Questions and Observations

Free Markets, Free People

Sotomayor – Reason To Be Concerned?

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.

~McQ

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The Specter of Specter Going Down In PA

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?”

~McQ

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Juxtaposition

Compare and contrast this rehabilitation effort of Timothy Geitner:

After his hellish opening weeks, Treasury Secretary Timothy Geithner started inviting White House economic officials across the street to his conference room for hours-long working dinners that have helped get — and keep — the whole team on the same page.

[...]

Geithner, a former president of the New York Federal Reserve who once looked like he was floundering in one of the administration’s most scrutinized jobs, is emerging in a new position of strength with the media and the markets, just as he launches President Barack Obama’s high-stakes effort to re-regulate the nation’s financial markets.

[...]

The secretary’s advisers acknowledge that his newfound political standing is tied, in part, to the state of the economy, which is now showing early signs of improvement. But Treasury officials also have updated their playbook after his Feb. 10 speech on financial recovery, which was panned by the press and blamed for a 381-point slide in the stock market.

They decided to “let Tim be Tim” and accepted the fact that his strength wasn’t giving a speech in front of a bunch of flags. Rather, they let reporters see him in off-camera, pen-and-pad settings, where he fielded questions with the confidence that his staff saw behind the scenes. He aced an interview with PBS’s Charlie Rose, thriving in a relaxed setting where he could explain issues at length.

… with this bit of economic reality:

China has warned a top member of the US Federal Reserve that it is increasingly disturbed by the Fed’s direct purchase of US Treasury bonds.

Richard Fisher, president of the Dallas Federal Reserve Bank, said: “Senior officials of the Chinese government grilled me about whether or not we are going to monetise the actions of our legislature.”

“I must have been asked about that a hundred times in China. I was asked at every single meeting about our purchases of Treasuries. That seemed to be the principal preoccupation of those that were invested with their surpluses mostly in the United States,” he told the Wall Street Journal.

[...]

The Oxford-educated Mr Fisher, an outspoken free-marketer and believer in the Schumpeterian process of “creative destruction”, has been running a fervent campaign to alert Americans to the “very big hole” in unfunded pension and health-care liabilities built up by a careless political class over the years.

“We at the Dallas Fed believe the total is over $99 trillion,” he said in February.

“This situation is of your own creation. When you berate your representatives or senators or presidents for the mess we are in, you are really berating yourself. You elect them,” he said.

His warning comes amid growing fears that America could lose its AAA sovereign rating.

I guess since the media tried to talk down the economy for the previous eight years, they may as well try and talk it up now that their boy is in the White House. The shame of it is that as the economy worsens, a lot of people are going to be shocked.

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Media Matters Takes On Sotomayor Quote

Water is wet, the sky is blue, and Media Matters tortures facts and logic to arrive at the conclusion that Sotomayor is being unfairly treated with respect to a prior statement:

Better than a white man?

Better than a white man?

“… 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.”

According to Media Matters, FoxNews babe Megyn Kelly and renowned ABC correspondent Jan Crawford Greenberg misrepresented the above remark and skewed Sotomayor’s true meaning:

Fox News host Megyn Kelly and ABC correspondent Jan Crawford Greenburg misrepresented a remark that Judge Sonia Sotomayor, President Obama’s nominee to the Supreme Court, made in a speech delivered at the University of California, Berkeley, School of Law, claiming that she suggested, in Kelly’s words, “that Latina judges are obviously better than white male judges.” In fact, when Sotomayor asserted, “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,” she was specifically discussing the importance of judicial diversity in determining race and sex discrimination cases.

Oh, so it’s okay if Sotomayor thinks that her race and gender make her a superior judge in certain cases. Obviously Kelly and Greenberg were horribly unfair then in accusing the SCOTUS nominee of thinking that in every case, since it’s perfectly justified to be a little bit racist and/or sexist … in some cases … sometimes.

As Media Matters for America has noted, former Bush Justice Department lawyer John Yoo has similarly stressed that Supreme Court Justice Clarence Thomas “is a black man with a much greater range of personal experience than most of the upper-class liberals who take potshots at him” and argued that Thomas’ work on the court has been influenced by his understanding of the less fortunate acquired through personal experience.

Well that really nails the coffin shut, doesn’t it? Media Matters goes to the man whom they were vilifying just two weeks ago as the arbiter of what sorts of statements concerning a judge’s race and gender are acceptable. Of course, in making the comparison between Yoo’s statement and Sotomayor’s, they miss a couple of critical points:

(1) In direct contrast to Sotomator’s statement, Yoo never claimed that Clarence Thomas’ experience made him a better judge than anyone else. Instead he merely pointed out that Thomas’ experience aids in his judicial decision-making, just as those who often attack him claim they want from diversity on the bench, and that comparatively, Thomas is in a much better position to understand the plight of the less fortunate than a bunch of upper-class liberals.

