patience, calmness, coolness, and attention. Their minds should not be distracted with jarring interests; they should not be dependent upon any man, or body of men."
--John Adams

"We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force."
--author Ayn Rand (1905-1982)

"The deterioration of every government begins with the decay of the principles on which it was founded."
--French political philosopher C. L. De Montesquieu (1689-1755)

"The soundest argument will produce no more conviction in an empty head than the most superficial declamation; as a feather and a guinea fall with equal velocity in a vacuum."
--English cleric and writer Charles Colton (1780-1832)


"In making Sonia Sotomayor his first nominee for the Supreme Court yesterday, President Obama appears to have found the ideal match for his view that personal experience and cultural identity are the better part of judicial wisdom. This isn't a jurisprudence that the Founders would recognize, but it is the creative view that has dominated the law schools since the 1970s and from which both the President and Judge Sotomayor emerged. In the President's now-famous word, judging should be shaped by 'empathy' as much or more than by reason. In this sense, Judge Sotomayor would be a thoroughly modern Justice, one for whom the law is a voyage of personal identity. 'Experience being tested by obstacles and barriers, by hardship and misfortune; experience insisting, persisting, and ultimately overcoming those barriers,' Mr. Obama said yesterday in introducing Ms. Sotomayor. 'It is experience that can give a person a common touch of compassion; an understanding of how the world works and how ordinary people live. And that is why it is a necessary ingredient in the kind of Justice we need on the Supreme Court.' ...[Sotomayor] is a judge steeped in the legal school of identity politics. This is not the same as taking justifiable pride in being the first Puerto Rican-American nominated to the Court, as both she and the President did yesterday. ... Judge Sotomayor's belief is that a 'Latina woman' is by definition a superior judge to a 'white male' because she has had more 'richness' in her struggle. The danger inherent in this judicial view is that the law isn't what the Constitution says but whatever the judge in the 'richness' of her experience comes to believe it should be. ... As the first nominee of a popular President and with 59 Democrats in the Senate, Judge Sotomayor is likely to be confirmed barring some major blunder. But Republicans can use the process as a teaching moment, not to tear down Ms. Sotomayor on personal issues the way the left tried with Justices Clarence Thomas and Sam Alito, but to educate Americans about the proper role of the judiciary and to explore whether Judge Sotomayor's Constitutional principles are as free-form as they seem from her record."
--The Wall Street Journal


"[L]ike conventional liberals, [Sonia Sotomayor] embraces identity politics, including the idea of categorical representation: A person is what his or her race, ethnicity, gender or sexual preference is, and members of a particular category can be represented -- understood, empathized with -- only by persons of the same identity."
--columnist George Will

"Why make this complicated? President Obama prefers Supreme Court justices who will violate their oath of office. And he hopes Sonia Sotomayor is the right Hispanic woman for the job."
--columnist Jonah Goldberg

"Since when did securing a Supreme Court seat become a high hurdles contest? The White House and Democrats have turned Second Circuit Judge Sonia Sotomayor's nomination into a personal Olympic event. Pay no attention to her jurisprudence. She grew up in a Bronx public housing project. She was diagnosed with childhood diabetes at 8. Her father died a year later. And, oh, by the way, did you hear that she was poor? It's a 'compelling personal story,' as we heard 20,956 times on Tuesday."
--columnist Michelle Malkin

"If you were going to have open heart surgery, would you want to be operated on by a surgeon who was chosen because he had to struggle to get where he is or by the best surgeon you could find-- even if he was born with a silver spoon in his mouth and had every advantage that money and social position could offer?"
--economist Thomas Sowell

"Sotomayor believes that law, like beauty, is entirely in the eye of the beholder. It is therefore of vital importance which beholders are sitting on the Supreme Court. Judicial philosophy is irrelevant, in this view; the only true judicial philosophy is personal philosophy."
--columnist Ben Shapiro

"Senate Republicans must take a stand and vocally oppose this nomination, not on the basis of partisan politics, but in defense of the rule of law and the proper role of the judiciary, principles the president is only pretending to honor."
--columnist David Limbaugh




Wrong qualities in a judge: "You have to be able to stand in somebody else's shoes and see through their eyes and get a sense of how the law might work or not work in practical day-to-day living."
--Barack Obama on his Supreme Court pick, Sonia Sotomayor

"I said earlier that I thought empathy was an important quality [in a judge] and I continue to believe that. You have to have not only the intellect to be able to effectively apply the law to cases before you, but you have to be able to stand in somebody else's shoes and see through their eyes and get a sense of how the law might work or not work in practical day-to-day living."
--Barack Obama

What is American?: "I think [Sonia Sotomayor] does have a richly, uniquely American experience that makes her incredibly qualified, uh, to pass judgment on some of the most important cases in our country. ... That is an experience that is new to the Court." --Sen. Claire McCaskill (D-MO) **"Hey, Claire McCaskill: Meet Clarence Thomas"
--Michelle Malkin

