While there is all sorts of silly criticism emerging on the right (including the pronunciation of her name and the fact that she likes certain latin foods), there is an emerging criticism which I think has some validity. Most of of focuses on a speech she delivered at UC Berkley in 2001 and published later by The Berkeley La Raza Law Journal.
“While recognizing the potential effect of individual experiences on perception, Judge Cedarbaum nevertheless believes that judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law,” Sotomayor said.
“Although I agree with and attempt to work toward Judge Cedarbaum’s aspiration, I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society.”
Although she attempts to have it both ways (“I agree” and “we do a disservice”), she seems to really be claiming that some level of gender or racial “empathy” is necessary to render “fair” judgments. And that only those who have lived that life are capable of such renderings. Here she essentially admits that to be the case as she perceives it:
“Personal experiences affect the facts that judges choose to see,” Sotomayor said. “My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar. I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.”
How else do you interpret her statement except to say, “we can’t change the fact that personal experiences affect our work and the best we can hope for is we will “take the good” for those experiences and apply them …?”
That, of course, helps explain the statement most of the right object too the most, i.e.:
“…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.”
Given what she said above, this makes perfect sense. Although she claims to agree “judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law”, she then builds the case that a) such isn’t really possible, and b) in fact race and gender based experience is a positive that should be injected in such “reason of law”.
Her ruling in the case of the 18 white firefighters in New Haven CT seems to indicate she is indeed inclined to use race and gender bias in her decisions.
That is a legitimate and troubling point and certainly one which requires a very close look. But Republicans need to lay off the silliness (and words like “racist”) and stick with the legitimate points of contention her nomination bring. And they need to explain their concerns in a way which is both complete and easy to understand.
It would be the perfect ending to Specter’s desperate attempt to hold on to his office by switching parties. TPM is reporting:
Rep. Joe Sestak (D-PA) is privately telling supporters that he intends to run for Senate, TPMDC has confirmed.
“He intends to get in the race,” says Meg Infantino, the Congressman’s sister, who works at Sestak for Congress. “In the not too distant future, he will sit down with his wife and daughter to make the final decision.”
The move would constitute a primary challenge to Sen. Arlen Specter (D-PA), who intends to run for re-election in 2010, after having switched parties earlier this year.
Sestak is a retired Navy Admiral in a time when that’s a very good thing to be, especially if your primary opponent is Arlen Specter. I have no idea how a state wide race would shape up for the two sides, but in a Democratic primary I can’t help but believe Sestak would trounce Specter. And deservedly so. Everything I’m reading is PA Dems are having a very hard time warming up to Specter. Think about it, how can you take seriously a guy who switched parties simply because he knew he’d get killed in a Republican primary and claimed he never promised to be “a good Democrat?”
My latest Examiner column.
Sure sounds like it to me:
A transcript of a secretly recorded phone call between the brother of former Gov. Rod Blagojevich and U.S. Sen. Roland Burris was released in federal court today, a call in which Burris, then seeking the Senate seat, was recorded offering the Blagojevich campaign a campaign check.
“I know I could give him a check,” Burris said. “Myself.”
But in the same call, Burris tells Robert Blagojevich he is concerned he and Rod Blagojevich will “catch hell.”
“And if I do get appointed that means I bought it,” Burris said.
“And, and God knows number one, I, I wanna help Rod,” Burris says later in the call. “Number two, I also wanna, you know, hope I get a consideration to get that appointment.”
The culture of corruption on steroids – or as a friend says, “the ususal Chicago politics”. Of course Burris would never voluntarily give up the seat and would most likely have to be dragged from the Senate kicking and screaming.
Any chance the Democrats will clean their own house?
Yeah, that’s a joke.
Some reactions from the right to the Sotomayor SCOTUS nomination:
Roger Pilon, the Cato Institute’s Director of Constitutional Studies:
In nominating Second Circuit Judge Sonia Sotomayor to fill the seat of retiring Supreme Court Justice David Souter, President Obama chose the most radical of all the frequently mentioned candidates before him.
Ilya Somin, George Mason University Law School:
I am also not favorably impressed with her notorious statement 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.” Not only is it objectionable in and of itself, it also suggests that Sotomayor is a committed believer in the identity politics school of left-wing thought.
Dave Kopel, Research Director at the Independence Institute:
Judge Sotomayor’s record suggests hostility, rather than empathy, for the tens of millions of Americans who exercise their right to keep and bear arms.
