My Oh My Oh Sotomayor

OK, we have a Supreme Court nominee so let the brawling begin!

WASHINGTON — President Obama announced on Tuesday that he will nominate the federal appeals judge Sonia Sotomayor for the Supreme Court, choosing a daughter of Puerto Rican parents raised in Bronx public housing projects to become the nation’s first Hispanic justice.

Judge Sotomayor, who stood next to the president during the announcement, was described by Mr. Obama as “an inspiring woman who I am confident will make a great justice.”

The president said he had made his decision after “deep reflection and careful deliberation,” and he made it clear that the judge’s inspiring personal story was crucial in his decision. Mr. Obama praised his choice as someone possessing “a rigorous intellect, a mastery of the law.”

But those essential qualities are not enough, the president said. Quoting Justice Oliver Wendell Holmes, Mr. Obama said, “The life of the law has not been logic, it has been experience.” It is vitally important that a justice know “how the world works, and how ordinary people live,” the president said.

Let's see - biography is destiny in Obama's America, a land he loves because it made his story possible, the story of a black man seeking this and that hooking up with a white chick looking for one thing or another... was any of that in Obama's speech today, or did he show mercy and compassion by dropping it?

Well, if being in touch with ordinary Americans is the criteria, Sotomayer is a major upgrade from Souter.

This NY Times article from May 14 provided some troubling quotes, including this:

“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,” said Judge Sotomayor...

Oh, boy - if I had to defend that, I would focus on the "I would hope" qualifier.  She is a Latina women, she no doubt aspires to wisdom, and she ought to hope that the combination would amount to something useful.  That said, if a similar quote had emerged for Roberts or Alito the nominaton woud have been withdrawn.  Jonathan Adler of the Volokh Conspiracy had thoughts.

That quote is from this address and it does not get less offensive in context.  The speech does provide some guideposts that may point her critics towards some interesting areas.  For example:

The aspiration to impartiality is just that--it's an aspiration because it denies the fact that we are by our experiences making different choices than others. Not all women or people of color, in all or some circumstances or indeed in any particular case or circumstance but enough people of color in enough cases, will make a difference in the process of judging. The Minnesota Supreme Court has given an example of this. As reported by Judge Patricia Wald formerly of the D.C. Circuit Court, three women on the Minnesota Court with two men dissenting agreed to grant a protective order against a father's visitation rights when the father abused his child.

You go, girls!  But was this decision based on a plausible reading of the law, or was it legislation from the bench?  I can't track down the case but the answer might be illuminating.

The New Haven case will get a lot of attention; from the Times:

On the appeals court, Judge Sotomayor has not been involved in many hotly disputed decisions, but one that she participated in is before the Supreme Court right now. As part of a panel, she voted to uphold New Haven’s decision to throw out a set of fire department promotion tests because no minority candidates made the top of the list. White firefighters who scored high but were denied promotion are appealing that ruling.

Here is some background and a reflexive defense of the liberal party line from the Times.

LAST GASP:  Stanley Fish on empathetic judges, justice, and the law.  Ann Althouse advises the right to plan on losing gracefully and sharpening their arguments for next time.  Hmm, I am pretty sure we don't do either "graceful" or "sharp", but time will tell.

Comments

[Rick Ballard]

Jane,

What's the downside to declaring a war on the United States with Obama as President?

[RichatUF]

Jane, sort of. The Armistice is a cease fire that the North Korean's violate in spirit on a general basis, however, it appears that South Korea has joined or indicated that they will join in US efforts re: the Proliferation Security Initiative, which would place all shipping into and out of North Korea subject to search by PSI contracting parties. NK looks poised to start shooting again at ships and ROK personnel around Youn Pyung Island and the Northern Limit Line in the Yellow Sea. They have indicated numerous time that they will turn Seoul "into a sea of fire" so I'm not surprised that NK is upping the stakes at this point. They'll get a much better deal with the Obama Administration than they got with either Clinton or Bush.

Wonder what the new axis of evil: North Korea, Iran, Pakistan, Syria, and Venezuela: are cooking up now that the Obama Administration is pissing its pants over what to do with Lil' Kim.

[Jane]

So Rich,

What do you expect to happen next? Do you expect that the President will stop the searches? What about all our guys still stationed in S. Korea? Is this a slow moving or fast moving thing?

[Rick Ballard]

I think we'll have to wait until the man finishes his waffle to find out, Jane. Shouldn't be long, a few months at most.

