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	<title>Comments on: Judging judges: the wise latina, the white man, and justice</title>
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	<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/</link>
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		<title>By: The perils of post-modern mumbo-jumbo writ large &#171; Please, No Bull Hockey</title>
		<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-114594</link>
		<dc:creator>The perils of post-modern mumbo-jumbo writ large &#171; Please, No Bull Hockey</dc:creator>
		<pubDate>Wed, 01 Jul 2009 14:57:12 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-114594</guid>
		<description>[...] power—and the Constitution—by appointing nominees who share their misguided attitudes about the importance of judicial &#8220;empathy&#8221;, I have to call them on [...]</description>
		<content:encoded><![CDATA[<p>[...] power—and the Constitution—by appointing nominees who share their misguided attitudes about the importance of judicial &#8220;empathy&#8221;, I have to call them on [...]</p>
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		<title>By: Oblio</title>
		<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110831</link>
		<dc:creator>Oblio</dc:creator>
		<pubDate>Sat, 30 May 2009 20:14:47 +0000</pubDate>
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		<description>The White House is being disingenuous.  What do they think is wrong with what she said?</description>
		<content:encoded><![CDATA[<p>The White House is being disingenuous.  What do they think is wrong with what she said?</p>
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		<title>By: nyomythus</title>
		<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110802</link>
		<dc:creator>nyomythus</dc:creator>
		<pubDate>Sat, 30 May 2009 15:02:21 +0000</pubDate>
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		<description>I&#039;m glad the White House has made some acknowledgment of the &quot;Latino Woman Wiser Than White Man&quot; statement.</description>
		<content:encoded><![CDATA[<p>I&#8217;m glad the White House has made some acknowledgment of the &#8220;Latino Woman Wiser Than White Man&#8221; statement.</p>
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		<title>By: Occam's Beard</title>
		<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110722</link>
		<dc:creator>Occam's Beard</dc:creator>
		<pubDate>Fri, 29 May 2009 20:48:49 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110722</guid>
		<description>&lt;blockquote&gt;Alito says: &lt;/blockquote&gt;

&lt;blockquote&gt;And so it’s my job to apply the law. It’s not my job to change the law or to bend the law to achieve any result.
&lt;/blockquote&gt;

&lt;blockquote&gt;How nice. How PC. &lt;/blockquote&gt;

No. The term you’re groping for is “professional” (or perhaps, “intellectually sound”). Here’s the acid test. Implicitly you think Sotomayor will change the law to your liking. Suppose the next President is Patrick Buchanan, and he appoints Supreme Court Justices to change the law the way &lt;i&gt;he &lt;/i&gt;would like. No problem?

The point is that Justices changing the law (and in effect, enacting their own laws in many cases) are in effect arrogating to themselves a power the Constitution assigns to the Congress. It’s as inappropriate for the Supreme Court to change laws (as opposed to interpreting existing ones) as would be for Congress to legislate the outcome of judicial proceedings (e.g., pass bills of attainder). That’s the problem. I would oppose Buchanan’s nominee just as I oppose Obama’s, and for the same reason: the Supreme Court’s function is to &lt;i&gt;interpret &lt;/i&gt;the Constitution and the Congress’s intent with respect to any legislation, not substitute their own policy views for them.</description>
		<content:encoded><![CDATA[<blockquote><p>Alito says: </p></blockquote>
<blockquote><p>And so it’s my job to apply the law. It’s not my job to change the law or to bend the law to achieve any result.
</p></blockquote>
<blockquote><p>How nice. How PC. </p></blockquote>
<p>No. The term you’re groping for is “professional” (or perhaps, “intellectually sound”). Here’s the acid test. Implicitly you think Sotomayor will change the law to your liking. Suppose the next President is Patrick Buchanan, and he appoints Supreme Court Justices to change the law the way <i>he </i>would like. No problem?</p>
<p>The point is that Justices changing the law (and in effect, enacting their own laws in many cases) are in effect arrogating to themselves a power the Constitution assigns to the Congress. It’s as inappropriate for the Supreme Court to change laws (as opposed to interpreting existing ones) as would be for Congress to legislate the outcome of judicial proceedings (e.g., pass bills of attainder). That’s the problem. I would oppose Buchanan’s nominee just as I oppose Obama’s, and for the same reason: the Supreme Court’s function is to <i>interpret </i>the Constitution and the Congress’s intent with respect to any legislation, not substitute their own policy views for them.</p>
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		<title>By: Scottie</title>
		<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110712</link>
		<dc:creator>Scottie</dc:creator>
		<pubDate>Fri, 29 May 2009 18:10:59 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110712</guid>
		<description>I have to confess I&#039;m a little puzzled, even after catching myself repeating it, that her confirmation is a foregone conclusion.