William Redpath, National Committee Chairman of the Libertarian Party:
By nominating Sonia Sotomayor, Barack Obama has made it clear he prefers an activist for his personal causes over a rational interpreter of law.
So the gathering argument from the right seems to be “activist”, “identity-politics”, hostility to the 2nd amendment and “radical”.
I see nothing (unless there is some hidden problem with taxes or nannys we don’t know about) that is going to keep this nomination from going through given the Democrats numbers in the Senate. But it will be interesting to see how long, how hard and how nastily the Republicans choose to fight this. I’m not sure this is the SCOTUS nominee hill to die on.
The food police are interested in changing your diet – all in the name of climate change:
A government-sponsored study into greenhouse gases found that producing 2.2lb of lamb released the equivalent of 37lb of carbon dioxide.
The problem is because sheep burp so much methane, a potent greenhouse gas. Cows are only slightly better behaved. The production of 2.2lb of beef releases methane equivalent to 35lb of CO2 Tomatoes, most of which are grown in heated glasshouses, are the most “carbon-intensive” vegetable, each 2.2lb generating more than 20lb of CO2. Potatoes, in contrast, release only about 1lb of CO2 for each 2.2lb of food. The figures are similar for most other native fruit and vegetables.
Funny how that works in a carbon based eco system, wouldn’t you say? But don’t concern yourself, it’s all for your own good:
“We are not saying that everyone should become vegetarian or give up drinking but moving towards less carbon intensive foods will reduce greenhouse gas emissions and improve health,” said Kennedy.
Because everyone knows that potatoes are much healthier than tomatoes. Hashbrowns for all.
Oh, and barley and hops? FAIL!
Alcoholic drinks are another significant contributory factor, with the growing and processing of crops such as hops and malt into beer and whisky helping to generate 1.5% of the nation’s greenhouse gases.
My goodness, just look at what is happening to us.
Another emerging hallmark of Obama rhetoric are the startling inconsistencies to be found there. For instance, his speech at the National Archives where he invoked the founding documents as the keepers of our fundamental rights and values and condemned the previous administration for its egregious violations of those right and values. All of it sounded lofty and certainly rhetorically satisfying. But then, within a few paragraphs, Obama trots out his policy plan for indefinite detention for those who we even suspect of wishing to do violence against the US.
And it was the past administration which did what that was so bad?
Even Sen. Russ Feingold can’t quite stomach the inconsistency:
While I recognize that your administration inherited detainees who, because of torture, other forms of coercive interrogations, or other problems related to their detention or the evidence against them, pose considerable challenges to prosecution, holding them indefinitely without trial is inconsistent with the respect for the rule of law that the rest of your speech so eloquently invoked. Indeed, such detention is a hallmark of abusive systems that we have historically criticized around the world.
Gitmo is a place. And places can be shut down. But what Obama is talking about is a policy – a policy of government – in which people can be incarcerated without charges and held for as long as the government deems necessary. How again is that a difference from the previous administration? How is that better?
Once a system of indefinite detention without trial is established, the temptation to use it in the future would be powerful. And, while your administration may resist such a temptation, future administrations may not. There is a real risk, then, of establishing policies and legal precedents that rather than ridding our country of the burden of the detention facility at Guantanamo Bay, merely set the stage for future Guantanamos, whether on our shores or elsewhere, with disastrous consequences for our national security.
I had to laugh at this – “resist such a temptation”? For heaven sake Senator, his administration is suggesting the policy! Why would he “resist the temptation” when it is obvious that his administration sees it as a necessary tool to combat threats against the US?
Worse, those policies and legal precedents would be effectively enshrined as acceptable in our system of justice, having been established not by one, largely discredited administration, but by successive administrations of both parties with greatly contrasting positions on legal and constitutional issues….
And that’s the point, isn’t it? Once it becomes policy – once it is enshrined in law (and I’m not, at this point, at all sure how the SCOTUS would rule on such a law although I’m certainly sure on how I think they should rule) it is open to use and abuse by government. So while we may or may not agree with what the previous administration did, in this regard, they never tried to make it policy and an legally blessed (but morally wrong) method of handling those we capture and incarcerate in this war against Islamic extremism.
Anyone monitoring what Barack Obama has been saying since taking the oath of office who doesn’t see a rather large authoritarian streak in the man hasn’t been paying attention. What he is suggesting is blatantly worse than what the Bush administration did. Unfortunately, it is mostly being lost in the ground clutter of the financial crisis. But it is certainly there for those who take the time to look.
