Judge Sotomayor: "The Court is Where Policy is Made"

Judge Sonia Sotomayor of the Second Circuit Court of Appeals is one of the likely candidates to replace Justice Souter. Chuck Schumer has been pushing her name and she meets Obama's stated interest in increasing diversity on the bench (she's Hispanic).

So, what kind of judge is she? Morgen, of the blog Verum Serum, found this:

"All of the legal defense funds out there-- they're looking for people with court of appeals experience. Because court of appeals is where policy is made. And I know, I know this is on tape and I should never say that because we don't make law. [Laughs] I know. I know. [Laughter] I'm not promoting it, I'm not advocating it, I'm...y'know."

Check out that hand wave at the end. She walks it back, sure, but there's no question what she believes. She thinks she gets to make policy and she knows that she's not supposed to say that out loud. This is what Obama is looking for on the bench.

Incidentally: This is probably a good time for a discussion about timing. Morgen, who found this, had a tough choice. He's found something juicy, but it may be even better to sit on it for a while (like, say, until Obama nominates Sotomayor for something). On the other hand, if he sits on it, someone else may find it and break it first.

There's a limit on the effectiveness of stuff like this. If the Reverend Wright stuff had come to light in October, the last election may have turned out differently. But by the time the election rolled around everybody had adapted to it, justified it in their own minds, and moved on. It was "old news" and not worth getting upset about.

Of course, once people started scrutinizing Wright it all came out. It was over and done. That's what news media (and blogs) are about. Getting the story and sharing it. The same can be true for Obama's likely choices to replace Souter.

Everybody's looking at Sotomayor, Kagan, and Wood now, but whoever Obama wants probably won't be nominated until mid-June at the earliest. The real deadline isn't until October, when the Court's next term begins, although the President is going to want to give his choice an opportunity to get settled and hire clerks. All this attention now might give the moderate Democrats, who might have a problem with Judge "I Make Policy" Sotomayor or the other likely nominees, time to adapt.

I'm not criticising Morgen. I'm just saying, sometimes it's a balancing act. Just like the legacy media, bloggers are advocates. We want certain outcomes and in this case Morgen and I want Obama to end up with pie on his face before the Souter seat is filled. But we also want to break big stories and scoop the rest of the blogs.

Posted by: Gabriel Malor at 01:25 PM



Comments

1 Another fine example of what passes for an intellectual on the left. Can't wait for her opinions full of "like, y'knows" to become part of the official history.

Posted by: Dang Straights at May 03, 2009 01:31 PM (dnHdG)

2 I'm shocked that there's law-making going on here.

Posted by: your winnings, sir at May 03, 2009 01:34 PM (PD1tk)

3 Wow. JUST...wow. These people have zero respect for our institutions.

Posted by: Dr. Manhattan at May 03, 2009 01:35 PM (OkrJ4)

4 It's nice to finally have some democrats say what they really mean. It got tiresome to sort through the nuance trying to figure out what they meant when they used words like "it" and "sex". You go Soto.

Posted by: pendejo grande at May 03, 2009 01:37 PM (gudTT)

5 How could the Founding Fathers have ever thought of cars, or the internet, or SPACE travel? WE have to decide what they didn't know and REALLY meant.

Y'KNOW what Im sayin andithinkyado.

Posted by: Kearneys Dad at May 03, 2009 01:37 PM (jSe7a)

6 Don't judges make case law every day?

I think the real problem is not judicial law-making, but interpretation focused on outcome rather than precedent, original intent, and clear meaning of words.

Posted by: eman at May 03, 2009 01:38 PM (Dec0Z)

7 I don't think this lady will get a shot. Apparently, she doesn't play well with others. That attitude will alienate justices on the court and limit her effectiveness.
But then again, you know how Barry is...

Posted by: jaleach at May 03, 2009 01:42 PM (gHrZU)

8 Nosotros Somos El YOO-DEE-SHE-ERY!

No necessitamos no Constitution apestando!

Translation for you monolingual troglodytes on the Right:

We are the Judiciary!

We don' need no steenking Cons-tee-too-shun!!!

