Sotomayor Day 3
A dispatch from TIME's Sophia Yan who sat in for us at today's hearings:
Judge Sonia Sotomayor relaxed a bit in the hot seat in her third day of confirmation hearings to the Supreme Court.
Nearly every member of the Senate Judiciary Committee, Republican and Democrat alike, today pressed her on abortion; predictably the appellate judge declined to offer her personal views. Senator Tom Coburn, an Oklahoma Republican, persistently lobbed one hypothetical situation after another – “Let's say I'm 38 weeks pregnant,” he said, which drew a couple guffaws from those in the room – but Sotomayor repeatedly offered the same response, “I can't answer, because…[it's] in the abstract.” Even when Senator Al Franken, a Minnesota Democrat, goaded her, almost coaching her to speak certain words, she was careful to pad her answers. Rather than stating an opinion, her fallback was often to cite what's already been stated: “The court has said…repeatedly, that there is a right to privacy that women have with respect to the termination of their pregnancy in certain situations.” She refused to acknowledge exactly what situations those would be: she knows well that giving such bites will invite Republicans to trip her up later. The way facts are presented to a judge on a bench, she said, are very different than the way issues can be academically debated.
Sotomayor continued to hold steadfast when asked about her previously stated opinion that “the right to possess a gun is clearly not a fundamental right.” Coburn press hard in his questioning, asking her if there is a constitutional right to self-defense.
Senator Ted Kaufman, Biden's replacement from Delaware, didn't offer fireworks the way Franken would later, but Kaufman's questions gave Sotomayor an excellent opportunity to discuss the advantages she'll bring to the bench given her previous experience. Franken, as the last senator to close out the first round, lightened the mood with a more jovial tone. “You have been nominated to be justice of the Supreme Court. I think that's pretty cool,” said the former late night comedian, stating the obvious.
Franken also brought a new fish to play with in the bowl (we're all starting to envy that fact that some fishes have five second memories). According to Franken, the Internet plays “a central role in our democracy by allowing anyone with a computer to publish their ideas, their thoughts, their opinions, and reach an audience of millions.” And he's right – cyberspace offers up a soapbox to anyone with a keyboard and an opinion. So with such wide reaching influence, Franken pushed Sotomayor for her thoughts on Internet regulation.
The second round of query opened with Alabama Senator Jeff Sessions, the panel's top Republican, echoing his G.O.P. colleague Texas Senator John Cornyn's remarks from the morning (again, fish: bowl). Circling back to empathy and Sotomayor's “wise Latina” comment – which she has made quite clear has been taken out of context – Sessions added another coat of green algae on the glass that is starting to obscure our view of the outside in a way that worries us. Once and future Democrat Arlen Specter called out his former Republican colleagues for making “a mountain out of a molehill.”
Utah's Orrin Hatch highlighted specific quotes from Sotomayor's past speeches, trying yet again to parse out if personal bias factors in to her decisions. The day rounded out with Senator Charles Grassley, an Iowa Republican, proudly heralding a new topic that “no one, not one Senator on this panel has yet asked about”: marriage laws. He asked Sotomayor for her thoughts on the Defense of Marriage Act, to which the judge respectfully declined to answer, saying she would not comment on pending or impending cases.
Tomorrow morning, the second round of questioning will resume, and in the afternoon, we'll hear from witnesses from Sotomayor's past cases. Please, Senate staff, come and change the water overnight.
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1
“You have been nominated to be justice of the Supreme Court. I think that's pretty cool,” said the former late night comedian, stating the obvious.
You know I would be helpful if you asked your fellow reporter to add some context. There was a lot that more led up to the above comment from Franken. So in fact he wasn't stating the obvious. You guys kill me with these lazy phone it in writing.
Oh wait. You beltway types don't idolize Franken. Yet. My bad.
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2
Not that Time Magazine would cover this issue, but Sotomayor hasn't exactly been candid with her responses.
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http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/Republicans-dont-believe-Sotomayors-stories-50839327.html -
3
Republicans don't believe Stomayor's stories by Byron York. Like Byron would write an objective opinion article.
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4
Here's a Sotomayor quote:
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The Constitution is a document that is immutable to the sense that it's lasted 200 years. The Constitution has not changed except by amendments. It is a process -- an amendment process that is set forth in the document. It doesn't live other than to be timeless by the expression of what it said. What changes is society. What changes is what facts a judge may get.
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First of all, the quote is, ummmmmm, lacking a certain confidence. This is pretty tortured language. The Constitution is immutable in the sense that it's lasted 200 years--ok. It doesn't live other than to be timeless by the expression of what it said--uhhhhh, whatever.
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Second of all, does anyone really believe that this is how she thinks?
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Third of all, in reality the law has changed. (And if all she meant to say was that the language hasn't changed, well, that ascribes to her a triteness that she could not possibly have met.) -
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gunny, come on. Even libs are complaining that she hasn't been exactly truthful. And no one is defending her comment that her "wise Latina" statement was consisitent with what O'Connor is purported to have said.