The more I listen to Obama, the more of an ideologue I realize he is and how willing he is to use any opportunity to “justify” his agenda, even those that don’t fit. For instance:
In a sobering holiday interview with C-SPAN, President Obama boldly told Americans: “We are out of money.”
C-SPAN host Steve Scully broke from a meek Washington press corps with probing questions for the new president.
SCULLY: You know the numbers, $1.7 trillion debt, a national deficit of $11 trillion. At what point do we run out of money?
OBAMA: Well, we are out of money now. We are operating in deep deficits, not caused by any decisions we’ve made on health care so far. This is a consequence of the crisis that we’ve seen and in fact our failure to make some good decisions on health care over the last several decades.
This is about as twisted a bit of reasoning as I’ve seen in a while. We’re “out of money” because of “health care decisions?”
What total nonsense. This is a politician using a crisis unrelated to “health care decisions” to push his ideology (i.e. that it is government that is the answer in all areas of life). As Glenn Reynolds says:
“I’ve bankrupted the nation, so now your only hope is to pass my healthcare plan.” That goes beyond chutzpah to the edge of pathological dishonesty. Except, I guess, that it’s not pathological if you get away with it. And so far, he has.
Very true – but at some point, as his favorite pastor likes to say, the chickens have got to come home to roost.
From the same interview:
SCULLY: States like California in desperate financial situation, will you be forced to bail out the states?
OBAMA: No. I think that what you’re seeing in states is that anytime you got a severe recession like this, as I said before, their demands on services are higher. So, they are sending more money out. At the same time, they’re bringing less tax revenue in. And that’s a painful adjustment, what we’re going end up seeing is lot of states making very difficult choices there..
Painful choices? But for the federal government – unprecedented spending spree. The cognitive dissonance there is mind boggling.
Amidst all the “happy talk” about signs that the economy is “turning around” we see more troubling signs that it is, in fact, being badly mishandled:
The US Treasury is facing an ordeal by fire this week as it tries to sell $100bn (£62bn) of bonds to a deeply sceptical market amid growing fears of a sovereign bond crisis in the Anglo-Saxon world.
The interest yield on 10-year US Treasuries – the benchmark price of long-term credit for the global system – jumped 33 basis points last week to 3.45pc week on contagion effects after Standard & Poor’s issued a warning on Britain’s “AAA” credit rating.
The yield has risen over 90 basis points since March when the US Federal Reserve first announced its controversial plan to buy Treasury bonds directly, a move designed to force down the borrowing costs and help stabilise the housing market.
The yield-spike may be nearing the point where it threatens to short-circuit economic recovery. While lower spreads on mortgage rates have kept a lid on home loan costs so far, mortgage rates have nevertheless crept back up to 5pc.
The housing market hasn’t yet bottomed out and Britain isn’t the only country whose credit rating Standard & Poors is reviewing. If we can’t sell debt instruments there are only a couple avenues left to us aren’t there? And, as noted, both would certainly “short-circuit” any economic recovery.
So what will an infantryman look like in 2030? Well, here’s the vision (and I might add, this has been the vision in one version or another, for decades):
Some interesting comments in the NY Post article about this concept:
Aided by “smart drugs,” enhanced with prosthetics, and protected by a lightweight suit of armor, this soldier of the future possesses near super-human capabilities and weapons that would make even Iron Man jealous. He’s suited up in an “exoskeleton” – essentially a Storm Trooper-esque external shell – that allows him to carry heavy loads. Electronics integrated in his outfit allow for simultaneous language translation, automatic identification of potential foes, and video-game-like targeting. If the soldier is tired, overworked, or injured, neural and physiological sensors automatically send an alert to headquarters.
A networked battlefield has been a military dream ever since computers and networks was first understood by the institution. The upside is pretty obvious – the ability to quickly gather, integrate and disseminate intelligence. Fewer people necessary to cover more ground. Command, control and communication are enhanced in ways that aren’t possible right now. Joint ops would be a snap. And some excellent force protection technology too boot.
The other side of that is our tendency to display an bit of an over reliance on technology. Technology is not a tactic or a strategy – it’s a tool. The fact that you field a networked battle force doesn’t mean an automatic win. Of course that’s been evident in the low tech battlefields on which we’re engaged in both Iraq and Afghanistan.
Used as a tool, and given the amount of enhanced training that will be necessary for the lowest of privates to use it effectively, it could be something that gives us an edge in the type of warfare in which we’re engaged now, and certainly an edge on a conventional battlefield. What we have to remember, however, is technology isn’t a substitute for tactics or strategy.