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Conservatives: Sotomayor Got It Wrong
Conservatives pounced on Monday morning's Supreme Court reversal of the Ricci firefighters case as a unanimous indictment of the work of Judge Sonia Sotomayor. Sotomayor sat on a three-judge panel that earlier ruled in favor of the city of New Haven in the reverse-discrimination case, which the Court overturned by a 5-4 vote this morning.
In two instances, one by Justice Scalia in his concurrence and another by Justice Ginsberg in her dissent, the Court said that the case before the 2nd Circuit should have been remanded to the district court for more facts to consider, rather than simply decided.
Although the 2nd Circuit opinion was unauthored, conservatives immediately equated criticism of the 2nd Circuit's decision to criticism of Sotomayor and her judicial fitness.
Here is a sampling:
* Sen. Jeff Sessions, ranking member of the Senate Judiciary Committee: "The Supreme Court found that Judge Sotomayor was wrong to allow the city to change its promotion exam after it was given, solely to favor a group because of race...This case will only raise more questions in the minds of the American people concerning Judge Sotomayor's commitment to treat each individual fairly and not as a member of a group."
* Sen. John Cornyn, a senior Republican on the Senate Judiciary Committee, said: "Today's decision is a victory for evenhanded application of the law. Saying the earlier decision was 'antithetical to the notion of a workplace where individuals are guaranteed equal opportunity regardless of race,' the Supreme Court saw the case for what it is: a 'race-based decision' that violates federal law. And while the Justices were divided on the outcome, all nine Justices were critical of the trial court opinion that Judge Sotomayor endorsed."
* Tom Fitton, president of Judicial Watch: "It's further proof that Judge Sotomayor should not be confirmed. It shows she did not apply our nation's law in an even-handed way."
*On a conference call with reporters organized by the Federalist Society, University of San Diego School of Law professor Gail Heriot said, "This is a unanimous opinion that the courts below were in error. The (justices) just disagree on what the error was."
*On the same call, Roger Clegg, president and general counsel of the Center for Equal Opportunity, said, "Even the four dissenters believe the disposition by the 2nd Circuit was incorrect." When asked if today's ruling was a repudiation of Judge Sotomayor, Clegg said, "Yes. The justices appear to agree unanimously that at a minimum, the 2nd Circuit got it wrong."
* Ubiquitous Twitterer Newt Gingrich tweeted, "The senate will have to review supreme court rejection of judge sotomayor's reasoning in ricci case of discrimination against fire fighters."
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In two instances, one by Justice Scalia in his concurrence and another by Justice Ginsberg in her dissent, the Court said that the case before the 2nd Circuit should have been remanded to the district court for more facts to consider, rather than simply decided.
Although the 2nd Circuit opinion was unauthored, conservatives immediately equated criticism of the 2nd Circuit's decision to criticism of Sotomayor and her judicial fitness.
Here is a sampling:
* Sen. Jeff Sessions, ranking member of the Senate Judiciary Committee: "The Supreme Court found that Judge Sotomayor was wrong to allow the city to change its promotion exam after it was given, solely to favor a group because of race...This case will only raise more questions in the minds of the American people concerning Judge Sotomayor's commitment to treat each individual fairly and not as a member of a group."
* Sen. John Cornyn, a senior Republican on the Senate Judiciary Committee, said: "Today's decision is a victory for evenhanded application of the law. Saying the earlier decision was 'antithetical to the notion of a workplace where individuals are guaranteed equal opportunity regardless of race,' the Supreme Court saw the case for what it is: a 'race-based decision' that violates federal law. And while the Justices were divided on the outcome, all nine Justices were critical of the trial court opinion that Judge Sotomayor endorsed."
* Tom Fitton, president of Judicial Watch: "It's further proof that Judge Sotomayor should not be confirmed. It shows she did not apply our nation's law in an even-handed way."
*On a conference call with reporters organized by the Federalist Society, University of San Diego School of Law professor Gail Heriot said, "This is a unanimous opinion that the courts below were in error. The (justices) just disagree on what the error was."
*On the same call, Roger Clegg, president and general counsel of the Center for Equal Opportunity, said, "Even the four dissenters believe the disposition by the 2nd Circuit was incorrect." When asked if today's ruling was a repudiation of Judge Sotomayor, Clegg said, "Yes. The justices appear to agree unanimously that at a minimum, the 2nd Circuit got it wrong."