(2) Sotomayor was speaking for herself, while Yoo was speaking abouts someone else.

Furthermore, going back to first, misguided point, the claim that Sotomayor was speaking only about sex and discrimination cases is more than a stretch. In fact, she was directly countering a statement attributed to Sandra Day O’Connor, and not at all limiting her refutation of that sentiment to particular cases (my emphasis):

Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O’Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, 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.

While it’s true that Sotomayor is addressing sex and discrimnation cases overall, it’s clear that, in this passage, she is listing the reasons that she thinks the O’Connor (Coyle?) platitude is mistaken in general, not just in specific circumstances. Accordingly, Kelly and Greenberg get it exactly right, and Media Matters proves, yet again, that they no more than a propaganda outfit.

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RNC “Fumbles” Sotomayor Talking Points?

According to The Hill’s Blog, the Republican National Committee has already screwed up their opposition to Sonia Sotomayor’s nomination:

Whoops. The Republican National Committee (RNC) has apparently inadvertently released its list of talking points on the nomination of Judge Sonia Sotomayor to the Supreme Court.

Included on the released list were a few hundred influential Republicans who were the intended recipients of the talking points. Unfortunately for the RNC, so were members of the media.

Yikes! Sounds bad doesn’t it? There must be some mention of Sotomayor being an “especially dangerous” candidate because of her Hispanic ethnicity or something. Well, let’s have a look-see:

o President Obama’s nomination of Judge Sonia Sotomayor to the Supreme Court is an important decision that will have an impact on the United States long after his administration.

o Republicans are committed to a fair confirmation process and will reserve judgment until more is known about Judge Sotomayor’s legal views, judicial record and qualifications.

o Until we have a full view of the facts and comprehensive understanding of Judge Sotomayor’s record, Republicans will avoid partisanship and knee-jerk judgments – which is in stark contrast to how the Democrats responded to the Judge Roberts and Alito nominations.

o To be clear, Republicans do not view this nomination without concern. Judge Sotomayor has received praise and high ratings from liberal special interest groups. Judge Sotomayor has also said that policy is made on the U.S. Court of Appeals.

o Republicans believe that the confirmation process is the most responsible way to learn more about her views on a number of important issues.

o The confirmation process will help Republicans, and all Americans, understand more about judge Sotomayor’s thoughts on the importance of the Supreme Court’s fidelity to the Constitution and the rule of law.

o Republicans are the minority party, but our belief that judges should interpret rather than make law is shared by a majority of Americans.

o Republicans look forward to learning more about Judge Sotomayor’s legal views and to determining whether her views reflect the values of mainstream America.

Wow. That’s devastating. Republicans want a “fair confirmation process” devoid of “knee-jerk judgments” so that they can take the time to study Sotomayor’s record. Actually that sounds about right. Maybe this is one of those communiques that require a special liberal decoder ring to reveal the “code words” and their obviously racists message.

Pressing on with points about Obama’s motivations in picking a nominee:

o Liberal ideology, not legal qualification, is likely to guide the president’s choice of judicial nominees.

o Obama has said his criterion for nominating judges would be their “heart” and “empathy.”

o Obama said he believes Supreme Court justices should understand the Court’s role “to protect people who may be vulnerable in the political process.”

o Obama has declared: “We need somebody who’s got the heart, the empathy, to recognize what it’s like to be a young teenage mom, the empathy to understand what it’s like to be poor or African-American or gay or disabled or old-and that’s the criterion by which I’ll be selecting my judges.”

For sure, quoting the President in your talking points is a sneaky way to get around the racist message that must be lurking in there … I sure could use that decoder ring.

Further points:

o Justice Souter’s retirement could move the Court to the left and provide a critical fifth vote for:

o Further eroding the rights of the unborn and property owners;

o Imposing a federal constitutional right to same-sex marriage;

o Stripping “under God” out of the Pledge of Allegiance and completely secularizing the public square;

o Abolishing the death penalty;

o Judicial micromanagement of the government’s war powers.

Ummm … so that’s it? Talking points that reiterate what the GOP has been saying for years? I’m missing where the RNC “fumbled” anything. Instead, it looks like The Hill got pwned.

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Blago and Burris – Pay to Play?

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.

~McQ

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The Right’s Emerging Sotomayor Arguments

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.

~McQ

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Closing Dealerships Via Barack-Foolery?

