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#1 |
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Philosopher
Join Date: Apr 2002
Location: USA
Posts: 6,424
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The GOP and Sotomayor...
An observation. I work for a Washington trade association. Daily we host catered lunches and meetings serviced many by Hispanics. Our office also allows the building maintenance staff, mostly Hispanics, to use the break room for coffee and sodas, etc. We have a news channel playing on cable TV in that break room all day. Most employees ignore it going about their business. For the last three days, the catering and maintenance crews have -- when not working -- been gathered about the TV watching the hearings very closely. I could not help but notice the sour looks and even anger on their faces when GOP Senators go after Judge Sotomayer. They are clearly proud of her. They are also clearly disturbed by what they see on TV...especially her treatment by the GOP. This is one small sample. However, I can see it being repeated whereever televisions are on all across America. Why Kyle, Croynen and other Senators with growing hispanics populations in their state would want to appear so patronizing, dissmissive and even antagonistic toward this clearly capable, competent and intelligent woman is beyond my ability to understand.
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Weaseling out of things is important to learn. It's what separates us from the animals ... except the weasel. -- Homer Simpson |
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#2 |
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Master Poster
Join Date: Oct 2007
Posts: 2,803
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What is most telling about their attacks on Sotomayor - the chum in the GOP waters was her comment about her experience as a female minority and how that might "inform" her decisions. The GOP say that "sympathy" and "empathy" shouldn't factor in to any judicial decisions. Of course if they looked at her track record, they'd see her ruling against very sympathetic individuals with amazing consistency. The proof is in the pudding: whatever the quote says, her actions should tell us that the quote shouldn't worry us.
Beyond that, they're bringing in the firefighters from the Ricci case - why? Not for their legal knowledge, or (in)ability to comment impartially on her merits as a judge, but because of the sympathy and empathy the firefighters will generate in hopes of tarring Sotomayor as being insensitive to their plight. But isn't that what they most fear Sotomayor doing in the first place?? Further, note the silence of the GOP on Alito's admission that his experience as an "italian american" informs his judgment. |
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"It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can't get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile." - John Hinderaker, Powerline |
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#3 |
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Muse
Join Date: Jul 2009
Location: Las Vegas
Posts: 735
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#4 |
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Master Poster
Join Date: Oct 2007
Posts: 2,803
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Im not saying it should - I'm saying that the accusations that Sotomayor is at risk of doing so are baseless due to her track record which more than adequately demonstrates she hasn't done so in the past, and that the GOP is actually using sympathy as a tool to discredit her with their trotting in of the firefighters. This should, in my opinion, render the GOP worries on this count completely bankrupt.
You do not engage in the very same behaviour you say is your greatest worry. |
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"It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can't get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile." - John Hinderaker, Powerline |
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#5 |
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Philosopher
Join Date: Apr 2002
Location: USA
Posts: 6,424
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I don't know if empathy should enter into the law. Double standards certainly shouldn't. They are decrying Sotomayor because Obama says she has empathy. They are decrying Sotomayor because she didn't have empathy for Ricci. They (the GOP) asked questions of Alito to make sure that America understood his background gave him empathy for the average man...
Second, the premise of the GOP is that abiding by the law, enforcing the law, judging the law is all measured against a standard set by jurists like Scalia. If law was so cut and dry, we wouldn't need a Supreme Court or there would be no 5/4 decisions. Indeed, wheather you accept Sotomayor's reasoning or not, most legal scholars say she was, in Ricci, going by precsident and that the Supreme Court changed the law in this decision (though, because it was Scalia, I'm certain that no one in the GOP would suggest it was legislating from the Bench). Anyway, the purpose of my post was not to argue the law...rather it was to describe something I observed...in the very narrow sample that are the Hispanics I viewed watching her on TV, they have been disturbed by the treatment of Sotomayor by many of the GOP Senators. They, I believe, have found it disrespectful of someone they believe deserves respect. And, given a growing Hispanic population in this country, especially in several states represented by such GOP Senators, I was merely wondering/contemplating wheather such displays of disdain and disrespect might lead to further/greater abandonment of the GOP by Hispanics. |
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Weaseling out of things is important to learn. It's what separates us from the animals ... except the weasel. -- Homer Simpson |
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#6 |
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Penultimate Amazing
Join Date: Jun 2003
Posts: 13,872
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Really? You think it's got nothing to do with the fact that the Supreme Court unanimously rejected the reasoning behind her ruling? Yes, unanimously: although the court split on the case, even the dissent rejected outright the reasons Sotomayor gave in her ruling.
