Elections Have Consequences

And Sotomayor on the bench explains a big, nasty consequence – the SCOTUS equivalent of the “consequences” of hitting a bicyclist in your car while driving recklessly and being introduced to your new roommate in jail, big, lonely Otis…

…oh, my.  That took an ugly turn.  Let’s refocus, shall we?

Sotomayor’s take on judicial activism:

“Court of appeals is where policy is made…and I know, I know this is on tape and I should never say that, courts don’t [makes scare quotes in the air] make law, I know [growd giggles as she regroups].  I know, I know, I’m not promoting it, I’m not advocating it, I know…

Not really [Mitch makes scare quotes in the air] condemning it, either, are [more scare quotes] we?

Rove breaks Sotomayor down [video].

UPDATE:  Rumor has it that Sotomayor is so far to the left on the Second Amendment, Amnesty and other issues that the Administration knows she can’t get confirmed, even with the libs’ headlock on the Senate.  Sotomayor is, so the theory goes, a campaign sop to Latinos.

40 thoughts on “Elections Have Consequences

  1. Pingback: Hot Air » Blog Archive » Obama picks Sotomayor for SCOTUS slot

  2. Hey Mitch,

    I have this friend who’s a federal appeals lawyer, and he actually thinks that appellate courts are different from trial courts! He was going on and on the other day about how appellate court judges think they get to write lengthy “opinions” explaining what contested points of law and precedent mean, thereby setting the “policy” that lower court judges are “bound” to follow!

    I can’t believe we’re gonna have another activist on the S.Ct. telling lower court judges what to do!
    /jc

  3. The lady has a very high rate of overturned opinions. She’s stated that race and sex come into play on what decisions will be made from the bench. Looks like Barry didn’t let any of the looney left down with this pick.

  4. She’ll be easily confirmed, probably 80-20, maybe 75-25. She’s a pragmatist, despite your belly-aching, and far too many Senators know damned well she’s WAY more toward the center than either Alito or Roberts, so if BushCo got their way, then Obama gets his.

    She’s a LOT less left than you claim, and to my mind, that’s BAD, not good. Obama should shove your ideologic crappola down your throat with a REAL lefty, and then play, over and over and over again, your bitches about ‘Up or down vote”.

    You did it to yourself, if you don’t like it, too bad, get out of the kitchen.

    By the way, the most activist judge, and you darn well know it, is Clarence Thomas.

  5. By the way, quoting Rove is no way to gain credibility. The man is a pathetic bag of scum. He’d lie on a driver’s license application. He’s absolutely politically biased in every last word, thought and deed. If Obama had nominated Jesus, Rove would complain the guy was too young, too nice, too hairy, too poor and/or too fair. Seriously, Rove?

  6. “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,”

    “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. I know. O.K. I know. I’m not promoting it. I’m not advocating it. I’m — you know.”

    “Whether born from experience or inherent physiological or cultural differences,” she said, for jurists who are women and nonwhite, “our gender and national origins may and will make a difference in our judging.”

  7. By the way, quoting Rove is no way to gain credibility…

    …among hysterical conspiracy-mongers.

    But I don’t really seek their approval.

  8. Knock it off, MON….you’ll have teh peevee nearing climax in a minute.

    Let’s try this…”“I would hope that a wise, white Protestant man with the richness of his experiences would more often than not reach a better conclusion than a black woman who hasn’t lived that life”

    Oooh, that’s satisfying, isn’t it?

    Seriously, elevating someone that believes race and/or gender, in and of themselves, constitute qualifications for *any* job is a slap in the face to the progress this country has made over the last 200+ years.

    Can you frickin’ *imagine* the riots that would ensue if my little linguistic juxtaposition were the real thing? And unless riots immediately and spontaneously break out can it be said that the left *ever* put it’s hypocrisy on display so blatantly?

    That thumping sound you hear is MLK revolving in his coffin at 300 RPM.

  9. I have this friend who’s a federal appeals lawyer

    In my experience, when people say “I have a friend who…” is an “expert” on something or another, it means “I have a friend who works as a janitor at the Atlanta Federal Building”.