[bad]

Here is the phone number of the hospital that finds the American flag to be an offensive display inside a business office.Phone:

Kindred Hospital (817) 473-6101

When you call, they will point out that they fly a flag outside.

BFD

Story in the LUN

[clarice]

Blame the people who run the various administrative agencies dealing with employment--they have made administrators petrfieid of offending anyone for anything..

[Jane]

I think we'll have to wait until the man finishes his waffle to find out, Jane.

So sad, and so true. Perhaps he has a golf game scheduled.

[clarice]

Rick--the neon lights:

http://www.americanthinker.com/blog/2009/05/the_unions_pyrrhic_victory_ove.html

[matt]

60% of her decisions have been overturned and this is who Obama nominates? Glad I'm headed to S Korea next. I think it's safer there at the moment. Fewer crazies.

[clarice]

It'll be more than 60% when her ridiculous decision about the firefighters is decided by the SCOTUS this term--it certainly will be overturned. (If it isn't sharpened pikes are at hand.)

[RichatUF]

Jane-

In brief, I think that this thing could get hot pretty quickly both from the NK side and the SK side regardless of Obama Administration actions.

Kim Jong Il didn't look well in those recent pictures and this might be a test to determine how loyal the military is to him. He runs a Sopranos State, but the Sungian old guard in the military are dieing off and being replaced with younger types that a more quick on the trigger and vastly more corrupt (and drug addicted). From the South Korean side, the Lee government has to be getting tired of the North Korean issue (it is a significant interference to Lee's and the GNP's 7-4-7 economic program) and the "Sunshine Policy" has been shown through the previous 2 administrations to be a corrupt failure. Lee needs another policy because tossing Kim a few sacks of money everytime he acts up hasn't worked and has made the situation more dangerous not less.

In all of this, I can't really see the upside for China in keeping the Kim regime around or the desirability of a nuclearized Korean Peninsula. It would be cheaper for China in the long run and probably give them an easier time to gain the regional hegemony they seek if they were to "help" the Kim regime into the grave and allow the Korean Peninsula to be reunited under the South's leadership.

[narciso]

What, someone from the 9th Circuit wasn't available, Good luck there, Matt, you really have some interesting assignments

[Danube of Thought]

'Mornin' everybody.

Conrad Black's case will be heard and determined in the term beginning next October, so he's got a year to go in the slams no matter what.

I don't think the Supremes took this for any other reason than to reverse it. Of course, since he's a white businessman we now know there will be one vote against him regardless of the facts and the law.

Sorry to see the strongly approve number jump back up to 34%, but the trend is still mighty fine. God, but I have come to hate this man.

[Jane]

Kim Jong Il didn't look well in those recent pictures and this might be a test to determine how loyal the military is to him.

Rich,

(Pardon my obvious stupidity) but if the guy is dying what difference does it make if they are disloyal? Isn't his youngest son supposed to take over, and doesn't he have the military in his corner.

You know my favorite client of all time is a Korean War veteran. He must be devastated.

[Pofarmer]

"(Pardon my obvious stupidity) but if the guy is dying what difference does it make if they are disloyal?"

You are asking rational questions of an irrational actor.

[Rick Ballard]

"I can't really see the upside for China in keeping the Kim regime around or the desirability of a nuclearized Korean Peninsula."

Rich,

I can't discount the possibility that the Chicoms use NK as a "messenger". Leave their mercantilist slave state alone or the rabid loon next door will be allowed off his leash. The impact of fleets of helicopters applying Uncle Ben's Economic Miracle Grow to Chicom dollar holdings has them a bit nervous.

[RichatUF]

Jane-

(Pardon my obvious stupidity) but if the guy is dying what difference does it make if they are disloyal?

He possibly had a stroke but he could linger on for many years with his praetorian guard and doctors around him. And it comes down to centralized control of the military and internal security bureaucracies-there could be different factions some of which are not fully loyal to Kim's and his various sons in government (it took nearly 3 years for Kim to consolidate his dictatorship) and they could shooting at one another to gain the upper hand. And some factions are more fanatical on the South Korean issue than others, which might have them start shooting across the border and in disputed waters to gain the upper hand.

I'm also not so sure about a familial succession this time because Kim's family makes the dynastic politics of the Saudi Royal Family look peaceful (and modest as far as lifestyle) in comparison.

[Danube of Thought]

Does Jonathan Turley remind anyone else of Rex Reed? And was anyone as bitterly disappointed as I was that Reed didn't do time for his shoplifting beef?