* Ubiquitous Twitterer Newt Gingrich tweeted, "The senate will have to review supreme court rejection of judge sotomayor's reasoning in ricci case of discrimination against fire fighters."
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Patricia Murphy
Patricia Murphy writes "The Capitolist" column for PoliticsDaily.com. She is the founder of Citizen Jane Politics, a non-partisan website for women... more
Comments (25)
RustyShackleford
2:06PM Jun 29th 2009
Jeff Sessions is one of my senators. He is a great man and a true conservative. I believe his opinion will echo those of the conservatives mentioned on this blog.
The nomination of Sotomayor speaks volumes as to the competency of our current President. Did he not know about her activist decisions and biased statements in her past? Does the media have to investigate his appointments for him, like they did with Turbo Tax Timmy and the rest of his cabinet appointments?
When you elect a liberal, smooth-talking, community agitator with no executive experience and a radical past you get what you vote for.
The nomination of Sotomayor speaks volumes as to the competency of our current President. Did he not know about her activist decisions and biased statements in her past? Does the media have to investigate his appointments for him, like they did with Turbo Tax Timmy and the rest of his cabinet appointments?
When you elect a liberal, smooth-talking, community agitator with no executive experience and a radical past you get what you vote for.
RATE THIS COMMENT:
(6)
(6) 
Sherry--Hottie!
2:36PM Jun 29th 2009
well put
RATE THIS COMMENT: (5)
(5) Chris Williams
9:50AM Jun 30th 2009
If Sotomayor speaks to Obama's competence than Justice Roberts is a reflection of Bush's competence and Roberts on several occasions refused to answer questions. And any intelligent President wouldn't appoint a rookie to the Chief Justice position. You pick someone whose sat on the bench before (Scalia or Thomas maybe). I mean, the guy couldn't even remember the oath of office.
And how come everything a "liberal" does must be "radical?" Even as a moderate, I agree that Sotomayor decision on the Ricci case was an incorrect one but this "conservatism is always right" foolishness is plain stupid.
And how come everything a "liberal" does must be "radical?" Even as a moderate, I agree that Sotomayor decision on the Ricci case was an incorrect one but this "conservatism is always right" foolishness is plain stupid.
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(-2)
(-2) tmvh
10:58AM Jul 1st 2009
The same words were applied to Martin Luther King. Now he has his own national holiday.
RATE THIS COMMENT:
(0)
(0) jimk1987
2:28PM Jun 29th 2009
Repukes are idiots. If Sotomayer had been on the Supreme Court, the vote would have been 5-4 in support of the lower court decision. That would make the conservatives unfit to serves as a result. This whole business of the party of "no" except for extramarital sex is totally ridiculous. I hope the entire Republican Party goes down in flames in 2010 and 2012.
RATE THIS COMMENT: (-8)
(-8) Mesaman
3:21PM Jun 29th 2009
I hope you go down in flames long before 2010. You've spent too long using a meatball for a brain.
RATE THIS COMMENT: (6)
(6) ddscorp1
7:27PM Jun 29th 2009
You Left wing-nuts are something else! I see people posting things on here that are 100% Factual and right on the money and all you lefties say is "More Repuke Lies" "It's all Bush's fault"...When that runs dry, as it is starting to, as you see Obama's numbers starting to fade and the KOOl Aid is all gone, what are you gonna do then? Your being exposed for the anti-americans you are, more and more so each day. These American people you fooled and pulled a fast one on aren't going to be very happy with you or your messiah when they realize they aren't going to really get all the freebies! That will be an interesting moment I'm anxiously awaiting!
RATE THIS COMMENT: (5)
(5) Lizzie
3:06PM Jun 30th 2009
Are you one who got hes job because of affirmative action?????????
RATE THIS COMMENT: (1)
(1) hamcallk5co
3:08PM Jun 29th 2009
Obama is not interested in our two thousand year effort to improve "rule of law" to insure fairness for all. He wants touchy-feelly judges that will rule for persons with skins that are brown or darker. This speaks volumes as to what we can expect from this Nazi-wannabe.
Don't forget to stock ammo and canned food; we'll need it.
Don't forget to stock ammo and canned food; we'll need it.
RATE THIS COMMENT: (8)
(8) Kurt Zaccardo
3:24PM Jun 29th 2009
OBAMA: AMERICAS MARXIST THUG!