But let's not even consider the merits. Let's pretend those issues don't even exist, even as we lambast Republicans for not addressing them. Instead, let's decry politicians (who have a fundamentally different role than judges) for possibly using empathy. And let's use empathy ourselves (those poor downtrodden Hispanic workers who are angry over Sotomayor's treatment) to help tar those dastardly republicans while we're at it. |
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"There is certainly not one government in Europe but is now watching the war in this country, with the ardent prayer that the united States may be effectually split, crippled, and dismember'd by it... We are all too prone to wander from ourselves, to affect Europe, and watch her frowns and smiles. We need this hot lesson of general hatred, and henceforth must never forget it. Never again will we trust the moral sense nor abstract friendliness of a single government of the world." - Walt Whitman, 1864 |
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#7 |
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Master Poster
Join Date: Oct 2007
Posts: 2,803
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why not deal with those legal questions then?
Ask her about the facts of the case? Trotting in the firefighters - who are unqualified to comment on the legal issues and are only there to tell their sob stories - is the GOP committing the same sin they accuse Sotomayor of being prone to. They could tackle the Ricci case without engaging in a Sympathy Circus. |
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"It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can't get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile." - John Hinderaker, Powerline |
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#8 |
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Penultimate Amazing
Join Date: Jun 2006
Location: St. Louis
Posts: 10,989
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I agree with what others have said--bias is bias, and we do our best to keep it out of how we apply the law. As with science, though, if we pretend that we aren't human and subject to bias, we're more apt to open ourselves up to more biased methodologies.
I think judges who can admit that their personal background does inform who they are, are more likely to deliver less biased opinions. (We really don't want robots for judges.) At any rate, given the number of purely partisan decisions (including, notably Bush v. Gore), I think it's a charade to claim that they're just umpires calling balls and strikes. |
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"That is a very graphic analogy which aids understanding wonderfully while being, strictly speaking, wrong in every possible way." —Ponder Stibbons |
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#9 |
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Muse
Join Date: Jul 2009
Location: Las Vegas
Posts: 735
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You, of course, must assume that sympathy, and not the law was the reason the court decided why it did in overturning Sotomayor's panel decision. I’m not sure that was the case. Maybe some people on the GOP are sympathetic to the firefighters, I don’t know, I’m not a mind reader.
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#10 |
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Penultimate Amazing
Join Date: Jun 2006
Location: St. Louis
Posts: 10,989
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I think that was more about the role of an appeals court compared to the role of the Supreme Court. The SCOTUS has the discretion to change the standard. I suspect Sotomayor would have ruled with the majority in both cases (even though that would mean, as a member of the Supreme Court, she would reverse her own lower court decision).
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"That is a very graphic analogy which aids understanding wonderfully while being, strictly speaking, wrong in every possible way." —Ponder Stibbons |
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#11 |
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Master Poster
Join Date: Oct 2007
Posts: 2,803
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Actually I'm not well-read enough on the case to make that claim.
