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Top liberal law prof advised Obama not to pick ‘bully’ Sonia Sotomayor [calls her Aff Action hire]
Washington Examiner ^ | Matthew Sheffield

Posted on 10/28/2010 12:37:22 PM PDT by RatherBiased.com

One wonders how Ed Whelan of the Ethics and Public Policy Center managed to get a hold of a private letter sent to President Obama by Harvard law professor Laurence Tribe advising him against nominating Sonia Sotomayor to the Supreme Court, but be that as it may, its contents are quite interesting and show just how nakedly political Tribe’s view of a justice really is and also how little he thinks of Sotomayor.

In the May 2009 letter (PDF link here), Tribe advises Obama to refrain from choosing Sotomayor because “she’s not nearly as smart as she seems to think she is” and also that she is a “bully” who would would be unable to try to persuade frequent SCOTUS swing vote Anthony Kennedy to a “pragmatically progressive direction,” something that Tribe believes former justice David Souter had managed to do on occasion.

Instead of choosing Sotomayor, Tribe advised the newly elected president appoint Elena Kagan, the then-dean of the Harvard law school whom Obama would later nominate to the Court for a different vacancy, because he saw her as being more skilled at swaying Kennedy given her experience “gently but firmly persuading a bunch of prima donnas” at Harvard Law:

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Constitution/Conservatism; Front Page News
KEYWORDS: anthonymkennedy; antoninscalia; clarencethomas; davidsouter; edwhelan; elenakagan; johngrobertsjr; larrytribe; laurencetribe; ruthbaderginsburg; samuelanthonyalitojr; scotus; soniasotomayor; sonyasotomayor; stephengbreyer

1 posted on 10/28/2010 12:37:26 PM PDT by RatherBiased.com
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To: RatherBiased.com

Is he related to algore?


2 posted on 10/28/2010 12:39:58 PM PDT by equalitybeforethelaw
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To: RatherBiased.com

The chunky Latina has used the race card to get her everywhere she’s gone, and now she’s set for life. Too bad we’ll have to live with these affirmative action hires chosen by our affirmative action president.


3 posted on 10/28/2010 12:40:15 PM PDT by kittymyrib
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To: RatherBiased.com

Sounds like a not so wise Latina.


4 posted on 10/28/2010 12:40:27 PM PDT by Colonel Kangaroo
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To: RatherBiased.com

Not so much the wise Latina is a bully, that Justice Kennedy is a wimp.


5 posted on 10/28/2010 12:40:51 PM PDT by AU72
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To: RatherBiased.com
“she’s not nearly as smart as she seems to think she is”

Neither is Obama!

6 posted on 10/28/2010 12:42:19 PM PDT by Paleo Conservative
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To: RatherBiased.com

So we have a aroogant dumba** and a pol on the Supreme court. How nice/S


7 posted on 10/28/2010 12:45:02 PM PDT by Marty62 (marty60)
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To: RatherBiased.com

Just one question:

If Obama cannot produce a BC when the new Congress demands to see it, do all of his appointments get fired after he is impeached?


8 posted on 10/28/2010 12:45:17 PM PDT by Dogbert41
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To: kittymyrib

Hey! That is Deval Patrick to a tee!

“The chunky black extortionist has used the race card to get him everywhere he’s gone, and now he’s set for life.”


9 posted on 10/28/2010 1:03:03 PM PDT by pabianice
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To: Paleo Conservative

Neither, for that matter, is Larry Tribe.


10 posted on 10/28/2010 1:06:40 PM PDT by Flash Bazbeaux
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To: RatherBiased.com

And how many so called right wing Senators voted for both of these? Hmmmm??? Ms Lindsay Graham?


11 posted on 10/28/2010 1:17:39 PM PDT by Aria ( "Remember, attitudes are contagious, so make sure yours are worth catching." Sarah Palin 9-18-2010)
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To: RatherBiased.com

Wise Latina women can’t be bullies.

This guy is just a racist.

/sarc


12 posted on 10/28/2010 1:21:16 PM PDT by Tzimisce (No thanks. We have enough government already. - The Tick)
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To: RatherBiased.com

A bully bull ****, how nice.