Posted by: Milesdei at May 03, 2009 01:44 PM (FS9ko)

9 I wonder if she's ever "yada, yada"-ed sex?

Posted by: andycanuck at May 03, 2009 01:44 PM (ydAip)

10 You better save a copy of that....it will likely be pulled down the rat hole if she gets closer to being picked.

Posted by: mrbill at May 03, 2009 01:46 PM (rEgvK)

11
Punchline: The 21st Hijacker will strike her from his consideration list because her lame attempt at a walking it back marks her as too right-wing.

Posted by: MikeO at May 03, 2009 01:48 PM (hz67i)

12 i have a friend that is on the 4th circuit ct of appeals. if he ever, ever acted like this in front of a camera, in public or in the privacy of his own home, his wife would shoot him. he's got a good wife.

Posted by: kelley in virginia at May 03, 2009 01:53 PM (g568/)

13 Of course, once people started scrutinizing Wright it all came out. It was over and done

As long as the media is on Obamas pocket it doesnt matter when this shit comes out. It will be a ho hum doesnt mean anything issue. Hell, look at the Edwards baby thing. That was a non-ssue until the National Inquirer forced them to take notice of it.

Think about this way, if the internet and the blogs were not around, the stuff like Wright would never get out.

And this idiot judge is about like the idiot they had on the news a few nights ago. The election decided what the Constitution means.

Think about that little bit iof a statement and the type of people who make it.

Posted by: Vic at May 03, 2009 01:53 PM (f6os6)

14 she meets Obama's stated interest in increasing diversity on the bench (she's Hispanic).

She's Jewish. A retarded blind man facing the wrong direction could see that.

Posted by: Moby Huan Kenobi at May 03, 2009 01:55 PM (OIHSp)

15 Give up the info.
Information should be shared, not manipulated by the "media."

Posted by: Douglas at May 03, 2009 01:56 PM (uU+Ss)

16 @GM

while your point about strategically releasing information makes sense, I think in this case and in Reverend Wright's where both of these people appear to be ideologically extreme (though in different ways) the release of a potentially damaging bit of info too early is probably mitigated by the fact that there are likely many other missteps and incriminating evidence

for Wright, more and more hateful comments came out..in Sotomayor's case if she can say this during a public conference then its pretty likely that even more ridiculous things will come out in her writings

Posted by: republican at May 03, 2009 01:58 PM (EegTB)

17 She reminds me of that disgusting Genine Gerafalo bitch....non-thinking twat.

Posted by: momma at May 03, 2009 02:02 PM (penCf)

18 I will agree that there is one thing that the actual Senate Republicans, as well as those in the pressure groups, should keep in mind. Dont come out with 6 guns blazing on an early candidate who has been floated. Likely as not the float is only there to garner attention and to get the opponents to use up their ammunition, much like throwing a noise maker from behind barricade to make the enemy fire his guns.

If you come out blazing away too early at someone they never had any intention of running to begin with they can make you look like a real obstructionist when they throw out their real candidate who is almost as bad as the one that was a dummy and you oppose them as well.

The best thing the professional Republicans could do for this rumor is just have something like a side remark that would go something like "Nah, they will not nominate her because she is far too partisan and is not quailified".

Posted by: Vic at May 03, 2009 02:05 PM (f6os6)

19 What are we worried about, really? Barry can't make a capable appointment to save his life. Anyone he picks probably hasn't paid their taxes, or paid their nannies, or some shit. Hell, Souter's seat will probably remain empty for the next couple of years.

Posted by: jaleach at May 03, 2009 02:05 PM (gHrZU)

20 at least we have her on record.

Posted by: w2 at May 03, 2009 02:08 PM (MobLv)

21 Vic at May 03, 2009 02:05 PM
Yeah, that ship sailed when you had Republicans in front of cameras during the Roberts and Alito hearings saying how they voted to confirm Clinton picks because they believe the president has the right to pick who he wants. Unless Barry picksZombie Karl Marx, this isn't a hill youshould die on. It's not like it will significantly alter the court.
Now if a conservative steps down at some point, it's time to go nuclear.