I watched this story percolate throughout the day, wondering if there was anything of substance to it. Even now I’m not entirely sure how much is pure speculation and how much can be decisively proven. If any of it turns out to be true, however, then the repercussions could prove politically fatal. Doug Ross has the scoop:

A tipster alerted me to an interesting assertion. A cursory review by that person showed that many of the Chrysler dealers on the closing list were heavy Republican donors.

To quickly review the situation, I took all dealer owners whose names appeared more than once in the list. And, of those who contributed to political campaigns, every single one had donated almost exclusively to GOP candidates. While this isn’t an exhaustive review, it does have some ominous implications if it can be verified.

However, I also found additional research online at Scribd (author unknown), which also appears to point to a highly partisan decision-making process.

[...]

I have thus far found only a single Obama donor (and a minor one at that: $200 from Jeffrey Hunter of Waco, Texas) on the closing list.

Chrysler claimed that its formula for determining whether a dealership should close or not included “sales volume, customer service scores, local market share and average household income in the immediate area.”

In fact, there may have been other criteria involved: politics may have played a part. If this data can be validated, it would appear to be further proof that the Obama administration is willing to step over any line to advance its agenda.

Doug notes some anecdotal evidence to back up his theory, and reading through the various personal accounts from dealerships who claim to be successful, and yet who are being shut down, lends some credibility to the idea. As does the fact that the closing list is reportedly populated almost exclusively with Republican donors and/or those who gave money to Obama’s Democratic rivals. But the real test is in a comparison of the lists of dealerships staying open and those that are closing against a campaign donor database (which I haven’t done, but feel free to scrutinize them for yourself).

Nevertheless, the following bit of research from Red State strikes an ominous chord:

Eric Dondero recognizes some of the dealers’ names on the hit list:

“Vern Buchanan is a Republican Congressman from the Tampa Bay area. Robert Archer is the son of former Republican Congressman Bill Archer. John Culberson, a libertarian-leaning Conservative, is now the Congressman for that West Houston District. He was heavily supported in his election efforts by the Archers Family.”

“Additionally, James Crowley, owner of a Chrysler Dealership in Escondido, California is on the list to be closed. Crowley is a big backer of libertarian-leaning Republican Cong. John Campbell of Orange County.”

The list is heavy with influential Republicans and libertarians. Another name on the list is Ray Huffines, who owns a large dealerhsip in the Metro-Dallas/Ft. Worth area. The Huffines family have been major contributors to Rep. Ron Paul (R-TX) over the years.

It’s hard to know what to make of all this, but at first blush it certainly looks like the decisions to close dealerships may have been influenced by the political affiliations of the dealers. Under regular circumstances that would elicit a big shrug, but when Chrysler’s decisions are basically being made for them, well, that’s a whole ‘nother kettle of fish (via Reliapundit):

A lawyer for Chrysler dealers facing closure as part of the automaker’s bankruptcy reorganization said on Tuesday he believes Chrysler executives do not support a plan to eliminate a quarter of its retail outlets.

Lawyer Leonard Bellavia, of Bellavia Gentile & Associates, who represents some of the terminated dealers, said he deposed Chrysler President Jim Press on Tuesday and came away with the impression that Press did not support the plan.

“It became clear to us that Chrysler does not see the wisdom of terminating 25 percent of its dealers,” Bellavia said. “It really wasn’t Chrysler’s decision. They are under enormous pressure from the President’s automotive task force.”

Given the other sorts of thuggery that have been alleged in these Chrysler proceedings, this should come as no shock. But the fact that these closings will have to be approved by the creditors in the bankruptcy case lends a certain bit of intrigue to this case and raises a lot questions in my mind.

Assuming that the closings are motivated by political payback from Obama, how will that plan affect the stakeholders in the new company? If there really are profitable dealerships being shutdown just because they gave money to the wrong candidates, then it stands to reason that the remaining dealers will be something less than the cream of the crop, and therefore the new Chrysler will have a less than optimal distribution chain for its products. It’s not entirely clear why shutting down dealerships helps Chrysler anyway, since they are essentially the real customers of the carmaker, but it seems to me that those who plan to profit from the new venture would have something to say about the plan in the bankruptcy case. Presumably, they will want to protect their investment by challenging any plan for closings that does not maximize their return. If and when they do, it could get very interesting for Obama (again, assuming that any of this is true).

It should be noted that until some further confirmation surfaces, this story should be treated with a healthy dose of skepticism. Indeed, if it weren’t for the rather dictatorial way the Obama administration has dealt with the entire automaker bailout fiasco, these allegations of political payback would ring pretty hollow. Yet, considering the past bullying, the story definitely merits further consideration, so keep your eyes and ears open for more.

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The Burping Of The Lambs

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.

~McQ

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