Wednesday, May 27, 2009

What Did She Mean?

Having endured vicariously a Judicial Bully in the person of Barbara Walther, this concerns me, because Judge Sotomayor is being called a bully.

Frankly, the issue of whether or not this potential "Supreme" is a Latina and the "peril" that might be involved in "attacking" her is all the more reason in my humble opinion, to eviscerate her, provided that is the "right(s)" response. We are no longer a "racist nation" so her status as a "Latina" is utterly irrelevant other than I would think it provides a chance to showcase the idea that whatever race you are, if you're an idiot leftist, the political right stands ready to field dress you (figuratively) on the spot.
The New Republic - "The most consistent concern was that Sotomayor, although an able lawyer, was 'not that smart and kind of a bully on the bench,' as one former Second Circuit clerk for another judge put it. 'She has an inflated opinion of herself, and is domineering during oral arguments, but her questions aren't penetrating and don't get to the heart of the issue.' (During one argument, an elderly judicial colleague is said to have leaned over and said, 'Will you please stop talking and let them talk?')"
A Judge in love with her own opinions and the wisecracking sound of her own voice? This is a Judge with her mind already made up and I've seen one of those before. Judge Walther "made herself clear" and then promptly lost control of her courtroom. Do we need a Supreme that's going to start verbal brawls in our highest court?

So what did she mean in the above clip? If she's a Judicial Bully and she likes to hang with her "crowd" and make snickering inside jokes about writing law from the bench or "making policy" there, she's the most dangerous sort of Justice. We'll be listening to her enjoy the sound of her own voice for decades to come and at worst, she will lead the liberal charge on our bench for 30 years or more, at best she will be a marginalized joke.

She could be making an honest remark about the unfortunate nature of courts in this country, that policy is indeed made from the bench whether that be appropriate or not. In that case Sonia Sotomayor will probably take a dim view of it when she spots egregious examples of law making from the bench and from the tone of her voice, in the above clip, it's possible she just might mean that. I doubt it. Consider the author of her nomination.

If Judge Sotomayor is a winking middle finger flashing equivalent of her nominating President, she should be fought tooth and nail for whatever faint hope of her defeat there might be. If she's just a liberal Judge, well, we have a Liberal President and a Liberal House and a Liberal Senate where there is a filibuster proof Liberal majority and the only useful purpose of resisting her will be the simple benefit of illustrating who Liberals are.

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Anonymous said...

questions aren't penetrating and don't get to the heart of the issueI got the same impression from Ruth Ginsberg.

cheese said...

The reason Obama appointed her is that she ruled in a lower court ruling that 'to own a gun' is not a 'Constitutional right'. That case is now going before the Supreme Court of the United States and she now gets to 'help' make the decision there.