Texas Darlin’ on Sotomayor: Still ugly

June 15, 2009

I can’t bite my tongue and let idiots rage on unfairly and inaccurately about important matters.

Earlier I noted the difficulties with reality at Texas Darlin’.  The warden of the blog dropped by and suggested I should join the discussion there if I had something to say.  It always ends badly.  Someone there says something plug ugly stupid, and I note the facts.  My posts get edited, or censored.

Some post linked there, and I looked.  I couldn’t resist.  The owner and commenters are flailing around like a bass in the boat, trying to make a case that Sonia Sotomayor shouldn’t be a justice of the Supreme Court.  They have convinced themselves that she’s a racist, she’s sexist, she got where she is solely because of affirmative action and the Great Cabal that Runs the World.  And they are stuffing tinfoil in their ears now — it makes their hats leak, but it keeps them from hearing anything that might upset them.

I expect they’ll remove my posts soon.  If you care, I’ve made some defense of Sonia Sotomayor, and I copied the posts below the fold.  Texas Darlin’ inmates correspondents repeat every canard about Sotomayor you can imagine.  And some you can’t imagine.

Texas Darlin’ is neither.

I am persuaded to do a series of posts on the nomination of Sotomayor.  In the interim, here’s my attempt to square things at Texas Darlin’, below the fold.

Read the rest of this entry »


The truth about Judge Sotomayor

June 11, 2009

Nina Totenberg of NPR wins great respect as a reporter on the Supreme Court for a reason:  She’s a great reporter.

Totenberg on Judge Sonia Sotomayor’s alleged race bias:

As a judge, Sotomayor has ruled in 100 cases that involve questions of racial discrimination of one sort or another. Tom Goldstein, Supreme Court advocate and founder of the leading Supreme Court blog, has read all of those decisions. He says that Sotomayor does not seem to put her thumb on the scale and has in fact, most of the time, ruled against those charging discrimination.

In only 1 of out 8 cases, he says, has she favored in some sense claims of discrimination.

“The fact that she so rarely upholds discrimination claims I think answers the idea that she is always angling for minorities,” he says.

Totenberg on Sotomayor’s statements about judge-made law and policy:

And if the New Haven case is a harbinger in one direction, there are other cases that point the other way too. Sotomayor, for example, dissented when her colleagues allowed the New York City Police Department to fire one of its officers for sending hate mail on his own time. While the hate mail was patently offensive, hateful and insulting, Sotomayor wrote, it did not interfere with the operations of the police department, and, she observed, under our Constitution, even a white bigot has the right to speak his mind.

In another case involving a black couple bumped from an American Airlines international flight, Sotomayor said their race discrimination claim was clearly trumped by an international treaty governing airline rules. It matters not, she said, that her ruling might mean airlines could discriminate on a wholesale basis and that there would be no legal recourse. The treaty’s language is clear and it is not for the courts to make policy, she said, adding that if policy is to be changed, Congress or federal agencies must do it.

White bigots ought to study more and flap less.


10 things about Judge Sonia Sotomayor

May 27, 2009

Those people over at MoveOn.org move quickly:

