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« "I find the posy-bearing 'compelling life story' idea to be gag-inducing." | Main | Blustering amongst friends »

Wednesday, May 27, 2009


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Alas, there is not stopping this. She will be seated. The best conservatives can hope for is that the Republicans can make their point as to why she is unqualified without offense.

Justice is supposed to be blind. Empathy, life experience and ideology are not a part of the judicial process. The law is the law and should be applied without regard to the color, social status or wealth of the litigants.


You can't pin them down.

You ask a straight question, they go over the river and through the woods through black holes and back to avoid giving a straight answer.

So the law must be applied the same way.

You cannot just decide, "Did so and so do or say whatever, here's the penalty". You have to feel sorry for them and uncover all the possible stupid excuses for someone breaking the law.

Morgan K Freeberg

This is the kind of idiocy that would die out overnight if only there was a name for it. "Judicial Activism" did a fair share of damage; this is something else though.

According to this legal theory, "empathy" is one of the most important traits in a Supreme Court justice, and this empathy cannot be felt across a class line. So the court has a black seat, a female seat, a Jewish seat and a disabled seat. If you're getting the impression that what's being assembled here, is a sort of "council" to make the policies that will impact all these Time comes to put someone on the Supreme Court, and what we need to do is find the most average, mediocre, height-of-the-bell-curve kinda bland person selected from whatever class is associated with the seat that just opened up.

Here's the first problem that comes up, by that I mean, AFTER the glaringly obvious problem of legislating from the bench: Among all these extraordinarily-normal class representatives on the nation's High Court, where is the verticality? The Supreme Court, if it finds justification for doing so, can reverse decisions rendered by the extraordinarily-normal persons sitting on State Supreme Courts. If the task under which everyone is laboring is to be so gosh-darn normal and halfway-point in noodling out every little thought that goes through their ordinary heads, then what makes the normal people on the Supreme Court so much smarter than the normal people on lower courts?

This nomination is the kind of decision made in anger. It has too much to prove, about straight-white-guys being unsuitable for...this decision...that decision...empathy...whatever. Too much to prove period. And that is a winning Republican slogan for 2010 and 2012: The democrat party behaves, in victory, exactly the way an emotionally-immature and developmentally-incomplete, but overall-mentally-balanced person, perhaps a child, might behave in defeat. They're scolding, they're angry, they're jealous, and they have something to prove. Lots of things they want to prove. None of them positive. Too much to prove.

It's like they don't know they won.


The empathy pitch was a misguided approach for a SCOTUS nominee, but despite the poor PR pitch I still think that Sotomayor is very highly qualified for the position. What really irritates me is that the Right is attacking her ethnicity and gender and stereotyping her as "overly emotional" and "hotheaded." Tancredo's racist comments go over the top by taking a statement out of context. For the full story and a great clip from the Young Turks comparing ethnic stereotypes of Scalia and Sotomayor, check out this video


I don't care about the color of her skin, or her gender, her disability or not, what I do care about is this kind of thinking on the highest court in the land, for life.

"All of the Legal Defense Funds out there — they’re looking for people with Court of Appeals experience. Because it is — Court of Appeals is where policy is made. And I know, and I know, that this is on tape, and I should never say that. Because we don’t ‘make law,’ I know. [audience laughter] OK, I know. I know. I’m not promoting it, and I’m not advocating it. I’m, you know. [audience laughter]”

I suppose everything she has ever said that comes under examination in the consideration of her, should just be written off now as being "taken out of context" and any characteristics exhibited by her as "stereotying" and those submitting criticism should be labeled "over the top" "racists"? That really irritates me.


I agree with you Renee. The media this morning as already putting out the question..'do the republicans dare oppose the first Hispanic supreme court appointment?

I say why the hell not! The democrats never missed an opportunity criticize the nomination of Attorney General Gonzales.

It is absolutely amazing. The only people who cannot state the obvious according to the media are conservatives. While the democrats literally get to make shite up and claim it as absolute truth!

Morgan K Freeberg

I know what to call it. Dr. Sowell gave me inspiration, as he so often does.

Selective Empathy doctrine.

A spirit of non-selective empathy would have, just as an example, compelled Judge Sotomayor to provide a more decent hearing to those white firemen who were denied their promotions based on the color of their skin. Sotomayor, therefore, represents a whole new generation of judicial officer, one that is selectively empathic.


Obama loves those latino catholics.

Catholics United, the democrat led obamacath organization says on this appt to the Vatican...

“Catholics United is thrilled to learn that Dr. Miguel Diaz has been nominated as U.S. ambassador to the Holy See. Dr. Diaz is a devout Catholic, a respected theologian, a leader in the Catholic Latino community, and a dedicated husband and father of four children. We have full confidence that he will serve our nation well and we invite all Catholics to join us in celebrating this historic nomination,” Chris Korzen, the group's executive director, said in a statement.

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