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Judge Sonia Sotmayor, WHAT WAS OBAMA THINKING !

sotomayor_052609I have personally stayed away from this subject of  Judge Sonia Sotomayor being nominated for Supreme Court by none other than President Obama.  I do know that many people instantly started defending her against racial and gender biased comments before any comments had even been made.  In my experience this usually happens in an attempt to hide unfavorable information and to warn anyone who may speak negatively about a particular subject.  From the research that I have done, Judge Sotomayor is a very intelligent and well edjucated woman with the experiance and “cohoonas” to match!  There is no doubt that she is extremely qualified for the position for which she has been nominated. 

When I first began debating with my co-horts over this subject I was uneducated about Judge Sotomayor’s  judicial record, therefore felt unqualified to form opinions concerning her capabilities.  I do, however, have a fair understanding of  right from wrong.  Since this matter had already been divided along lines of race and gender, I debated that there was no question that this nominee was qualified for the position but was she the “most” qualified.  I asked if there was another candidate that was possibly overlooked that was more qualified because of their gender or her ethnic heritage.  I was then bombarded with slurs from those who support her nomination.  Since a debate consists of presenting opposing views I held my ground.  Otherwise it would have turned  into a conversation rather than a debate. 

I presented that a team is only as strong as its weakest link.  America is after all a team. If we start accepting people of lesser qualifications due to their gender or racial background we all suffer. There is no substitution for quality in any aspect of your government.  

There are some racist people out there in the world, sure!  However, there are a lot of people that are not racist that have legitimate concerns about the direction that the direction that our country is heading. Not just the government but the whole United States.

If you have two people that are ( equally ) qualified for a position, I can see selecting someone who is of a minority race or the gender that is not equally represented in that forum. However, when you have two people that are not ( equally ) qualified for a position and the person who is less qualified receives the job because of their race or gender then it is wrong.

Rep. Lamar Smith, R-Texas, in a written statement, said Tuesday he’s concerned Sotomayor has shown “personal bias based on ethnicity and gender.” 

“Judge Sotomayor will need to reassure the country that she will set aside her biases, uphold the rule of law and interpret the Constitution as written, not as she believes it should have been written,” said Smith, who will have no vote in the matter, as the confirmation is a Senate matter.

Perhaps Sotomayor’s most controversial decision was in Ricci v. DeStefano, in which she was part of a panel ruling against a group of white firefighters in New Haven, Conn. — they objected after the city threw out the results of a promotion test because too many white firefighters, and not enough minority firefighters, scored high. 

She and two other judges summarily dismissed the case without tackling the complex issues outlined in stacks of briefs and debated in extended oral arguments. Instead, the court issued an unsigned, one-paragraph opinion. Sotomayor’s colleague, Judge Jose Cabranes, was so concerned that he wrote a lengthy dissent highlighting what many saw as an attempt to bury the case. 

“This perfunctory disposition rests uneasily with the weighty issues presented by this appeal,” he wrote. 

The discrimination case was later kicked up to the Supreme Court, and a decision is expected by late June. 

Sotomayor has a record of being rebuffed by the high court. Of the six decisions she was a part of that came before the high court, five were reversed. In the sixth, the court disagreed with Sotomayor’s reasoning. 

Senior administration officials said they have no concerns about the reversal rate or Sotomayor’s position in the firefighter case. But that and other cases are now ripe for analysis. 

— In one case reversed by the Supreme Court, Sotomayor and the majority on the appeals court ruled that an inmate could sue a private corporation for injuries he suffered in a halfway house run by that company. Though the company operated the house on behalf of the Bureau of Prisons, Sotomayor argued that the company was not shielded from liability. The Supreme Court reversed the appeals court decision in 2001. 

— In another case, Sotomayor dissented in a 2006 opinion that rejected a challenge to a New York law denying convicted felons the right to vote. She argued in her own dissenting opinion that the state law “disqualifies a group of people from voting.” 

— Sotomayor, in 2003, also wrote an opinion that reversed a district court decision that a Muslim inmate’s rights were not violated when he was denied a holiday feast. Sotomayor argued that the inmate’s First Amendment rights were violated because the feast was important to his religion. 

— In 1999, Sotomayor dissented in a decision to dismiss a case in which a black student claimed his school discriminated against him by transferring him mid-year from first grade to kindergarten. Sotomayor argued that the “lone black child” in the class was not given an “equal chance.” 

— In 2007, Sotomayor wrote an opinion holding that the Environmental Protection Agency could not perform a cost-benefit analysis to determine the “best technology available.” She wrote it could only consider cost as a factor in more limited ways. This decision, too, was overturned by the Supreme Court. 

— In 1993, Sotomayor threw out evidence obtained by police in a drug case, because a detective lied to obtain the search warrant — prosecutors agreed to a plea bargain. However, during sentencing Sotomayor made controversial statements by criticizing the five-year mandatory sentence, calling it an “abomination” that the defendant did not deserve.

I am glad to lve in America.  As a woman I have the opportunity to become whatever I may want to become.  I look to Sonia Mayor as both a roll model and in inspiration not only to me but to all women.  She stands as a shinning example of what a woman and someone of a minority heritage can achieve in America.  After reading and researching many of her cases, however, I must question the validity of her nomination to the Supreme Court and the intentions of President Obama who chose her.  It doesn’t seem logical to me that a “person” not a “woman or Hispanic” who has had to have so many decisions overturned and that is obviously bias should have been nominated.

We would love to hear your thoughts.  Click on “comments” below to leave your opinions.

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May 28, 2009 - Posted by | Political | , , ,

2 Comments »

  1. First, of the over 600 decisions she made on the circuit court of appeals, only 6 were even sent to the supreme court. That’s a better record than most of the sitting supreme court members. Many of the “statements” she’s being blasted for were also said (in so many words) by sitting conservative members.

    But… I’ve recently pulled my secret decoder ring and crystal ball out of my ass, uh I mean storage, so let me help you out here. She absolutely IS qualified and will be seated. Republicans don’t want to piss off the Latinos by appearing to pick on her, so the only ones you’re going to hear from are talking heads like Rush or others not running for office, or a few right fringe who are safe in their districts. Obama absolutely DID pick her because she is a woman and a Latina, not because she is a oober liberal, because he is campaigning already and wants to seal those Hispanic votes for 2012.

    If the Republicans will just sit back and wait, they’ll find they’re going to like her more than they expected, and in about a year (maybe less), it’ll be the left and the Democrats who will be fussing because she’s not nearly liberal enough. For example, she’s pro-life rather than pro-choice. I also have looked at her record (I’ll spare you all the details) and she votes with the conservatives over 95% of the time when she’s on a court that has more right than left leaners (which the supreme court now has 5 to 4). My crystal ball says we’ll be revisiting Roe v Wade yet again… and with a different outcome this time around… More back alley abortions on the way…

    Comment by cheewizz | May 29, 2009 | Reply

    • I have read all of that. And I agree, she is qualified for the position. What I would like to find out is was she the MOST qualified for the position or was someone else that was more qualified that was passed over? I can’t find any information on this.

      Comment by Margie Weatherbe | May 30, 2009 | Reply


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