Posted by: jaleach at May 03, 2009 02:09 PM (gHrZU)

22 shockingly unshockling.
btw, read this great article on The One and liberal policy from Steyn, <a href="http://pfx.me/l9'>http://pfx.me/l9">http://pfx.me/l9</a>

Posted by: w2 at May 03, 2009 02:10 PM (MobLv)

23 sorry messed up that Steyn post link, here it is:
<a href="http://pfx.me/l9">http://pfx.me/l9</a>

Posted by: w2 at May 03, 2009 02:11 PM (MobLv)

24 something weird here, let's try this:
http://pfx.me/l9

Posted by: w2 at May 03, 2009 02:12 PM (MobLv)

25 There shouldn't be a question of 'timing' any more. Anyone who's name has been mentioned needs to be thoroughly exposed as the nutjob leftist they are. What happened to all the talk about 'playing by their rules'? We need to expose the stench of every POS that the administration tries to foist on us, make it so clear that they are so poisonous and vile they have no place on the Supreme Court, much less being allowed to practice law. I'm not talking about smearing (which the leftists will squeal, of course), I'm talking about getting their radical, collectivist views out there and keeping them out there, early and often. Anytime someone searches for this wretch they should get that video. If we need to donate to put it higher in the search engines, that's what we do.

Scorch the earth, pour salt, repeat as necessary.

Posted by: Dang Straights at May 03, 2009 02:12 PM (dnHdG)

26 Given that we had a candidate who wasn't interested in pushing Wright on his own when he was actually running against Obama, the question of what damage Wright could have caused later in the game is still a hypothetical one.

As far as timing, with 60 votes in the Senate, I honestly think Obama is going to get virtually anybody he wants and even this isn't extreme enough to fall into the exception. The most we can do is bring this stuff up now to try to get him to pick somebody else. We could just embarrass him after the nomination for the fun of it, but that's not going to lead to anything, at least in the short-term; what we'd be hoping for is just to pile this stuff up to the point where other people notice (2-3 years from now) "hey, this guy's a radical." Since the decisions the court renders will do that anyway, I say we bring it up now.

Posted by: AD at May 03, 2009 02:12 PM (B9p4m)

27 If Mary Landrieu, Ben Nelson, Byron Dorgan or Blanche Lincoln voted for Sotomayor, whether in committee, to invoke cloture or on final passage, they could kiss their jobs goodbye. She is WAY out in lunatic left field even compared to the other possible Obama nominees--she is probably THE single most leftwing judge appointed by Bill Clinton, which is saying a lot.

If I recall correctly, she's had "temperment/professionalism" issues on the bench as well, unrelated to actual decisions, that could make for face-saving ways to avoid nominating her.

Posted by: Dave J. at May 03, 2009 02:13 PM (qsGH+)

28 Also, pat got a 'lanche this morning. Don't know if everyone e-mailed him like I did, or if he found it organicly, but don't matter.

Pat's got some back now.

Posted by: Douglas at May 03, 2009 02:14 PM (uU+Ss)

29 Posted by: Vic at May 03, 2009 02:05 PM (f6os6)

That's playing not to lose, where has it gotten us so far?

Posted by: Dang Straights at May 03, 2009 02:15 PM (dnHdG)

30 I love how Democrats are fine with people doing things as long as they don't say what it is they're doing.

Posted by: JohnJ at May 03, 2009 02:17 PM (VQsAI)

31
I'm not criticising Morgen.

What's with the canadian-speak?

Posted by: D-ling at May 03, 2009 02:17 PM (yK8Vl)

32 DaveJ has it right

You think a nominee like Sotomayor, Sullivan or Kagan will pass the smell test when they claim there isn't an individual right to bear arms? Considering that's supposedly one of the most important rights that senators like Tester, Webb, Casey Jr. claim to value?

Let's put them on record.

Posted by: republican at May 03, 2009 02:20 PM (EegTB)

33 On Fox Sunday this morning I heard Juan Williams arguing that (a) court decisions are how law is changed, and (b) how Obama, in seeking judges with "empathy", wanted people with ordinary backgrounds and real-life experience.
Funny, I always though legislatures made, changed and repealed laws, not courts.
If "empathy" is something judges are supposed to have, then why are the statues of Justice outside and inside courthouses all over America blindfolded?????
And funny, I don't remember Juan Williams or anyone else on the left commending Clarence Thomas's life experience as a qualification when he was nominated for the Supremes.
Overall Williams isn't a bad guy, as liberals, go, but crikey the intellectual blind spots liberals have are simply amazing.