The complacent and apathetic voters have made their ill-conceived choice. Putting national security and reform aside, they instead chose the Marxist candidate….the one who promised them the most from the treasury coffers. So much for campaign finance reform. With support from; a left-wing biased Bush/Cheney hating mainstream media, money and ads from moveon.org, fraudulent voter registrations by ACORN, Black Panthers intimidating voters in Philadelphia [and making statements like "a black man is going to win no matter what"], and illegal campaign donations (foreign and domestic), the free market system and experienced national security candidate never had a chance. Never in the history of U.S. elections, has such an extreme liberal, un-vetted, and secretive candidate been elected. It will become America's loss. This man voted over 130 times "Present" while in the Senate, which means he is incapable of making a decision! The middle class bought the Marxist candidates' mantra “I am going to save the middle class” sales pitch, hook, line, and sinker. In short, they were duped. When in actuality, the Kenyan born Barack Hussein Obama will destroy the middle class by creating a welfare dependent class and making them a ward of the state ….he will then own their vote. The Democrats will move quickly to pass and enact laws (i.e., the Fairness Doctrine, more power and money to ACORN, liberal campaign finance laws, ammunition coding and restrictions on gun ownership, granting unions more clout with "Card Check," economy crippling "Cap and Trade" legislation, etc.) to ensure they never lose power through future elections. The future will be a move towards a European style socialist system, where our standard of living and productivity will decline, our mighty military will become smaller and less equipped, and our taxes (all taxes) will go up. We will be forced into smaller cars, smaller homes, and smaller families. We will lose many freedoms, such as the right to own a firearm, the right to vote for a union via a secret ballot [instead the union thugs will tell you how to vote], et al. The gap between the rich elitists and the middle-class/poor will widen and there by destroying our republic and replacing it with a socialistic state. Don't be fooled by the Kenyan born Barack Hussein Obama's current middle-to-conservative cabinets picks (exception being Eric Holder as AG, a true left-wing extremist and anti-gun activist), it is just a smoke screen....remember what Stalin said.
“Work for more government intervention and control of the business activities of the people. In this way the American people will accept Communism without knowing it.” - Joseph Stalin
OBAMADECEPTION.NET - WAKE-UP AMERICA!
The complacent and apathetic voters have made their ill-conceived choice. Putting national security and reform aside, they instead chose the Marxist candidate….the one who promised them the most from the treasury coffers. So much for campaign finance reform. With support from; a left-wing biased Bush/Cheney hating mainstream media, money and ads from moveon.org, fraudulent voter registrations by ACORN, Black Panthers intimidating voters in Philadelphia [and making statements like "a black man is going to win no matter what"], and illegal campaign donations (foreign and domestic), the free market system and experienced national security candidate never had a chance. Never in the history of U.S. elections, has such an extreme liberal, un-vetted, and secretive candidate been elected. It will become America's loss. This man voted over 130 times "Present" while in the Senate, which means he is incapable of making a decision! The middle class bought the Marxist candidates' mantra “I am going to save the middle class” sales pitch, hook, line, and sinker. In short, they were duped. When in actuality, the Kenyan born Barack Hussein Obama will destroy the middle class by creating a welfare dependent class and making them a ward of the state ….he will then own their vote. The Democrats will move quickly to pass and enact laws (i.e., the Fairness Doctrine, more power and money to ACORN, liberal campaign finance laws, ammunition coding and restrictions on gun ownership, granting unions more clout with "Card Check," economy crippling "Cap and Trade" legislation, etc.) to ensure they never lose power through future elections. The future will be a move towards a European style socialist system, where our standard of living and productivity will decline, our mighty military will become smaller and less equipped, and our taxes (all taxes) will go up. We will be forced into smaller cars, smaller homes, and smaller families. We will lose many freedoms, such as the right to own a firearm, the right to vote for a union via a secret ballot [instead the union thugs will tell you how to vote], et al. The gap between the rich elitists and the middle-class/poor will widen and there by destroying our republic and replacing it with a socialistic state. Don't be fooled by the Kenyan born Barack Hussein Obama's current middle-to-conservative cabinets picks (exception being Eric Holder as AG, a true left-wing extremist and anti-gun activist), it is just a smoke screen....remember what Stalin said.
“Work for more government intervention and control of the business activities of the people. In this way the American people will accept Communism without knowing it.” - Joseph Stalin
OBAMADECEPTION.NET - WAKE-UP AMERICA!
