Sonia Sotomayor: Supreme Empathizer?

Discussion in 'Current Events' started by Carole, May 26, 2009.

  1. Carole
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    Carole Rookie

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    With President Obama's nomination of Judge Sonia Sotomayor to the Supreme Court we now know for sure what he meant at that press briefing at the beginning of the month. The president said "I view that quality of empathy, of understanding and identifying with people's hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes."

    Several days later I wrote in this space: "While a Supreme Court Justice is identifying with the people's hopes and struggles will they truly be dedicated to the rule of law? Or is this yet another way Mr. Obama plans on remaking America? Is he hoping to stack the deck for or against certain people or groups? Each case before the court has at least two parties. Which side will the new justice empathize with? Which side's hopes and struggles will he or she identify with?"

    We now know the answer to those questions as well.

    post shortened and link inserted to comply with board copyright rules

    http://www.talkingsides.com/blogs/2009/05/26/sonia-sotomayor-supreme-empathizer#more182
     
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  2. WillowTree
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    no she won't,, they just write their opinions, they don't have to justify them and as she is on record as saying. "we make the policy" interesting innit?
     
  3. WillowTree
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    A Judicial Review: Justice Sonia Sotomayor | PoliticsUnlocked.com






    President Barack Obama will soon name a Supreme Court nominee to fill the shoes of Justice David Souter.

    Mr. Obama has stirred the pot in explaining what he is looking for in a justice, saying, “I will seek somebody with a sharp and independent mind, and a record of excellence and integrity. . . I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a case book, it is also about how our laws affect the daily realities of people’s lives, whether they can make a living, and care for their families, whether they feel safe in their homes, and welcome in their own nation. I view that quality of empathy, of understanding and identifying with peoples hopes and struggles as an essential ingredient for arriving at just decisions and outcomes.”

    This is more a working man’s justice than an ivory tower intellectualism. Critics have already attacked Mr. Obama’s statement as though it sacrifices legal principles in favor of emotional sympathy. This is hardly likely, given Mr. Obama’s own background in education, role as a constitutional law professor and keen intellect, but it remains to be seen whether the issue will play into the selection of a candidate or the argument at hearings on confirmation. The overwhelming Democratic majority in the Senate may finally reduce the hearings to the pro-forma confirmation of years gone by.






    A Judicial Review: Justice Sonia Sotomayor | PoliticsUnlocked.com
     
  4. PoliticalChic
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    There is no debate here as to the quality of Justice Sotomayor,and as to the compelling personal history that she brings.

    Clearly the Democrat majority has made the confirmation a rubber stamp, but we can still use this exercise as a lesson, a further enlightenment, of the differences between liberal perspective and conservative perspective.

    Compare the 'empathy' component in selection of a candidate, and in the judgement as to cases before the court, and the statement of Justice Roberts, who was asked a question in Senate hearings, along the lines of his empathy:
    ""If the Constitution says that the little guy should win, then the little guy's going to win in the court before me," Roberts told senators. "But if the Constitution says that the big guy should win, well then the big guy's going to win because my obligation is to the Constitution."

    Over and over, he has assured lawmakers his rulings would be guided by his understanding of the facts of cases, the law and the Constitution, not by his personal views.

    This should be the defining question in any confirmatin hearing.
     
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  5. WillowTree
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    I'm certain that it will be,, but in today's atmosphere it won't apply.. clearly the totus has chosen a judge who will do exactly the opposite,, she will rule not based on law and constitution but through "empathy" hence Conn.
     
  6. DavidS
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    DavidS Anti-Tea Party Member

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    One of the best reasons why you are my favorite Right-Wing poster on here. Thank you.
     
  7. Vel
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    Actually PC, this is not necessarily a rubber stamp type situation. At least 1 republican on the Judiciary committee has to vote for her to get her nomination out of committee. With Arlen Specter gone, Jeff Sessions is now the ranking republican on the committee. I really like and respect Sessions, but since Lyndsey Graham is also on the committee, I don't hold out much hope of having her nomination stopped.


    We confirmed the Senate Judiciary Committee's rule that the blog cited. Rule IV states, "The Chairman shall entertain a non-debatable motion to bring a matter before the Committee to a vote. If there is objection to bring the matter to a vote without further debate, a roll call vote of the Committee shall be taken, and debate shall be terminated if the motion to bring the matter to a vote without further debate passes with ten votes in the affirmative, one of which must be cast by the minority."
    PolitiFact | Rush is right about Judiciary Committee rules
     
    Last edited: May 26, 2009
  8. oreo
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    oreo Gold Member Supporting Member

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    So basically according to the OPT's post this woman is in favor of "reverse" discrimination because no blacks passed the examination for the fire department?

    This is scary--very scary!

    It looks like we have a judge that will be ruling out of personal opinion & personal "empathy" versus constitutional law. Therefore, she will be writing legislation versus following it.
     
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  9. PoliticalChic
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    Republican policy through the Bush Administration was that every judge deserved an up or down vote. If this policy is continued, then clearly Judge Sotomayor will be confirmed.
     
  10. Annie
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    Annie Diamond Member

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    Her story is compelling and inspirational, that however doesn't equate with SOCTUS mindframe. Much more at site, including links:

    The Volokh Conspiracy - -

     

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