Posted by: effinayright at May 03, 2009 02:23 PM (TIBUh)

34 Or Condi's life experience, she was just an aunty tom house negro, and doesn't "get" the black experience, even though she was friends with one of the girls killed in the (it's birmingham right?) birmingham bombing.

Posted by: Douglas at May 03, 2009 02:29 PM (uU+Ss)

35 >
Just like the legacy media, bloggers are advocates.

But bloggers are honest about it.


Posted by: Comrade Arthur at May 03, 2009 02:29 PM (w0DKM)

36 Guys, you think some referee is going to come in out of nowhere and call them on this stuff.



If there's going to be a referee, at least in the near future, it's going to be us and only us.



This might matter for Webb; as far as the others, the only way it will
matter is if we make a big deal out of it. We're going to be called
mean-spirited obstructionists if we do it after she's nominated just
like we'll be called mean-spirited obstructionists before she's nominated.
The only difference is, after the pick, in order to rescind her
Obama would have to admit his supreme omniscient judgment was wrong--or
he could just go ahead with her and feed to the media that we're a
bunch of dirtbags for attacking her and run with that. Which do you think he'd rather do and which do you think the media would go along with?

Posted by: AD at May 03, 2009 02:31 PM (B9p4m)

37 With respect to timing, we need to make these people damaged goods before nomination. Simply ignoring the law is not sufficient to torpedo the Messiah's Chosen One before she's nominated.

Posted by: AmishDude at May 03, 2009 02:35 PM (bZ9KY)

38 Yall misunderstand what I was saying. Sure, we should fight people like this idiot. We being the internet bloggers. The conservative pundits should also fight to expose this king of idiot. What I was saying is that professional Republicans should not come out blazing against her or ones like her. They should make minor negative statements and wait for the actual nominee.

Posted by: Vic at May 03, 2009 02:35 PM (f6os6)

39 The solution to this Supreme Court activism is simple --

Congress should pass a Sunset Judicial Activism Law where Rule of law (Judicial Activism) decisions by the Supreme Court sunset in 5 years times the number of justices in majority. Lower Court Judicial Activism sunset in 2 years time justices in majority. Then to clean up the compost the courts have created over the years, sunset previous rulings two years times the number in majority, plus how long ago it was. Put constitutional/legislative issues back in the laps of Congress, where legislation rightfully belongs.

There is NOTHING in the Constitution that grants the Courts the power they currently have claimed for themselves. There is a history of Congress controlling various Judicial limits and rules -- as is provided for in the Constitution. FYI, for all I care, do something similar for Sunseting legislation by an orderly process related to size of majority.

One can make a case that each generation should have the right to build add it's own perspective to how society should and should not operate. Jefferson referenced something similar in his comments about occasional revolution being a reasonable idea. If nothing is done, pretty soon our Constitution will be buried deep below a steaming compost of laws and rulings that make it irrelevant -- with our nation sinking deeper and deeper into the steaming compost.

Slight thread drift --

Fine print -- bureaucracies and their never ending rulings outside of the legislative process need some similar sunseting, or they'll take over everything.

Additonal point -- Congressional seats should be elected at large in every State, rather than by districts -- at least every other election cycle. Gerrymandering needs to be made irrelevant by design -- every Congresscritter needs to be required to actually run for office, even those in safe seats.

Bottomline -- Politicians and Judges really think way too much of themselves and their power over the people they govern. We've become a nation with a political monarchy whose power is rarely challenged because the system has been corrupted to protect and further empower those in power. It's time to start taking back our nation, not by just electing our own 'monarchy', but by tweaking the design of how things operate to help keep the individual as important as the collective...

Posted by: drfredc at May 03, 2009 02:40 PM (GM3jU)

40 The timing use to matter, but just look at that vid. of O saying his polocies were going to skyrocket utility cost. It came out 2 days before the election and didn't change a damn thing.
I was so happy when I saw it because I really thought that miners, etc., would never vote for Ocloneme after hearing him say that. I know most righties thought that was a game changer. Shit were we wrong.