But clearly, the presence the firefighters have garnered on the talk-radio and the conserva-bubble more generally speak to the sympathy conservatives hold for the latest iteration in the Honest White Man Done Wrong by Liberals anthology. And its this sympathy - which I am not sure is completely unfounded - that the GOP is using in a cynical ploy to discredit Sotomayor. That's out one side of their mouth. Out the other side is all the pablum about Sotomayor's quote about being a "wise latina woman", and how that means she'll use "sympathy" when dealing with illegal immigrants or other undesirables. Given that her track record demonstrates clearly that she has NOT done so in the past, the bankrupt nature of these claims becomes all the clearer. There are clear legal principles at play in the Ricci case: that's what should be discussed, not the sympathetic nature of the firefighters. |
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"It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can't get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile." - John Hinderaker, Powerline |
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#12 |
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Penultimate Amazing
Join Date: Jun 2003
Posts: 13,872
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Well, no, it isn't. They are politicians, not judges. They are engaged in a fundamentally different activity than judges engage in. Whatever the merits or demerits of their actions, it's absurd to claim that they must be evaluated on the same basis.
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"There is certainly not one government in Europe but is now watching the war in this country, with the ardent prayer that the united States may be effectually split, crippled, and dismember'd by it... We are all too prone to wander from ourselves, to affect Europe, and watch her frowns and smiles. We need this hot lesson of general hatred, and henceforth must never forget it. Never again will we trust the moral sense nor abstract friendliness of a single government of the world." - Walt Whitman, 1864 |
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#13 |
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Master Poster
Join Date: Oct 2007
Posts: 2,803
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I understand they are politicians. At the moment they are deciding whether a judge should be nominated to the supreme court. At times like these, I think they should stick to the legal principles at play and her judicial track record - which gives the lie to the worries about her "latina woman" comment.
I'm not saying politicians should act like judges or umpires, and I'm not expecting them to. In fact, I expect this kind of hypocrisy - and I also think its appropriate to point it out. |
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"It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can't get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile." - John Hinderaker, Powerline |
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#14 |
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Radical centrist
Moderator
Join Date: Nov 2001
Location: The Group W bench
Posts: 27,282
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#15 |
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Penultimate Amazing
Join Date: Jun 2003
Posts: 13,872
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This too is wrong. A judge's judicial track record is indeed quite useful (especially in regards to cases where they are unanimously overruled, as happened in Ricci). But when you are a lower court judge, you are constrained by the opinions of the supreme court. You may find yourself making rulings which follow the guidance of SC rulings which you don't agree with but are nonetheless bound by. But no such constraint acts upon the supreme court. So questions of judicial philosophy and temperament are also quite relevant, because the way one rules as an SC judge can be different than the way one rules as a lower-court judge. Comments which might reveal something about such issues are rather valid grounds for further investigation.
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"There is certainly not one government in Europe but is now watching the war in this country, with the ardent prayer that the united States may be effectually split, crippled, and dismember'd by it... We are all too prone to wander from ourselves, to affect Europe, and watch her frowns and smiles. We need this hot lesson of general hatred, and henceforth must never forget it. Never again will we trust the moral sense nor abstract friendliness of a single government of the world." - Walt Whitman, 1864 |
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#16 |
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Philosopher
Join Date: Apr 2002
Location: USA
Posts: 6,424
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What I was suggesting has nothing to do with empathy. It is that people have political memories. Even if you don't think Sotomayor is a brilliant jurist, she is certainly as quailified for the court as anyone currently sitting there...and, her decisions and view are not particularilly out of the mainstream. All I was observing is that if Hispanics have a political memory, they may remember how they perceived her treatment and that could go against the GOP...they are, after all, the fastest growing segment of our population. It may mean nothing...I just thought it was interesting how closely the hearing was being watched by men and women who, in my office, are sometimes quite overlooked.