Ya know, if there is enough of a $hitstorm about this woman, even the conservative democrats (and there are a few, they come from the South) may find the kitchen too hot for their comfort.

Perhaps the best course here is to give these conservative Democrats a way to oppose this woman with at least a fig leaf of cover regarding the overall leftist mentality at work in the Democrat party.

Raise a substantial issue, then let them use it themselves as cover to vote against her confirmation.

If they choose not to take the path offered them on a silver platter, then have them explain their vote in 2010.</description>
		<content:encoded><![CDATA[<p>I have to confess I&#8217;m a little puzzled, even after catching myself repeating it, that her confirmation is a foregone conclusion.</p>
<p>Ya know, if there is enough of a $hitstorm about this woman, even the conservative democrats (and there are a few, they come from the South) may find the kitchen too hot for their comfort.</p>
<p>Perhaps the best course here is to give these conservative Democrats a way to oppose this woman with at least a fig leaf of cover regarding the overall leftist mentality at work in the Democrat party.</p>
<p>Raise a substantial issue, then let them use it themselves as cover to vote against her confirmation.</p>
<p>If they choose not to take the path offered them on a silver platter, then have them explain their vote in 2010.</p>
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		<title>By: Baklava</title>
		<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110708</link>
		<dc:creator>Baklava</dc:creator>
		<pubDate>Fri, 29 May 2009 17:01:24 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110708</guid>
		<description>Logern mentioned the strip search case.

Logern, once when I was 21 in 1991 I had a hernia surgery at a Naval hospital. The doctor came in after the surgery and asked if it was ok if he brought in some trainees to look at me. I said ok as it seemed fine.

I felt violated as a 21 year old male as about 50 people come walking in including females.

Ginsburg has never been a 21 year old male in that situation.

I&#039;m not sure why it would matter that a person is a 13 year old girl or 13 year old boy. Either one will not want to submit to a strip search. It&#039;s humiliating and you are scared as &quot;authorities&quot; are making the request of you - you feel like you must comply.

Whatever the case - for Ginsburg to attach her coworkers that way makes her a lowlife.

For all of the issues involved in that case, Ginsburg owes an apology for the statements she made about her coworkers.

And if liberals want to play this &quot;I care&quot; card to it&#039;s finality they will lose. Liberals could care less in the individual. They care less about individual rights and freedoms and liberals care less about personal responsibility.

You want to go down the road - lets. 

&lt;strong&gt;I personally think the Sotomayor pick was a one that should be seated on the Supreme Court.&lt;/strong&gt;

She would serve as a reminder to people as to what happens when you pick an Obama. She would do more damage to future presidents being &quot;DEMOCRAT&quot; than if he had picked somebody who does apply the law.

She is only one of 9.