Socialism bankrupts America: "[W]e are out of money now. ...[W]e had to spend a lot of money to salvage our financial system, we had to deal with the auto companies, a huge recession which drains tax revenue at the same time it's putting more pressure on governments to provide unemployment insurance or make sure that food stamps are available for people who have been laid off."
--Barack Obama

Yeah, right: "[W]e want to get out of the business of helping auto companies as quickly as we can. I have got more than enough to do without that."
--Barack Obama

Apparently, the administration doesn't have enough to do: "I think we can change people's behavior. ...We want to really ... [be] creating opportunities for what we call livable communities. ... It is a way to coerce people out of their cars. ... About everything we do around here is government intrusion in people's lives."
--Transportation Secretary Ray Lahood, who also said he wants to "coerce people out of their cars"


Liberal judicial philosophy 101: "I 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."
--Judge Sonia Sotomayor in 2001

**"Imagine the reaction if someone had unearthed in 2005 a speech in which then-Judge Samuel Alito had asserted, for example: 'I would hope that a white male with the richness of his traditional American values would reach a better conclusion than a Latina woman who hasn't lived that life' -- and had proceeded to speak of 'inherent physiological or cultural differences.'"
--columnist Stuart Taylor

"Whether born from experience or inherent physiological or cultural differences, our gender and national origins may and will make a difference in our judging."
--Sotomayor in 2001

It shouldn't be: "[A] court of appeals is where policy is made."
--Sotomayor in 2005

"Brace yourself. Take a Dramamine. You'll be hearing about Appeals Court Judge Sonia Sotomayor ad nauseam in the coming weeks. Did I say 'Sonia Sotomayor'? I meant, of course, 'Sonia Sotomayor, the first Hispanic nominee to the Supreme Court.' It will be a constantly recurring epithet, like 'swift-footed Achilles,' 'gray-eyed Athena,' or (perhaps more to the point) 'honest Iago.'"
--columnist Roger Kimball

"Drinking game: If you take a shot every time you hear the phrase 'compelling life story' [about Sonia Sotomayor] today, you should be out by lunch."
--columnist Michelle Malkin

"If a conservative judge decided the Constitution meant only what he or she says it means, there would be an outcry reaching to Heaven, if the secular Left believed in such a place."
--columnist Cal Thomas

Lamar Alexander
THE PATRIOT POST
Wednesday
27 May 09

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STEYN ON SOTOMAYOR

THE NATIONAL JOURNAL ONLINE

Wednesday, May 27, 2009

Empathy vs Activism

"Empathy" seems to me to be defining activism down. I can't say I care for it, but at least "activism" requires a certain art — the ability to detect in 18th-century parchments that a bunch of guys in powdered wigs had cannily provided for partial-birth abortion or gay marriage or whatever. By contrast, "empathy" absolves you of the need to bother with any pretzel-like argument and lets you simply announce your bias, as Judge Sotomayor did in the Ricci case, like the schoolkid who knows the right answer but can't work out how to get to it.

Justice Sotomayor will not be good news for the United States constitution.

05/27

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From Coyote Blog
May 26, 2009, 12:46 pm
Richard Epstein on Sotomayor:

Here is one straw in the wind that does not bode well for a Sotomayor appointment. Justice Stevens of the current court came in for a fair share of criticism (all justified in my view) for his expansive reading in
Kelo v. City of New London (2005) of the “public use language.” Of course, the takings clause of the Fifth Amendment is as complex as it is short: “Nor shall private property be taken for public use, without just compensation.” But he was surely done one better in the Summary Order in Didden v. Village of Port Chester issued by the Second Circuit in 2006. Judge Sotomayor was on the panel that issued the unsigned opinion–one that makes Justice Stevens look like a paradigmatic defender of strong property rights.

I have written about Didden i
n Forbes. The case involved about as naked an abuse of government power as could be imagined. Bart Didden came up with an idea to build a pharmacy on land he owned in a redevelopment district in Port Chester over which the town of Port Chester had given Greg Wasser control. Wasser told Didden that he would approve the project only if Didden paid him $800,000 or gave him a partnership interest. The “or else” was that the land would be promptly condemned by the village, and Wasser would put up a pharmacy himself. Just that came to pass. But the Second Circuit panel on which Sotomayor sat did not raise an eyebrow. Its entire analysis reads as follows: “We agree with the district court that [Wasser's] voluntary attempt to resolve appellants’ demands was neither an unconstitutional exaction in the form of extortion nor an equal protection violation.”

Maybe I am missing something, but American business should shudder in its boots if Judge Sotomayor takes this attitude to the Supreme Cour
t.

I covered the Didden case back in
2006, where I called it “the worst government abuse I have seen lately,” an abuse that has since been Okay-ed by Sotomayor.