Further, I'm not suggesting the republicans are dastardly, just human...meaning that their as apt to overplay their hand, bluster, fluster and grow self-righteous as their democrat counterparts. |
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__________________
Weaseling out of things is important to learn. It's what separates us from the animals ... except the weasel. -- Homer Simpson |
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#17 |
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Penultimate Amazing
Join Date: Jun 2003
Posts: 13,872
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__________________
"There is certainly not one government in Europe but is now watching the war in this country, with the ardent prayer that the united States may be effectually split, crippled, and dismember'd by it... We are all too prone to wander from ourselves, to affect Europe, and watch her frowns and smiles. We need this hot lesson of general hatred, and henceforth must never forget it. Never again will we trust the moral sense nor abstract friendliness of a single government of the world." - Walt Whitman, 1864 |
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#18 |
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Philosopher
Join Date: May 2006
Posts: 7,062
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Give me a break. Numerous suits? He filed one lawsuit before this. And what's the BS about how he can't seem to keep a job? Just making things up these days to smear a political opponent?
Sotomayor is going to get approved. Dragging a firefighter with a disability through the mud is not necessary. Or enlightened. |
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1960s Comic Book Nostalgia Check out my (Republican-oriented) Political Blog. Visit the Screw Loose Change blog. |
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#19 |
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Penultimate Amazing
Join Date: Jun 2003
Posts: 13,872
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And that means what... that the GOP should just roll over whenever the possibility of identity politics playing against them rears its head? That might save you in one election, but it's hard to make a political career out of backing down from any fight. If republicans were threatening a filibuster, I'd be more inclined to consider that they're overplaying their hand, but just giving her a bit of a grilling during the confirmation hearings? I have a hard time seeing how that's going to really plague them.
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"There is certainly not one government in Europe but is now watching the war in this country, with the ardent prayer that the united States may be effectually split, crippled, and dismember'd by it... We are all too prone to wander from ourselves, to affect Europe, and watch her frowns and smiles. We need this hot lesson of general hatred, and henceforth must never forget it. Never again will we trust the moral sense nor abstract friendliness of a single government of the world." - Walt Whitman, 1864 |
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#20 |
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Philosopher
Join Date: Apr 2002
Location: USA
Posts: 6,424
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Not backing down is one thing. Jeff Sessions lecturing anyone on race, etc. is just comedy.
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__________________
Weaseling out of things is important to learn. It's what separates us from the animals ... except the weasel. -- Homer Simpson |
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#21 |
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Muse
Join Date: Jul 2009
Location: Las Vegas
Posts: 735
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#22 |
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Radical centrist
Moderator
Join Date: Nov 2001
Location: The Group W bench
Posts: 27,282
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Oops. You're right. Only filed two suits. Threatened others. He did a lot of complaining about discrimination though.
It is the GOP's decision to crassly use Frank Ricci as a political tool. No, it is not at all necessary. But like Joe the Plumber, it seems he will happly exchange his reputation for his few minutes of fame and perhaps a few speaking gigs.
Originally Posted by Slate
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#23 |
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Penultimate Amazing
Join Date: Jun 2003
Posts: 13,872
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No comments about the validity of his complaints, I see.
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So far, he only actual reason that you've given to justify attacking him personally is precisely that he is voicing his opinions. Is that really the way you want politics to operate, Tricky? Is that really the standard you want established? |
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"There is certainly not one government in Europe but is now watching the war in this country, with the ardent prayer that the united States may be effectually split, crippled, and dismember'd by it... We are all too prone to wander from ourselves, to affect Europe, and watch her frowns and smiles. We need this hot lesson of general hatred, and henceforth must never forget it. Never again will we trust the moral sense nor abstract friendliness of a single government of the world." - Walt Whitman, 1864 |
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#24 |
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Radical centrist
Moderator
Join Date: Nov 2001
Location: The Group W bench
Posts: 27,282
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We don't really know the validity of his first complaint.
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Did I say that? I only said it would be a mistake (on the GOP's part) to use him. I am perfectly happy to let the GOP make themselves look foolish. He is not just "voicing his opinions". He is being called to witness for the suitability of Sotomayor as a judge. It is only fair that the Senate be allowed to question his suitability as a witness. Would you prefer that it operated differently and that a person could make character attacks without allowing questions on his own character? Is that really the legal standard you want established? |
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#25 |
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Penultimate Amazing
Join Date: Jun 2003
Posts: 13,872
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But you're attacking him as if you did.
