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Posted on 07/15/2009 1:51:40 PM PDT by nickcarraway
George Mason University law professor (and Reason contributor) Ilya Somin catches Sonia Sotomayor misstating a central fact about the Supreme Court's eminent domain decision in Kelo v. City of New London during her confirmation hearings today:
In response to questioning by Democratic Senator Herb Kohl, Sotomayor refused to reveal her view of Kelo, a standard tactic used by previous Supreme Court nominees, but also incorrectly claimed that Kelo upheld a taking in an "economically blighted area"...
In reality, both sides in the Kelo litigation agreed that the area in question was not blighted. As Justice John Paul Stevens noted in his majority opinion for the Court, "There is no allegation that any of these properties [that were condemned] is blighted or otherwise in poor condition," and "[t]hose who govern the City [of New London] were not confronted with the need to remove blight in the Fort Trumbull area" where the condemned properties were located. That's what made the Kelo case distinctive: it addressed the question of whether property could be condemned and transferred from one private owner to another solely for purposes of "economic development" in a nonblighted area.
Whoops. As Somin notes, "Sotomayor's misstatement of Kelo's holding is somewhat surprising, given that she was surely prepared to answer questions about her own controversial ruling applying Kelo in the Didden case."
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Could it be that she is not as wise as she thinks she is?
Nah, couldn’t be that.
Not a “Wise Latina” but a “Latin Wiseass from New York City” ~ naw, couldn’t be ~ only room for one of them in a room at a time, so that’d mean Chucky Schumer left the hearing to go smoke cigarettes on the Capitol steps or something.
The Bible beat Sotomayor to the punch: “Thinking themselves wise, they became fools.” And the American people still are confused.
BTW, I did have a chuckle when I saw an article stating that the "wise Latina" comment was an update on Sandra Day O'Connor's remark that "a wise old man and a wise old woman will reach the same conclusion." Of course they will.
She’s a loser but America wanted “change” and they’re going to get it via enema, if necessary.
The reason why men enter into society is the preservation of their property . . . (Therefore,) whenever legislators endeavour to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, . .
She & 0bama et al want us in projects. Declaring houses condemned for not being up to ‘code’ will be the entree. Out of sight utilities will gut country/rural towns.
I feel like WJBC is breathing over my shoulder when I say this but, "She was prepared, but she was still unprepared."
That is to say, I'm sure many of "her people" prepared an extensive answer for her among her briefing books, and peppered her interactively as much as they dared as they covered KELO and related, possible questions with her, such that her answer should have been entirely whistle-clean, but still, under the Klieg lights, she was not properly prepared with a fully-correct and persuasive answer.
When people are put in the positions not because of merit, they will screw up, most often regularly, just as Sotomayor does. She in no way deserves a lifelong pass to big-league play. In fact, she deserves more than Major Cook to be turned out of her current job.
HF
it won’t matter, they want her and she will get in. :-(
it is sad that we do not require scotus nominees to answer questions as to whether they will uphold constitutional protections against takings as required by the 5th amendment.
however in this case we have her prior rulings, which don’t look too good if you value your property.
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