13 posted on 10/28/2010 1:51:05 PM PDT by mojitojoe (Caractacus..or Bob if a boy & Boudicca if a girl....such hard decisions for dearie Snidely)
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To: Dogbert41

If Obama is found to be a usurper, ineligible to be President of the United States, then everything he has signed is invalidated, and everyone he has hired, appointed and promoted is basically out of a job.


14 posted on 10/28/2010 1:51:35 PM PDT by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!)
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To: SatinDoll

Nope, what it would mean would be CW II. You cant honestly believe that the MSM and Demoncrats would actually go quietly?

Could be almost as much fun as a zombie apocalypse.

/kind of kidding, kind of not


15 posted on 10/28/2010 2:12:17 PM PDT by Illuminatas (Obama - Dumber Than Bush!)
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To: RatherBiased.com

I must note that Prof. Tribe did not have the b@lls to send letters to the Republican members on the Judiciary Committee


16 posted on 10/28/2010 2:16:33 PM PDT by Buckeye McFrog
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To: SatinDoll

If Obama is found to be a usurper, ineligible to be President of the United States, then everything he has signed is invalidated, and everyone he has hired, appointed and promoted is basically out of a job.

unfortunately, maybe not

he was voted in by the electors of the Electoral College. he was sworn in by the Chief Justice of the Supreme Court.

he is the President of the US. even if he should not be, he is President.

since he is President, his appointees, his signatures on bills, his vetos, all of it is valid.

he can be impeached, and would no longer be President, but since he is President now, everything he has done since the swearing in ceremony is legal.

IMHO, unfortunately.


17 posted on 10/28/2010 2:17:40 PM PDT by kralcmot (my tagline died with Terri)
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To: RatherBiased.com

He meant big-mouthed and abrasive affirmative action hire


18 posted on 10/28/2010 2:40:45 PM PDT by RightGeek (FUBO and the donkey you rode in on)
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To: kralcmot

The basic eligibility premise of Onanda’s run for the Presidency was unconstitutional. It follows that anything he did, signed or whatever is unconstitutional.

That part is perfectly clear. What is not clear is the determination of legally elected Congress Critters—of which ever party—to do the right thing and throw him out of office. He does not even merit a last ride in Air Force 1.

It is impossible to impeach a person who was never eligible to hold the office in the first place.

A lot of people got us to this sorry place in American history. Both demrat and pubby party leadership aided and abetted this man’s quest to usurp the Presidency. Every Congress Critter holding office when Onada stole the office is responsible. As a minimum, they should all resign, get voted out or whatever.

The people we’ve been electing are morally bankrupt traitors whose primary goal in life was to feed off the public trough and/or overthrow the American government. I guess we’ll really see how many people finally get it on Nov. 4th.


19 posted on 10/28/2010 2:42:41 PM PDT by dools0007world
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To: Flash Bazbeaux
None of them are very smart apparently.

ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial of a State

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in parentheses is modified by the 11th Amendment.)

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Amendment 11 - Judicial Limits. Ratified 2/7/1795. Note History

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

20 posted on 10/28/2010 2:44:37 PM PDT by itsahoot (We the people allowed Republican leadership to get us here, only God's Grace can get us out.)
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To: kralcmot

A usurper cannot be impeached, as he/she is holding a position illegally.

Congress wrestled with this problem formerly when two Senators ineligible to hold office were removed and their names stricken from the records as though they never existed.

Obama will be treated the same.

Only congress can remove a sitting President. Usurpers are supposed to be tried by Congress, but that body delegated the power to try usurpers to the District Court, Washington, D.C. There, per Quo Warranto, the usurper must prove eligibility for the office held.

The fact Obama conned millions of people into voting for him doesn’t mean a damned thing!


21 posted on 10/28/2010 4:17:33 PM PDT by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!)
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additional:

Tribe to Obama: Sotomayor Is “Not Nearly As Smart As She Seems To Think She Is”
http://www.freerepublic.com/focus/news/2616409/posts


22 posted on 10/28/2010 4:58:02 PM PDT by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: RatherBiased.com

Tribe is an unabashed judicial activist commie.

Whelan, OTOH, is first rate.

Tribe shouldn’t be surprised that The Arrogant One of the Golden Columns shirked his advice.