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"There is certainly not one government in Europe but is now watching the war in this country, with the ardent prayer that the united States may be effectually split, crippled, and dismember'd by it... We are all too prone to wander from ourselves, to affect Europe, and watch her frowns and smiles. We need this hot lesson of general hatred, and henceforth must never forget it. Never again will we trust the moral sense nor abstract friendliness of a single government of the world." - Walt Whitman, 1864 |
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#26 |
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Philosopher
Join Date: May 2006
Posts: 7,062
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This is a complete strawman. Ricci is not being called to make character attacks against Sotomayor; I doubt he has ever met her. He's not Anita Hill for pete's sake (and I'd be hugely surprised if you defend the questions asked about her character).
This kind of "anybody who's got a beef with Sotomayor must be a bad guy" nonsense is characterizing nobody but you The sensible way for the Democrats to counter Ricci is to simply point out that even the Supreme Court was conflicted on the case and therefore that Sotomayor's concurrence with the ruling denying Ricci's appeal was not unreasonable, even if the Supreme Court decided narrowly that it was wrong. And, in keeping with the OP, I would remind you that Italians are watching and muttering every time somebody disses Ricci.
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1960s Comic Book Nostalgia Check out my (Republican-oriented) Political Blog. Visit the Screw Loose Change blog. |
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#27 |
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Master Poster
Join Date: Oct 2007
Posts: 2,803
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__________________
"It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can't get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile." - John Hinderaker, Powerline |
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#28 |
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Penultimate Amazing
Join Date: Jun 2003
Posts: 13,872
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__________________
"There is certainly not one government in Europe but is now watching the war in this country, with the ardent prayer that the united States may be effectually split, crippled, and dismember'd by it... We are all too prone to wander from ourselves, to affect Europe, and watch her frowns and smiles. We need this hot lesson of general hatred, and henceforth must never forget it. Never again will we trust the moral sense nor abstract friendliness of a single government of the world." - Walt Whitman, 1864 |
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#29 |
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Philosopher
Join Date: May 2006
Posts: 7,062
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__________________
1960s Comic Book Nostalgia Check out my (Republican-oriented) Political Blog. Visit the Screw Loose Change blog. |
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#30 |
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Philosopher
Join Date: Nov 2007
Posts: 5,750
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"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."S.S.
Had said Sotomayor said "informed," not "better," she could have saved herself a lot of grief in these hearings even though she actually meant what she said at the time. The women will be confirmed. Then we can sit back and wait for the inevitable VP Biden gaffe. |
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Qui audet superat - Who Dares Wins |
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#31 |
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Master Poster
Join Date: Oct 2007
Posts: 2,803
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__________________
"It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can't get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile." - John Hinderaker, Powerline |
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#32 |
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Philosopher
Join Date: Nov 2007
Posts: 5,750
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__________________
Qui audet superat - Who Dares Wins |
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#33 |
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Master Poster
Join Date: Oct 2007
Posts: 2,803
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__________________
"It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can't get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile." - John Hinderaker, Powerline |
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#34 |
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Philosopher
Join Date: Nov 2007
Posts: 5,750
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Huge deal? The women didn't go down in flames. She was an easy confirmation. One wonders why she just didn't stick to her comments instead of just saying the things she figured the Republican Senators wanted to hear. Does she really believe her confirmation would be jeopardized had she owned up to the true meaning of her comment?
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Qui audet superat - Who Dares Wins |
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#35 |
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Master Poster
Join Date: Oct 2007
Posts: 2,803
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__________________
"It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can't get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile." - John Hinderaker, Powerline |
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#36 |
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Critical Thinker
Join Date: Apr 2008
Posts: 385
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I'm quite enjoying watching the GOP consign itself to minority status.