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5.1
What the hey the Marines are on the case so I'll bite. Care to link to these supposed libs who are up in arms there Spob?
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5.2
Go F yerself in both o' yer a$$holes!
YARR!
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5.3
Still waiting for those links there Spob. I have the day off, I can be patient.
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Spob-why don't you follow the process. The process is, Judge Sotmayor will be confirmed to the Court. You might not like that, but that is pretty much the way it is. The repubs won't stop her because the cost is too high.
So your critique of her responses (and it seems to be only one you seem to focus on after 3 days of hearings just like you focused on one of her opinions earlier) means, pretty much nothing.
I know you seriously wanted to portray her as stupid and unqualified, because your Pat Buchanan mentality is showing, but the truth of the matter is she is neither.
Try reading more than Redstate, Malkin and York. Your act is getting pretty old.
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7
With all this talk about race and federal court nominees, I'm shocked that no one here (or anywhere) has brought up Miguel Estrada by now.
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7.1
It may be early in the process yet Apo. They only have mentioned Ricci a couple of times, but I'm certain Estrada's criticism of the Second Circuit will be coming forward here in due time.
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7.2
Ye be kiddin' 'bout Estrada, ri'? I seem t' be rememberin' several occasions yesterday when 'is name was brought up.
arrgh.
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8
"gunny, come on. Even libs are complaining that she hasn't been exactly truthful."
Spob-Have you ever heard of don't ask don't tell? WTF is that? My point is, no one selected for the supreme court can be honest. We Americans can't be honest with ourselves or would never stand for such a farce of a policy within our federal government. You know full well the other party either left or right will destroy them for honesty. That's why you had Lindsey Graham who supported a candidate for president with a hot temper telling Sotomayor she has a hot temper with a straight friggin face.
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9
And it begins again...
Bill Murray, Groundhog Day, anyone?
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9.1
Every day is the first day of Spob 101 at Swampland!
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10
Normally I'd be right there with the criticism JC-san, but one thing being interested in a Marine has taught me is when their sights are set on something get the Hades out of the way!
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10.1
yutsano -
Jest t' be clear, th' go F yerself were meant fer spongy, not fer ye, me hearty
. Arrgh.
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10.2
Okay, experiment seems to be a success, you CAN reply to yourself!
Whenever that term comes out of your fingers PW I kinda figure it's aimed for the bilge rat over there. Could you imagine if he lived up here? We'd have to give him a serious talking to!
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10.3
It'd be a good sight more than just a serious talkin' to...spongy be beyond tha'!
Tar, feathers, cement boots, a dip in th' slop pot, an' a nice short roll off th' plank be more wha' I'd be havin' in mind fer th' gonorrhea-brained troglodyte!
YARR!
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11
Ok, gunny, I get it--it's a done deal, so no complaint? Is that what you're arguing?
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As for your Pat Buchanan charge, honest commenters will see it for what it is. I am quoting her testimony, get it? The quote I just gave looks pretty bad.
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Here's the link: Note the quote of Seidman.
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http://blogs.abcnews.com/legalities/2009/07/liberals-lash-out-against-sotomayor-testimony.html -
12
Lindsey Graham mentioned Estrada on July 13, 2009 and he lied about Estrada for no apparent reason.
Graham:
No Republican would have chosen you, Judge; that's just the way it is. We would have picked Miguel Estrada. We would all have voted for him. And I don't think anybody on that side would have voted for Judge Estrada, who is a Honduran immigrant, who came to this country as a teenager, graduated from Columbia magna cum laude, Harvard, 1986, magna cum laude and Law Review editor, a stellar background like yours, and that's just the way it was.
He never had a chance to have this hearing. He was nominated by President Bush to the D.C. Circuit Court of Appeals, which I think most people agree is probably the second highest court in the land, and he never had this day.
Never had his day?
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http://feinstein.senate.gov/03Releases/r-estrada.htm-
12.1
Nowwww gunny,
It be no' playin' fair t' actual be consultin' th' FACTS!
An' besides, now tha' none o' th' members o' our fine journalistic profession were lettin' it go - givin' 'em a pass, can ye be imaginin' tha - it be squarely planted in th' wee minds o' th' wingnuts an' nothin' be able t' be dislodgin' it!
Arrgh!
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13
"My point is, no one selected for the supreme court can be honest."
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Hmmmmmmmmm, so it's your view that judges should be dishonest under oath?
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Ok, gotcha. -
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It really is amazing. I quote the nominee, and get called names in here. Guys, you obviously want an echo chamber, not a debate.
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14.1
Spob, if we REALLY wanted an echo chamber, we'd work to get you banned from the Swamp. As it is, we just want a little intellectual honesty from the other side. What we get is Joe the Plumber and Sarah Palin.
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15
Wait...that's it? One liberal judge who was opposed to her from the start? THAT'S your definition of libs? One is not a plural noun last time I checked. Try again.
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Hey PW, you gotta go easy on Graham. Him and McCain are the reason that the 4th Circuit is going to go from very conservative to mildly liberal in the next cpl of years.