Ten Things To Know About Judge Sonia Sotomayor

  1. Judge Sotomayor would bring more federal judicial experience to the bench than any Supreme Court justice in 100 years. Over her three-decade career, she has served in a wide variety of legal roles, including as a prosecutor, litigator, and judge.
  2. Judge Sotomayor is a trailblazer. She was the first Latina to serve on the Court of Appeals for the Second Circuit and was the youngest member of the court when appointed to the District Court for the Southern District of New York. If confirmed, she will be the first Hispanic to sit on the U.S. Supreme Court.
  3. While on the bench, Judge Sotomayor has consistently protected the rights of working Americans, ruling in favor of health benefits and fair wages for workers in several cases.
  4. Judge Sotomayor has shown strong support for First Amendment rights, including in cases of religious expression and the rights to assembly and free speech.
  5. Judge Sotomayor has a strong record on civil rights cases, ruling for plaintiffs who had been discriminated against based on disability, sex and race.
  6. Judge Sotomayor embodies the American dream. Born to Puerto Rican parents, she grew up in a South Bronx housing project and was raised from age nine by a single mother, excelling in school and working her way to graduate summa cum laude from Princeton University and to become an editor of the Law Journal at Yale Law School.
  7. In 1995, Judge Sotomayor “saved baseball” when she stopped the owners from illegally changing their bargaining agreement with the players, thereby ending the longest professional sports walk-out in history.
  8. Judge Sotomayor ruled in favor of the environment in a case of protecting aquatic life in the vicinity of power plants in 2007, a decision that was overturned by the Roberts Supreme Court.
  9. In 1992, Judge Sotomayor was confirmed by the Senate without opposition after being appointed to the bench by George H.W. Bush.
  10. Judge Sotomayor is a widely respected legal figure, having been described as “…an outstanding colleague with a keen legal mind,” “highly qualified for any position in which wisdom, intelligence, collegiality and good character would be assets,” and “a role model of aspiration, discipline, commitment, intellectual prowess and integrity.”

Sources for each of the 10 things:

1. White House Statement, May 26, 2009.
http://www.moveon.org/r?r=51451&id=16226-5763840-nrcJckx&t=1

2. White House Statement, May 26, 2009.
http://www.moveon.org/r?r=51451&id=16226-5763840-nrcJckx&t=2

3. Cases: Archie v. Grand Cent. Partnership, 997 F. Supp. 504 (S.D.N.Y. 1998) and Marcella v. Capital Dist. Physicians’ Health Plan, Inc., 293 F.3d 42 (2d Cir. 2002).

4. Cases: Flamer v. White Plains, 841 F. Supp. 1365 (S.D.N.Y. 1993), Ford v. McGinnis, 352 F.3d 382 (2d Cir. 2003), and Campos v. Coughlin, 854 F. Supp. 194 (S.D.N.Y. 1994).

5a. “Sotomayor’s Notable Court Opinions and Articles,” The New York Times, May 26, 2009.
http://www.moveon.org/r?r=51454&id=16226-5763840-nrcJckx&t=3

5b. Cases: Bartlett v. N.Y. State Board, 970 F. Supp. 1094 (S.D.N.Y. 1997), Greenbaum v. Svenska Hendelsbanken, 67 F.Supp.2d 228 (S.D.N.Y. 1999), Raniola v. Bratton, 243 F.3d 610 (2d Cir. 2001), and Gant v. Wallingford Board of Education, 195 F.3d 134 (2d Cir. 1999).

6. “Sonia Sotomayor: 10 Things You Should Know,” The Huffington Post, May 26, 2009.
http://www.moveon.org/r?r=51452&id=16226-5763840-nrcJckx&t=4

7. “How Sotomayor ‘Saved’ Baseball,” Time, May 26, 2009.
http://www.moveon.org/r?r=51455&id=16226-5763840-nrcJckx&t=5

8. “Sotomayor’s resume, record on notable cases,” CNN, May 26, 2009.
http://www.moveon.org/r?r=51453&id=16226-5763840-nrcJckx&t=6

9. “Sotomayor’s resume, record on notable cases,” CNN, May 26, 2009.
http://www.moveon.org/r?r=51453&id=16226-5763840-nrcJckx&t=7

10a. Judge Richard C. Wesley, a George W. Bush appointee to the Second Circuit.
http://www.moveon.org/r?r=51451&id=16226-5763840-nrcJckx&t=8

10b. “Sotomayor is Highly Qualified,” The Wall Street Journal, May 9, 2009.
http://www.moveon.org/r?r=51456&id=16226-5763840-nrcJckx&t=9

10c. Honorary Degree Citation, Pace University School of Law, 2003 Commencement.

  • Judge Sotomayor is a widely respected legal figure, having been described as “…an outstanding colleague with a keen legal mind,” “highly qualified for any position in which wisdom, intelligence, collegiality and good character would be assets,” and “a role model of aspiration, discipline, commitment, intellectual prowess and integrity.”ere are the sources for the ten statements:

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