    But I do know someone who dabbles in that area; he’s one of those “Lawyers über alles” types who is basically a closet authoritarian; if the ABA deposed the President and suspended the Constitution, he’d be just fine with that, as long as someone dug out a precedent saying there was nothing prohibiting that from happening.

    Just saying; be careful of the “experts” you pick.

  10. By the way, the most activist judge, and you darn well know it, is Clarence Thomas.

    {{{sits}}}

    {{{dumbfounded}}}

    {{{slowly raises palm to face}}}

  11. She’ll be easily confirmed, probably 80-20, maybe 75-25.
    The Peevish Kiss of Death. Soto’s goin down.

  12. I, for one, am always immediately swayed by a comment that proclaims and you darn well know it. That kind of thing really takes that nasty “thinking for myself” aspect out of the equation.

    In conclusion: Peev can go eat a fart. Again.

  13. Obama should shove your ideologic crappola down your throat with a REAL lefty, and then play, over and over and over again, your bitches about ‘Up or down vote”.

    Feel the love.

    Elections have consequences and Sonia Sotomayor is one of the consequences. I don’t suspect she can be stopped. Nor will she move the needle in any real way on the Court. Best tactic is to question her, get the stuff that MoN mentions out into the public domain, then let the Democrats confirm her. Obama is going to have two more picks beyond this one soon enough and the next ones (which might include Cass Sunstein) will matter a lot more.

  14. > Just saying; be careful of the “experts” you pick.

    Oh I know, Mitch.

    I still can’t believe my “expert” federal appellate law friend agreed with Sotomayor’s shocking belief that appellate judges get to impose their “opinions” resolving contested points of law on lower court judges.

    I know from personal experience that appellate judges mechanically input the facts of a case into the judging computer and spit out a punch-card showing what the Unanimous Original Framers would have done in any given situation.

    There’s no room for judgment on the court.
    /jc

  15. There’s no room for judgment on the court.

    Well, of course there is.

    And we, the mere peasants, get to comment on a judge’s judgment, and what’s in their opinions, and (this might horrify your friend) actually call our Senators to try to do our bit to influence the confirmation process.

    By your leave.

  16. Slash and his “super friend” seem to take a very charitable view of Sotomayor’s words. I imagine the genesis of this view was the question:

    “How can we spin this so that her words aren’t entirely damning?”

  17. Hey, good luck with that, Shiftee! True, Sotomayor’s no Harriet Miers, but I’d advise you wishful thinking far-right kooks to consider what you wish for. Seems to Angryclown, Borking the first Hispanic justice kinda puts you out of competition for Hispanic votes for another generation. This appointment’s kinda lose-lose for you extremist kooks.

  18. I’m confused: am I a far-right kook, or an extremist kook?

    “Extremist Kook” sounds like something on a Chinese menu.

  19. OK, having now actually read up on Ms. Sotomayor, I agree with Mr. D. She won’t “move the needle in any real way on the Court”. That she is of liberal conviction is not surprising. I also agree with another opinion that stated the GOP should stand back on this one and keep the powder dry. The next one will be a brawl, and God willing will take place after the mid-term elections.

  20. She’s unacceptable because she’s a barking moonbat that will wipe her ass with the Constitution, not because of the color of her skin.

    Sit down at your tiny clown desk, STFU and listen…school’s in session.

    Anyone that puts race at the top of their list of qualifications is, by definition, a racist, Clown….along with the cornhole swabbing community, of which you’re a proud member, the Party of Scrubs owns the racist franchise, and conservatives have no interest in either.

    Got it moron?

  21. kinda puts you out of competition for Hispanic votes for another generation

    To paraphrase the old drill sergeant dictum: “Everything you do will put you out of competition for Hispanic votes for another generation, and everything you don’t do will put you out of competition for Hispanic votes for another generation”.

    But hey, if ethnic loyalty is the only criterion for things like SCOTUS justices these days, that’ll be a great step forward, won’t it?

  22. Haha, silly shiftee, always looking for a brawl with some girl! Sotomayor has plenty of experience (contrast: Thomas). And while Repubicans show their lack of racism by continually nominating Whitey McRightwingenstein to the court, Obama has a broader pool to pick from, m’kay? Listen to Kerm. You’re going to lose, just like you lost the election. Lay back and try to enjoy it.