Posted by: momma at May 03, 2009 02:40 PM (penCf)

41 It's like elections have consequence or something.

Posted by: DrewM. at May 03, 2009 02:40 PM (hlYel)

42 Only reason I voted McCain, is because Obama was THAT BAD! If it were hillary and McCain, I wouldn't have voted.

Posted by: Douglas at May 03, 2009 02:46 PM (uU+Ss)

43 It's like elections have consequence or something.

Yes, elections have consequences but the Constitution is not supposed to be dependent on elections. In fact, that is the very damn thing a written Constitution is supposed to protect us from, the tyranny of the majority.

That being said, the courts grabbed this power with Marbury v Madison, and have been running with it ever since. Trying to get Congress to do anything about is an exercise in foolishness. There are only two ways it will be stopped:

The optimal method would be a second convention called by the States with the purpose of rewriting the sections dealing with the courts to limit their power.

The other method is through violent change and usurpation of the government. That can come from either an internal coup by other sections of the government or by a grass-roots uprising that overthrows all of the government. Neither one of those options will be good for the general public.

The bottom line is that in order for just elections to return the courts to a real Constitution we would have to have real conservatives elected to the Senate with a 60 vote majority and a real conservative President AND we would have to keep this setup for over 25 years. That is virtually impossible.

Posted by: Vic at May 03, 2009 02:50 PM (f6os6)

44 The thing about this video is not just how extremely far to the left she is, but how much she thinks the rule of law is a game, a joke played on the little people. She let the mask slip off completely: she is so honest and blatant about it, so mind-boggingly condescending and arrogant, that that attitude--which is the exact opposite of what most people think a judge should be like--and not her specific extreme views are the reason I genuinely don't think she'll make it through.

Posted by: Dave J. at May 03, 2009 02:51 PM (qsGH+)

45 Dorkbats or Repub, have no ethics anymore (did they ever?), until we have a party that is actually for the American people and the Constuitution, all of this back and forth is BS!

Posted by: 'Nam Grunt at May 03, 2009 02:52 PM (/bqyT)

46 I'm...y'know."

Yes, "judge" we certainly know. You're letting the mask slip in front of a group of fellow fascists. You're not supposed to do that, you know!

Posted by: Jay at May 03, 2009 02:53 PM (iy1Xt)

47 One thing Obama's people may be considering is re-election 2012, and with that in mind, they surely must consider that this is only his first SCOTUS appointment, with one or two to follow. This first pick may be made solely on thepolitical benefit to be derived. Stay safe first time out, after all it's liberal replacing liberal, and why piss off voters. Future choices will be madewith withmore nefarious motives.
That said, with what I hear and read, Obama may be leaning towards someone who is "not a judge", thus better to be TRANSFORMATIONAL.
Fuck him.

Posted by: solitary knight at May 03, 2009 02:54 PM (hSI6/)

48 44 she is so honest and blatant about it
In a way it is nice to see how honest she is. I don't agree with her, but at least she isn't reading off a teleprompter.

Posted by: momma at May 03, 2009 02:56 PM (penCf)

49 "...Obama may be leaning towards someone who is "not a judge", thus better to be TRANSFORMATIONAL."

He'll probably nominate Cass Sunstein to replace Kennedy if he gets the chance: a "reputable" professor to swing the whole Court left. But he's obligated to make his first pick a woman.

Posted by: Dave J. at May 03, 2009 02:58 PM (qsGH+)

50 OMG.She looks like Al Franken on progesterone.Should be good at keeping the abortion mill going even as an appellate.Should make the pro choicers very proud.
Its Miss California thats frightening.Still i'd have her in my court anytime.
You gotta be ugly in politics.What a choice.She will be political as a leftist.

Posted by: chicocano at May 03, 2009 03:01 PM (P2bg4)

51 What
I was saying is that professional Republicans should not come out
blazing against her or ones like her. They should make minor negative
statements and wait for the actual nominee. - Vic

Totally agree. This is the key to winning everything back. Some commenters here believe that the 'O' won because of the MoveOn DailyKos noise machine. That's not true because it omits the fact that the actual O campaign was very even-keeled in public. The campaign used a considerate, thoughtful, happy promotion of O. It wasn't a guns-blazing, balls to the wall attack campaign because they let the Media and the blogger take care of that.