Up
date: I guess given his actions in Chrysler, Obama was happy to nominate a Supreme Court justice who gives a legal pass to outright blackm
ail.



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THE LAST WORD

Actually Sonia Sotomayor will not be the FIRST HISPANIC JUSTICE
sitting on the U.S. Supreme Court.
Justice Benjamin Cardozo WAS the first Hispanic Justice
appointed to U.S. Supreme Court.
Associate Justice of the United States Supreme Court
In office
March 14, 1932 – July 9, 1938
Nominated by Herbert Hoover
Preceded by Oliver Wendell Holmes, Jr.
Succeeded by Felix Frankfurter
Born May 24, 1870(1870-05-24)
New York City, New York
Died July 9, 1938 (aged 68)
Port Chester, New York

- Leo Rugiens

*********************************************************


Barry Soetoro aka Barack Hussein Obama
is a
USURPER
because he is not eligible to be President of the United States
because he is not a Natural Born Citizen
as required by Article Two, Section One, Clause Five
of the United States Constitution.
This is a fact regardless of
where he was born (Mombassa, Hawaii, Chicago, Mecca or Mars).

He is not a Natural Born Citizen
because he was not born of
TWO PARENTS
BOTH OF WHOM WERE UNITED STATES CITIZENS
at the time of his birth.
His father was a subject/ciitizen
of Kenya/Great Britain at the time of his birth and afterwards.

His mother was too young to pass on her US citizenship
according to the law in effect when he was born.

Check it out:
http://www.TheObamaFile.com/ObamaNaturalBorn.htm

His usurpation cannot be corrected by Congress,
it can only be corrected by his resignation, his removal
or
by an amendment to the Constitution
which will never happen.
---
- Leo Rugiens

**************************************************

WASHINGTON D.C., April 1, 2009: In a move certain to fuel the debate over Obama's qualifications for the presidency, the group "Americans for Freedom of Information" has released copies of President Obama's college transcripts from Occidental College. Released today, the transcript indicates that Obama, under the name Barry Soetoro, received financial aid as a foreign student from Indonesia as an undergraduate at the school. The transcript was released by Occidental College in compliance with a court order in a suit brought by the group in the Superior Court of California. The transcript shows that Obama (Soetoro) applied for financial aid and was awarded a fellowship for foreign students from the Fulbright Foundation Scholarship program. To qualify, for the scholarship, a student must claim foreign citizenship. This document would seem to provide the smoking gun that many of Obama's detractors have been seeking.

The news has created a firestorm at the White House as the release casts increasing doubt about Obama's legitimacy and qualification to serve as president. When reached for comment in London, where he has been in meetings with British Prime Minister Gordon Brown, Obama smiled but refused comment on the issue. Meanwhile, White House press secretary Robert Gibbs scoffed at the report stating that this was obviously another attempt by a right-wing conservative group to discredit the president and undermine the administration's efforts to move the country in a new direction.

Britain's Daily Mail has also carried the story in a front-page article titled, "Obama Eligibility Questioned", leading some to speculate that the story may overshadow economic issues on Obama's first official visit to the U.K.

In a related matter, under growing pressure from several groups, Justice Antonin Scalia announced that the Supreme Court agreed on Tuesday to hear arguments concerning Obama's legal eligibility to serve as President in a case brought by Leo Donofrio of New Jersey. This lawsuit claims Obama's dual citizenship disqualified him from serving as president. Donofrio's case is just one of 18 suits brought by citizens demanding proof of Obama's citizenship or qualification to serve as president.

Gary Kreep of the United States Justice Foundation has released the results of their investigation of Obama's campaign spending. This study estimates that Obama has spent upwards of $950,000 in campaign funds in the past year with eleven law firms in 12 states for legal resources to block disclosure of any of his personal records. Mr. Kreep indicated that the investigation is still ongoing but that the final report will be provided to the U.S. attorney general, Eric Holder. Mr. Holder has refused to comment on the matter.


According to Associated Press story shown below, Obama's tramscripts from Occidential College show that he was an undergradraduate at the school under the name Barry Soetoro, and received financial aid as a foreign student from Indonesia. I did a search using "Smoking gun finally found."
Here are a few of the websites that came up. None said it was false.

http://affiliate.kickapps.com/_Smoking-Gun-Finally-Found/blog/266247/85365.html
http://www.thetruthseeker.co.uk/article.asp?ID616
http://www.thepeoplesvoice.org/TPV3/News.php/2009/04/30/smoking-gun-finally-found
http://disc.yourwebapps.com/discussion.cgi?disc9495;article3895;title=APFN
http://www.sodahead.com/question/346077/breaking-news-obamas-occidental-college-records-released-under-court-order-records-show-real-name-barry-soetoro-he-received-financial-aid-as-foreign-student-more-supreme-court-to-hear-eligibility-case-against-mr-obama-do-you-care-bout-time/



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