  23. “Obama has a broader pool to pick from..”

    Yeah, a big bag of assholes with all the good ones picked out.

  24. (contrast: Thomas)
    The GOP could do what the Dems did and promote lots of lies and B.S. I think that would be a mistake. Emulating the party of Harry Reid and Nancy Pelosi (obdurate liars and frauds) is not a good policy.

  25. TREBEK: Lay back and try to enjoy it.

    BERG: “Lines remembered from Klown Kollege rush week?”

    TREBEK: “Correct for $400, and you control the board”

    BERG: “I’ll take “Swords” for $500…”

  26. Sotomayer has made some very troubling comments. I think she has a case of the “Joe Bidens”.

    And, she has already tossed the New Haven fire fighter case that is soon to be before the Supreme Court… I wonder how she’ll rule?

  27. Peev, if you used your canny political senses to judge what side of the road you were on in the non-metaphorical world, you’d have been mowed down from behind by a semi years ago while shouting “I’m in the middle. Really!”

    (Note, I’m giving you credit and saying you’d still be in the road. Others would probably suggest you’d be way out in the ditch.)

    And, in case Slash didn’t get the idea: there’s a big difference between making policy for lower courts via a decision and making policy for various legislatures (or the entire country) via a decision. There wouldn’t have been giggling and scare quotes if she had meant the former.

  28. “I still can’t believe my “expert” federal appellate law friend agreed with Sotomayor’s shocking belief that appellate judges get to impose their “opinions” resolving contested points of law on lower court judges.”

    When the opinion is based of “feeling” rather then case-law or the rule of law, you then have someone who intends to make “policy” from the bench.

  29. Given that the original appointment of Sotomyer was made by Goerge H. W. Bush — is there any chance that the GOP will let this ride with relatively little objection, especially as she has some decisions that favor pro-life positions over pro-choice.

    Given that it is unlikely any Obama appointment is going to be 100% what the GOP prefers, I’d expect they pick their battles, and decide if the things she does favor are enough that she can be lived with as a choice.

    Whatever her position in the political spectrum, her legal expertise is still better than the competence of the previous administrations selections for legal positions, pretty much across the board. She has a pretty impressive CV, considering her impoverished background; that should count for something in her favor even if one doesn’t like her overall.

  30. Dog Gone, GHW Bush appointed Souter. Nothing that either of the Bush presidents has done should be assumed to be a conservative principle in action.

  31. True enough, Terry… on both counts (Peev’s batting average and our two Bush presidents).

    However, regarding Peev and his accuracy rate… he’s made plenty of predictions, most of which are wild-eyed claims (some even libelous). So, at the very least we’ve got to give him x divided by 0.

  32. “Lay back and try to enjoy it.”

    AssClown, I bet you say that to all the guys.

    “…legal expertise is still better than the competence of the previous…” [but, but, Boooosh…]

    How long will your BDS last, DogGo?

  33. Whatever her position in the political spectrum, her legal expertise is still better than the competence of the previous administrations selections for legal positions, pretty much across the board.

    That’s debatable, at best. But at least you aren’t going as far as the administration, DG. The Obama flacks are saying Sotomayor is the best qualified nominee in 100 years. Think about that claim for a minute. Consider just some of the justices who have joined the Court since 1909:

    Hughes
    Brandeis
    Taft
    Cardozo
    Black
    Frankfurter
    Douglas
    Vinson
    Harlan
    Brennan
    Warren
    Stewart
    White
    Burger
    Rehnquist
    Blackmun

    Then add the current 9 on the Court. And this lady is better qualified than all of them. You’ll forgive me if I’m a little skeptical of that.

  34. “considering her impoverished background”

    I was dirt poor for a while. Should I be putting that on my resume? 😉

  35. “And while Republicans show their lack of racism by continually nominating whitey”. Uh, i guess you missed Justice Thomas, but of course to you he`s not really black becase he doesn`t vote “that way”. How many blacks have been on the Supreme Court, Penguin? Of the two, how many nominated by Dems? How many nominated by Republicans? Thanks. Your answer shows how easy you are to debate.

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