Posted by: Iskandar at May 03, 2009 03:05 PM (DFjVW)

52 Missed the video.Just can't wait to make shit up.What a piece of crap!

Posted by: chicocano at May 03, 2009 03:10 PM (P2bg4)

53 The dynamic is a little different in this case. This is not going to be a general election, this is a bunch of senators, among the largest egomaniacs on the planet, looking at the prospect of losing what is essentially their job to a judge. They are the only people who have a vote that matters on this issue.

Put this information out now. Stop this before she is even considered for nomination. Give any senator who cares about the rule of law as much ammo as possible to stop this kind of power grab before it gets any traction and send a message that this type of extra-constitutional thinking won't be tolerated.

Posted by: JackStraw at May 03, 2009 03:13 PM (VW9/y)

54 Someone mentioned abortion above.

One other thing to keep in mind here with this potential nominee is this. We are so far past the abortion issue it is pathetic. We shouldnt even be mentioning the word abortion. The new litmus test is whether or not the judge believes that a Constitution exits in reality and whether it should be used at all in judging cases.

The liberal judges, and that includes Kennedy, believe that ANYTHING that gets them the outcome they desire should be used in judging cases. This is the entire point of El Duces judges with empathy statement. He wants the court to codify empathy and feelings. The entire idea of the rule of law vs the rule of man is thrown out the window. For a so-called officer of the court to make this statement tells you what an absolute worthless clown of a lawyer this shit head is.

Posted by: Vic at May 03, 2009 03:19 PM (f6os6)

55 I agree. Strike hard and fast, and do it now.

Set some limits. The likely vacancies will be liberal ones. The best we can do is to keep the SCOTUS balanced. If Kennedy or a Conservative goes, then push for a moderate or Conservative to maintain balance and resist radicalizing the Court.

With any luck, the 2010 election will shift matters in our direction.

Posted by: eman at May 03, 2009 03:19 PM (Dec0Z)

56 @51 Iskandar

A little off-topic, but in response to your "winning everything back" mention: Once the porkulus gets out to the looters earmarked to take the money and the public gets a good look at why the underclass and money don't mix (cf. Blago), a government shutdown will be judged differently in the court of public opinion than the Gingrich/Clinton one was.

The House of Representatives and its purse strings are the key to winning everything back. Oddly enough, it's the one component of our government that can be flipped decisively in 2010.

This is one of few advantages that small-government types have in the face of creeping collectivism, and the 21st Hijacker's overreach just might clear the way for a Contract with America that reads:

1. Shut it down

The End

Posted by: MikeO at May 03, 2009 03:24 PM (hz67i)

57 That's it!! I'm using the lottery for my retirement.

Posted by: 'Nam Grunt at May 03, 2009 03:29 PM (/bqyT)

58 Bank stress tests delayed until thursday, hahahaha bring on the cover up you bastards!

Posted by: 'Nam Grunt at May 03, 2009 03:37 PM (/bqyT)

59 Liberals being stealthy about their goals. I'm just so shocked.

Posted by: Daver at May 03, 2009 03:40 PM (BmUGw)

60 Obama caught on tape saying "spread the wealth," nowthis chick on tape saying the judical branch should seize the power of the legislative branch.Our republic is beingdevoured out of existence one nibble at a time.

Posted by: Crusty at May 03, 2009 03:47 PM (qzgbP)

61 Anyone look at the still, and think she is about to give a discourse on limbic systems? Think she's got some bad ink under the jacket?

Posted by: sears poncho at May 03, 2009 03:48 PM (uj/0b)

62
The really shitty thing about this is that O'Bama can put anyone he wants on the SC and the Repubs can't do shit about it, except cry.

Good to know that it's working out for those idiots that stayed home to "teach McCain a lesson"...

Posted by: thebronze at May 03, 2009 03:55 PM (1okiD)

63 60 Obama caught on tape saying "spread the wealth," nowthis chick on
tape saying the judical branch should seize the power of the
legislative branch.Our republic is beingdevoured out of existence
one nibble at a time.

