Posted on 05/27/2009 1:40:19 PM PDT by Kaslin
Supreme Court: The first Latina Supreme Court pick is hailed as a political home run, but Judge Sonia Sotomayor is vulnerable. Americans simply don't want justices making law. That is the question pundits are asking in the wake of President Obama's court choice of South Bronx native Sonia Sotomayor. Add to her ethnicity Sotomayor's rise from inner-city poverty after her father's death during her childhood, the White House's shrewd highlighting of her education at Catholic schools, plus her lifelong struggle against diabetes and it's hard not to find the political math coming out in her favor. But Hispanic ethnicity didn't stop Senate Democrats, then in the minority, from spending 28 months successfully blocking Honduran-born Miguel Estrada's 2001 nomination to the U.S. Court of Appeals for the D.C. Circuit by President Bush. Estrada's life story was inspiring too. Knowing little English, he immigrated to America at 17 to join his mother after his parents' divorce. A few years later, he was graduating with honors from both Columbia and Harvard Law.
What point is there in staging a big fight against the first high court nominee of Hispanic extraction (discounting Justice Benjamin Cardozo's Portuguese blood)?
(Excerpt) Read more at ibdeditorials.com ...
The judiciary was intended by the Founders to be the weakest branch of the government. It was their intention that judges could only say to the other two branches, “you can’t do that”. They are not empowered by the Constitution to say, “You MUST do this.”
Logos, ethos or pathos...hmmmmmmmmmm
Barry, we’ll take what’s behind door #3!
http://www.public.asu.edu/~macalla/logosethospathos.html
Judicial Empathy means *Inequal Justice.
Cases will be decided based on race creed and color, to the benefit of one and the detriment of another, and all will be based not on the Constitution, or the Law, but based on the emotional whims and fiats of the empathies of whatever judge that renders the case, and on the mood they are in on that day.
It is a perverting of the basis of our entire society.
It is the rule of the oligarch, the feudal lord, the rule of the despot.
Both the oath of the judiciary and the scripture on which it is based clearly state that “empathy”, ie, partiality, is NOT allowed.
There is a bastard kind of generosity, which is by being extended to all men, is fatal to society, on one hand, as the want of true generosity is on the other hand. A lax manner of administering justice, falsely termed moderation, has a tendency both to disrupt public virtue, and promote the growth of public evils.~~Thomas Paine
It is not empathy, they are purposely using the wrong word.
Gentlemen:
Treat Sotomayer the same way Democrats treated Robert Bork. She is unqualified, unprincipled and a unjudicial. Using "empathy" as a substitute for hard legal principles is outrageous.
If you don't fight her nomination vigorously, watch a third party form. Watch my money go to it.
We stand here, at this time, or we stand for nothing at all.
Signed
Unfortunately the Republicans don’t have a chance of filibustering the nomination.
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