23 posted on 10/28/2010 5:45:30 PM PDT by chilltherats (First, kill all the lawyers (now that they ARE the tyrants)....... would step up)
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To: RatherBiased.com

I will not despair! It will take some time, but I believe both Sotomayer and Kagen can be convinced, in time, that they have been wrong, and to slowly turn their reading of the Constitution back towards a document that limits the options of government and expands the rights of the people.

At least I hope. I also hope that Scalia, Alito & Roberts live to 120. And that Justice Thomas lives to 200!


24 posted on 10/28/2010 6:23:52 PM PDT by monkeyshine
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To: SatinDoll
"...everyone he has hired, appointed and promoted is basically out of a job."

Sorta like January, '13, right?
*\<grin>

25 posted on 10/28/2010 7:16:36 PM PDT by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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To: SatinDoll

“Congress wrestled with this problem formerly when two Senators ineligible to hold office were removed and their names stricken from the records as though they never existed.”

not questioning your recollection, but please give me names or source so i can verify this

thanks


26 posted on 10/28/2010 7:32:15 PM PDT by kralcmot (my tagline died with Terri)
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To: kralcmot

I posted it a year and a half ago. Do your own research.


27 posted on 10/28/2010 7:37:40 PM PDT by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!)
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To: SatinDoll

Actual impeachments of 19 federal officers have taken place. Of these, 15 were federal judges: Twelve district court, two court of appeals (one of whom also sat on the Commerce Court), and one Supreme Court Associate Justice. Of the other four, two were Presidents, one was a Cabinet secretary, and one was a U.S. Senator.

from wikipedia....

so cite a source or name names and you will educate me


28 posted on 10/28/2010 7:55:51 PM PDT by kralcmot (my tagline died with Terri)
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To: SatinDoll
Obama will be treated the same.

I pray you're right!

29 posted on 10/28/2010 8:04:22 PM PDT by thecodont
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To: RatherBiased.com

The irony is that Obama got his first pick, Sotomayor, over the hurdle and so could thumb his nose at his old Harvard buddy. (”Look what I did! Nyah!”)

After Sotomayor, Kagan was a slam dunk, so he could afford some largesse for his old buddy.

Thanks to RINOs like Graham, we’ll be stuck with those two albatrosses for a looong time.


30 posted on 10/28/2010 10:15:40 PM PDT by BradyLS (DO NOT FEED THE BEARS!)
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To: kralcmot
The problem with your request is as follows: the record of these two individuals was obliterated as though they had never been in the Senate. Possibly further complicating matters, usurpers are never impeached, at least they are not at the present time.

One of the two above later became a U.S. citizen, was eligible to run for office and returned to the Senate,

I will place a telephone call to the Senate Historical Office tomorrow unless you prefer to do the deed yourself. The number is 1(202)224-6900.

And a note of warning: Wikipedia is wildly undependable as an information source, particularly when it comes to a controversial political subject like non-citizen ‘usurpers’.

31 posted on 10/28/2010 10:28:29 PM PDT by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!)
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To: Buckeye McFrog

He’s a such a notorious left-winger, he has to know Republican Judiciary Committee members would have no truck with him. Well, I bet Specter would have, but his days as a “Republican” are past.


32 posted on 10/28/2010 10:32:54 PM PDT by eater-of-toast ("It is much more important to kill bad bills than to pass good ones." -- Calvin Coolidge)
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To: kralcmot

“Actual impeachments of 19 federal officers have taken place...and one was a U.S. Senator.”

According to the Senate Historical Office, no Senators have ever been impeached. They are expelled.

However, one Senator, William Blunt of Tennessee, was going to be impeached for treason but was expelled instead so the impeachment proceedings were dropped.

The person I spoke with, Berry Koed, was unable to tell me who specifically were usurpers prevented from taking seats in the Senate. Sorry.

The person who originally told me about these two usurpers was a historian and an acquaintance of good repute. Unfortunately there doesn’t seem to be any written evidence I can find to verify that information. That doesn’t mean it doesn’t exist — only that I can’t locate it at this time.


33 posted on 10/29/2010 8:05:19 AM PDT by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!)
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To: SatinDoll

That would be awesome!


34 posted on 10/29/2010 10:06:40 AM PDT by Dogbert41
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