For the GOP senators, this has more to do with being obstructionist than anything, as opposed to racism (excepting Sessions, of course). At least that is my opinion. They feel the need to stand in the way of Obama and offer an image of standing up to Sotomayor in order to hold onto their base. A base which donates money to campaigns and PACs. The empathy being a bad thing is an interesting tack for the GOP to take, especially after celebrating Alito's immigrant family.
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Power corrupts... But absolute power is even better! -- unknown If Allopathy is modern medicine, I would say Homoeopathy is post-modern medicine. -- "Dr." Nancy Malik |
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#37 |
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Acting like a maniac
Join Date: Mar 2007
Location: Shipwrecked and Comatose
Posts: 4,001
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I wondered why there was no thread about the hearings. I figured it was because everyone found them as boring as I did. She's going to be confirmed. No one is giving her a hard time. Republicans are rolling over for her.
But sure enough, when the thread does start.. what do you know. The republicans are (of course) bending over backwards to destroy her! And it will backfire! What are they thinking? Every hispanic in the world is watching! They see all! They will remember! Puh-lease... The demagoging here is just so outrageous. And of course, yet another lesson for Republicans. No matter how fair you try to be, you'll never be considered such by the left. You'll never an ounce of respect in return. It's war. Vicious, scorched earth warfare. There is no sense in trying to do anything to appease the other side, ever. It never helps or works at all. Poor John McCain, who was called a Maverick (by main stream media and many on the left) is the best example of this. He got the most friendly with the left of any previous Republicans. And look how well that worked for him. As soon as election season started, he was suddenly a kooky, old man who was too friendly with Bush. Of course, I already know what responses to what I'm saying will be. That I'm the one seeing bias, and the left is the most tolerant (laugh) and open group of thinkers ever. |
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"Questions are a burden to others; answers a prison for oneself" - The Prisoner "Look, I'm a tenth generation A.I. hologramic computer.. I'm not your Mum" - Red Dwarf "Ken Buddah... a smile, two bangs, and a religion" - Monty Python "A little hard work never killed anyone... but I'm not taking any chances" - Upright Citizens Brigade |
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#38 |
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Penultimate Amazing
Join Date: Sep 2001
Location: Portland, Oregon
Posts: 13,315
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Wow, whippy.................just wow.
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All national institutions of churches, whether Jewish, Christian or Turkish, appear to me no other than human inventions, set up to terrify and enslave mankind, and monopolize power & profit - Thomas Paine |
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#39 |
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Acting like a maniac
Join Date: Mar 2007
Location: Shipwrecked and Comatose
Posts: 4,001
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Furthermore, is there any reason to believe these every day hispanics you are seeing are all completely and fully aware of all of her positions and beliefs, and are standing by her based on that? Or could it be possible that they are standing around her in a form of solidarity because of her race? You know, the "first hispanic female justice". This has not been unknown to happen in the past. Here in Milwaukee, we have several black officials who have done bad things, repeatedly, but are continually supported and re-elected by their constituents.
I can already sense I'll be called a racist for even considering such a thing. But I mean they are reacting more in a manner of pride. Wanting to support their person as they see it as a personal victory for themselves and their race. Ken, that's how I feel every day when I read these forums. If you really don't see it, then I don't know what to say. McCain is a poster child for stupd Republican attempts to appease the left. It never works. |
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"Questions are a burden to others; answers a prison for oneself" - The Prisoner "Look, I'm a tenth generation A.I. hologramic computer.. I'm not your Mum" - Red Dwarf "Ken Buddah... a smile, two bangs, and a religion" - Monty Python "A little hard work never killed anyone... but I'm not taking any chances" - Upright Citizens Brigade |
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#40 |
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Penultimate Amazing
Join Date: Sep 2001
Location: Portland, Oregon
Posts: 13,315
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You are such a maverick, whippy. I wish I had you insight.
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All national institutions of churches, whether Jewish, Christian or Turkish, appear to me no other than human inventions, set up to terrify and enslave mankind, and monopolize power & profit - Thomas Paine |
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