Yeah it would help to actually USE this stuff against them, instead of the milk toast 'nice guy' campaign that mccain 'ran'. If we refuse to skewer them with their own words (wright, ayers, obama, now sotomayor) because we're afraid of being labeled as 'mean' by the MSM and won't get on the sunday talk shows, just flush the country down the toilet. The mccain campaign was a how-to on losing.

Posted by: Dang Straights at May 03, 2009 03:56 PM (dnHdG)

64 Just to pee pee on your cornflakes folks, judges won't matter unless we step in and put a halt to the taliban insurrection in pock-eeeees-stan, it's getting close now, just from a military mind point of view!

Posted by: 'Nam Grunt at May 03, 2009 04:01 PM (/bqyT)

65 This is not going to be a general election, this is a bunch of
senators, among the largest egomaniacs on the planet, looking at the
prospect of losing what is essentially their job to a judge.

Congress has been abrogating its job to the other branches of government for some time. It is dangerous for a politician to stand for something, you know, because it costs votes. Best to let other folks make the decisions and take the hits.

Posted by: Popcorn at May 03, 2009 04:02 PM (Tha0W)

66 OT Drudge has a link to an AP story about O-cum-a and his wife strolling and holding hands. Drudge's link titled: AP Investigates. Ha ha ha
According to the AP, O-cum-a said this about Kemp: Obama said in a statement Sunday that Kemp understood that divisions involving race and class stood in the way of the country's common goals.
I really wish people understood that Kemp did think thatthere were divisions in race. He believed it was called: welfare.

Posted by: momma at May 03, 2009 04:03 PM (penCf)

67 momma @ 66

Don't worry. Like any good marxist, Obama's going to make us all equally poor.

Posted by: sears poncho at May 03, 2009 04:04 PM (uj/0b)

68 67 Like any good marxist, Obama's going to make us all equally poor.
What really gets my panties in a wad is the fact that when the gov't takes from the upper middle class people think it is great. What they don't understand is that the gov't is taking the very money that most charity, food banks, job learning, cancer clinics, children's foundations, etc., rely on. When the gov't takes, the people cannot 'give'. Then there will truly be no place to turn.

Posted by: momma at May 03, 2009 04:13 PM (penCf)

69 When the gov't takes, the people cannot 'give'. Then there will truly be no place to turn.

That's the way this admin. liberals want it...the ONLY place left to turn will be the government...and they can grow it bigger and bigger.

Posted by: Tami (no relation to the vaccine) at May 03, 2009 04:21 PM (VuLos)

70 I figure Obama's headed down to the hardware store of jurisprudence for the nastiest, sharpest, rustiest left-twist wood rasp he can find, and he's going to shove it up our backside, and there's probably not a lot we can do about it.

That isn't to say we shouldn't try, just to say we ought not expect to succeed.

Posted by: mrkwong at May 03, 2009 04:28 PM (G8Eo0)

71 OT
That Griff Jenkins guy on FOX News sure does look like the man on POGO's Canasta game.

Posted by: momma at May 03, 2009 04:33 PM (penCf)

72 I'm not tooworried about her job description of judges. When asked what judges do, Oliver W. Holmes replied, "We make law". Her politics, however, are something else.

Posted by: Pigilito at May 03, 2009 04:51 PM (miW6X)

73 "When asked what judges do, Oliver W. Holmes replied, "We make law"."

Oliver Wendell Holmes was, of course, the author of The Common Law and one of the fathers of "legal realism." When Holmes was on the Massachusetts SJC more than a century ago, what he said was an apt description of a state appellate judge, because it was a common-law rather than a statutory world: most cases rested on interpreting/implementing/making common law rules of decision because statutory and constitutional law simply didn't address most issues at all. That's the history of the common law going back to medieval England: largely created by the courts, with Parliament only tinkering at the margins.

The legal world in which Holmes was a judge was one that Coke or Blackstone would've recognized. We don't live in that world.

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We all owe a round of applause to all the Michelle Malkins out there, who stood for their high principles, and made sure that Obama got elected.

Great job, all...