RATE THIS COMMENT: (6)
(6) CJ
3:48PM Jun 29th 2009
yadda, yadda, yadda, more of the same old boring lying rhetoric from another whining crybaby sore loser. Boo Hoo, Boo Hoo, the sky is falling, the sky is falling. More of the same old rantings from a typical tinfoil hat wearing chicken little. Thanks for the laughs!
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA
RATE THIS COMMENT: (-6)
(-6) WADE....
4:06PM Jun 29th 2009
Pelosi just like her MARXIST DADDY!!!!!!!!!!!!
http://wadesayswhat.wordpress.com/2009/06/29/botox-pelosi-marxist-ties-like-obama/
http://wadesayswhat.wordpress.com/2009/06/28/rubber-room/
http://wadesayswhat.wordpress.com/2009/06/29/botox-pelosi-marxist-ties-like-obama/
http://wadesayswhat.wordpress.com/2009/06/28/rubber-room/
RATE THIS COMMENT:
(2)
(2) Truth
6:39PM Jun 29th 2009
Patricia,
It looks like you "pounced" on republicans for expressing their opinion. Maybe they didn't "pounce" at all. Maybe it was you projecting your own cattiness.
I'm sure the Supreme Court's decision has tipped the litter box upside down on liberals heads, you can hear the caterwhauling everywhere, and methinks we'll be hearing it for a long time. Affirmative Action has been a bad idea from the beginning, and it's nine lives have finally run out. Our country can finally cough out that hairball.
It looks like you "pounced" on republicans for expressing their opinion. Maybe they didn't "pounce" at all. Maybe it was you projecting your own cattiness.
I'm sure the Supreme Court's decision has tipped the litter box upside down on liberals heads, you can hear the caterwhauling everywhere, and methinks we'll be hearing it for a long time. Affirmative Action has been a bad idea from the beginning, and it's nine lives have finally run out. Our country can finally cough out that hairball.
RATE THIS COMMENT: (5)
(5) gigantosapiens
6:40PM Jun 29th 2009
Sotomayor is just another unqualified left wing, constitution changing appointed gun of the Democrat party. The same party that so it fit to add additional justices to the Supreme Court when it was to their convenience, and to extend the term of their president to over 13 years during FDR. The Democrat party wants to change the Constitution to meet their own world view.
RATE THIS COMMENT: (6)
(6) Clay Gunter
7:46PM Jun 29th 2009
Well, looks like these conservative bastards got it wrong! LOL! The GOP is full of cowards that can't stand any minority! Nevermind their token man Steele! LOL! Now they've been attacking Sotomayor because if more minorities get into positions of authority, their "good ole boy" scam against America won't work! Too bad, so sad! LOL!
RATE THIS COMMENT: (-7)
(-7) Clay Gunter
8:32PM Jun 29th 2009
Isn't so funny how Conservatives will LIE their butts off! In 1999, they yelled and cried about "we need less gov. control!", but when Bush got in we went the opposite way didn't we? ex-pres. Dumbass just started doing whatever he wanted until 2006, when the Dems started shutting him down! Nowadays with the Retardicans stirring trouble everywhere they go(such bad losers, aren't they?LOL!)Right-wing hate groups are showing America just how really bad the Repubs are and that they'll stop at nothing to destroy our great country, including freedoms and personal privacy rights! The GOP is such haters of minorities and PROVE IT THIS WAY!
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(-7) Lizzie
3:09PM Jun 30th 2009
Still waiting for your bailout????????
RATE THIS COMMENT: (1)
(1) teeball
9:26PM Jun 29th 2009
Justice has been done,,,,,,,Screw PC....
RATE THIS COMMENT: (4)
(4) RustyShackleford
11:47PM Jun 29th 2009
Clay Hunter- If what you say is true, then why did George W. Bush appoint more minorities to his cabinet than any president in history?
Which "hate groups" are you referring to? Jeremiah Wright and his church? The NAACP? William Ayers and the Weather Underground? The New Black Panthers? ACORN? Hezbollah? Hamas?
Which "hate groups" are you referring to? Jeremiah Wright and his church? The NAACP? William Ayers and the Weather Underground? The New Black Panthers? ACORN? Hezbollah? Hamas?
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(6) reallyanewday
10:02AM Jun 30th 2009
I applaud the supreme court for taking a stand. Reversed racism is still racism. Unfortunately Sotomayor is a reversed racist. Do you think we will ever be able to stamp out racism...probably not but we don't have to tolerate it in our lawmakers and courts. No to Sotomayor, her rulings speak for her well.
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