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Estrada got hosed. -
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ok yutsano:
http://voices.washingtonpost.com/postpartisan/2009/07/sotomayors_unconvincing_backpe.html?hpid=opinionsbox1
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Seidman isn't a judge, either.-
17.1
Forget it. I'm going with JC-san. Let Spob say whatever he wants, I'll just skip on by like I do Rusty.
PW are there rum drinks on deck tonight?
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18
and what have I posted in this thread that's dishonest?
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And aren't you guys violating the "no dealing with spob" rule?? -
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Spob-thanks for the link. However, I am not saying you can not complain. "Sotomayer" is not someone you would have picked. I get that. No problem. But your argument against her (in my opinion) has to focus on more than you have based it on so far.
In the end though the process is the process. Once the media and the pols start talking its a done deal. Its a done deal, no matter what you and I think.
The reason why I bought up Buchanan is because the way you have argued against Sotomayer is the same way Pat has. Paint her as a stupid far left liberal, That may not be your intention but, it is the way you come across to me. And Sotomayer is not stupid and she is not a far left liberal in her judging. Her record does not reflect that. I kinda of wish she was, but the realty is that she will more than likely vote more the way you like once she is on the Court. But than again I can always hope.
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20
gysgt, don't worry, Sotomayor will be a reliable liberal vote. She may side with the conservatives on a few criminal law issues, but she will be voting with Ginsburg, Breyer and Stevens on the lib stuff. That you can count on.
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How do I know this? Well, her voting patterns are to the left of an average Dem judge. (That's in WaPo.) Second, I look at her prisoner voting decision, and that screams Stephen Reinhardt/Richard Paez/Marcia Berzon liberal. I look at her Clean Water Act nonsense, and that's liberal too. Guys, she's liberal, and she will give rein to her liberal tendencies on the court.
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As for "stupid", that's a relative word. Is she "stupid" when compared to the average person, no. Is she "stupid" when compared to Dick Durbin, no. Is she anywhere close to the intellectual talent of Alito, Roberts, Breyer or Ginsburg, no. She's just not that bright. Look at the stuff I've quoted--it's just laughable. Then there are the numerous malapropisms, the tortured explanations etc. etc. They don't evidence a rocket scientist.
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As for focusing on more? What more do you want? Ive commented on her record as a judge, her comments and her testimony. -
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"Hmmmmmmmmm, so it's your view that judges should be dishonest under oath?"
No Spob. That is you seeing things the way only a Spob can. But that's okay too. I'm still glad you came aboard here to offer your perspective. Because it is important. Despite the fact that you might feel under attack 24/7.
Besides you win every thread anyway.
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21.1
That's really what it's all about to him Gunny. He has to WIN. He has to be RIGHT. And he will always be right regardless of any evidence to the contrary. It's all just a game and he will always come out on top because he's the arbiter of victory.
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22
yutsano 0
Ye be knowin' it be Ohana Race Week 'ere on th' lovely Isle o' Whidbey (Oak Harbor), ri'? Thar be rum flowin' like water ev'ry night after th' boats be comin' back in t' th' harbor!
Unfortunate, pirate tha' I be, I were refusin' t' join th' "yacht club" so I be not eligible t' partake on their lovely grounds. I'll be contentin' meself wi' me own stash an' stealin' a listen t' th' musical entertainment waftin' up th' hill - I be b'lievin' it' be reggae night t'nite!
T'morrow be an open party...a fine opportunity fer sashayin' out wi' th' cap'n an' indulgin' in a bit o' wenchin'!
Arrgh!
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22.1
Reggae music, the sun setting over the Olympics, rum flowing like water from the barrels, and wenching until the sun comes up again. Man why does my Dawg have to be stuck on the other side of the country?
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22.2
I'll be there!
I need more fortitude, anyway, Pirate Wench.
Spob is a bit thick these days... -
22.3
I've got Bacardi 151. Full bottle. I'm not feeling fine - yet...
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23
"My point is, no one selected for the supreme court can be honest."
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Then what, gunny, does that mean? -
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No yutsano. The whole "clowned you" thing isn't about me winning--it's a response to you bozos calling me every name in the book. You call me stupid, and I point out that I kick your teeth in (rhetorically, of course).
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I am not a sophist. I don't argue to win a debater's point; I argue what i feel is right. I don't say a thing on here that I don't believe in order to score points. -
25
I don't say a thing on here that I don't believe in order to score points.
To quote Yoda: "That is why you fail."
- jnsmall Durbin to reporters: Lincoln told Reid how she'll vote. Durbin press release an hour later: I misspoke, Lincoln is still considering. Oops. - 21 hours ago
- jnsmall Ben Nelson announces he will vote on motion to proceed to debate on health care tomorrow. - 21 hours ago
- jnsmall Took the wrong coat from the Senate gallery and got all the way through Dirksen b4 I realized my mistake. Today's 1 of those days (sigh) - 21 hours ago
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