Posted by: JS at May 03, 2009 05:29 PM (L3Na7)

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It would be nice to have Rush, Levin, et al running with the possible judges names and info, continuously. Bring them out into the light. As ugly as the three Michelle Malkin has pictured on her blog are, they don't go out in the daylight much. Scares too many small children.

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78 Diversity.

There goes that word again. What do you supposed it means?

Must be an ironic use of the term because its literal meaning does not fit the context in which it is used.

A person gets a job because of their skin color. Diversity. A person gets into college ahead of others because of their reproductive organs. Diversity. A person gets a promotion because of their Surname. Diversity.

I think I get it now.

Diversity is what the left calls Jim Crow when they are the ones doing it.

Obama is going to put someone on the Supreme Court because their reproductive organ is an innie instead of an outie and because their ancestors hail from Spain and Latin America.

How wonderful it is to live in a country were racial, ethic, and sexual discrimination are a thing of the past.

Posted by: Lee Reynolds at May 03, 2009 06:20 PM (xOpTz)

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Posted by: commander0 at May 03, 2009 06:41 PM (V8K0a)

80 @ 73. I have to disagree. Judges continue to make law. Were that not so, Westlaw wouldn't do such a bang-up business. That is why Supreme Court justices are so important. "Judicial activism" is simply another way of saying "make law".

Posted by: Pigilito at May 03, 2009 07:00 PM (miW6X)

81 Pigilito, you missed my point, which was not that judges don't make law--of course case law is still just as much judge-made law--but that judges are largely no longer making law in the way Holmes correctly asserted they did in his time.

Part of the reason for some modern judicial activism is that the case method in which law students are still taught was a great way to teach law when it was invented--at Harvard in the 1870's--but a horribly incomplete way to do so now. By making the first semester of law school pretty much all about playing common-law judge, many future lawyers become fundamentally incapable of looking at and thinking about the law in any other way.

We live in a statutory world, yet most lawyers don't even know the basic vocabulary of the legislative process. They know all about cases and how to look up and spit back more cases, even though the last time most of them will ever set foot in a courtroom is to be sworn into the Bar.

Posted by: Dave J. at May 03, 2009 07:52 PM (qsGH+)

82 I'm just glad we squeaked D.C. vs. Heller by before this assclown president gets a chance to alter the balance of the court in his socialist cocksucker favor.

Of course, we'll be eating human flesh to survive before this asshole's eight years are up, but in the meantime we've still got that ruling.

That's what I meant.

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Posted by: Empire of Jeff at May 03, 2009 08:31 PM (xGIqT)

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With our first black president already in office, all I need is one American Indian/Asian/Pacific Islander, transgendered, deaf-mute amputee with psoriasis... and my White Guilt will be completely assuaged.

Posted by: Empire of Jeff at May 03, 2009 08:34 PM (xGIqT)

85 The Constitution has been dead since the Civil War. Its corpse has been walking about for decades but in the last decades no one even bothers to put lipstick on the corpse anymore.
The GOP assisted in the destruction as much as the dhimmies. We are now facing the fascism that we all knew was coming since McCain-Feingold. Who cares any more?

Its time to honor Jefferson's observation about the Tree of Liberty. The government does not answer to the people, it is not the servant of the people.

Posted by: Thomas Jackson at May 03, 2009 09:00 PM (0Qynq)

86 Come the revolution many will find the living clause in the Constitution that allows judges who abuse their positions to get cruel and unusual punishments for their crimes.

Posted by: Thomas Jackson at May 04, 2009 11:35 AM (0Qynq)

87 The Republicans need to block this judicial nomination if the judge is a judicial activist. I was not a fan of McCain but at least he wouldpick a judge that was pro-life and a strict constructionist. Obama should not be looking for activism on the bench. No judge should be a judicial activist. Obama is trying to pick someone sympathetic to minorities and show them favoritism in court rulings. Well, I'm sorry but reverse racism is not justified either. As of now both minorities and caucasians have the same opportunities in order to succeed in life. I sometimes think that African Americans like to use the slave issue as a crutch, but with fringe benefits. All Americans today have the opportunity to succeed and no person should be denied that on the basis of religion, race,gender,or sexual orientation.

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