She can&#039;t unilaterally make preferential treatment the law of the land or apply law in such a way that people are stripped of their rights. She&#039;s only one. With Ginsburg.... but replacing Souter.</description>
		<content:encoded><![CDATA[<p>Logern mentioned the strip search case.</p>
<p>Logern, once when I was 21 in 1991 I had a hernia surgery at a Naval hospital. The doctor came in after the surgery and asked if it was ok if he brought in some trainees to look at me. I said ok as it seemed fine.</p>
<p>I felt violated as a 21 year old male as about 50 people come walking in including females.</p>
<p>Ginsburg has never been a 21 year old male in that situation.</p>
<p>I&#8217;m not sure why it would matter that a person is a 13 year old girl or 13 year old boy. Either one will not want to submit to a strip search. It&#8217;s humiliating and you are scared as &#8220;authorities&#8221; are making the request of you &#8211; you feel like you must comply.</p>
<p>Whatever the case &#8211; for Ginsburg to attach her coworkers that way makes her a lowlife.</p>
<p>For all of the issues involved in that case, Ginsburg owes an apology for the statements she made about her coworkers.</p>
<p>And if liberals want to play this &#8220;I care&#8221; card to it&#8217;s finality they will lose. Liberals could care less in the individual. They care less about individual rights and freedoms and liberals care less about personal responsibility.</p>
<p>You want to go down the road &#8211; lets. </p>
<p><strong>I personally think the Sotomayor pick was a one that should be seated on the Supreme Court.</strong></p>
<p>She would serve as a reminder to people as to what happens when you pick an Obama. She would do more damage to future presidents being &#8220;DEMOCRAT&#8221; than if he had picked somebody who does apply the law.</p>
<p>She is only one of 9.</p>
<p>She can&#8217;t unilaterally make preferential treatment the law of the land or apply law in such a way that people are stripped of their rights. She&#8217;s only one. With Ginsburg&#8230;. but replacing Souter.</p>
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		<title>By: Oblio</title>
		<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110707</link>
		<dc:creator>Oblio</dc:creator>
		<pubDate>Fri, 29 May 2009 16:24:30 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110707</guid>
		<description>sorry about formatting...I only meant to bold &lt;b&gt;as a matter of principle&lt;/b&gt;</description>
		<content:encoded><![CDATA[<p>sorry about formatting&#8230;I only meant to bold <b>as a matter of principle</b></p>
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		<title>By: Oblio</title>
		<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110706</link>
		<dc:creator>Oblio</dc:creator>
		<pubDate>Fri, 29 May 2009 16:23:15 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110706</guid>
		<description>I hear today that Lanny Davis is trying to say that Judge Sotomayor &quot;mispoke.&quot;  Pure spin.  We should demand that any retraction Sotomayor might make be accompanied by an explanation of why what she said was wrong and repugnant &lt;b&gt;as a matter of principle&lt;/b&gt;&lt;b&gt;.

Krauthammer, Gerson, and Noonan argue today that Sotomayor must be opposed in order to debate the principles involved and to educate the public.  It matters not at all that she will be confirmed.  

Nor does it matter that Democratic hacks and progressives will play the race card.  They have already starting doing so preemptively, which means they know their case is vulnerable.  It also means we have nothing to fear from arguing the merits and demonstrating that this is not a racial issue that should alienate Hispanic voters from the Republican Party.  If Hispanic voters as a whole hold group solidarity to be more important than impartiality and equal protection under the law, the Republicans will never get them anyway.  For my part, I believe that the idea Hispanic voters would do so is a racist assumption on the part of the Democrats, and that Hispanics are as capable as anyone else of deciding as individuals to support principles that promote the common good.&lt;/b&gt;</description>
		<content:encoded><![CDATA[<p>I hear today that Lanny Davis is trying to say that Judge Sotomayor &#8220;mispoke.&#8221;  Pure spin.  We should demand that any retraction Sotomayor might make be accompanied by an explanation of why what she said was wrong and repugnant <b>as a matter of principle</b><b>.</p>
<p>Krauthammer, Gerson, and Noonan argue today that Sotomayor must be opposed in order to debate the principles involved and to educate the public.  It matters not at all that she will be confirmed.  </p>
<p>Nor does it matter that Democratic hacks and progressives will play the race card.  They have already starting doing so preemptively, which means they know their case is vulnerable.  It also means we have nothing to fear from arguing the merits and demonstrating that this is not a racial issue that should alienate Hispanic voters from the Republican Party.  If Hispanic voters as a whole hold group solidarity to be more important than impartiality and equal protection under the law, the Republicans will never get them anyway.  For my part, I believe that the idea Hispanic voters would do so is a racist assumption on the part of the Democrats, and that Hispanics are as capable as anyone else of deciding as individuals to support principles that promote the common good.</b></p>
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		<title>By: Adagny</title>
		<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110701</link>
		<dc:creator>Adagny</dc:creator>
		<pubDate>Fri, 29 May 2009 13:17:19 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110701</guid>
		<description>Obama, speaking off the cuff without his teleprompter in L.A., revealed what this nomination is all about when he said, and I paraprhase, &quot;I can just imagine her walking up those marble steps, goin&#039; up there to get us some justice&quot;.

I believe this reveals the angry chip on his shoulder. He has chosen Sotomayor because she mirrors his disgust for America and it&#039;s institutions.</description>
		<content:encoded><![CDATA[<p>Obama, speaking off the cuff without his teleprompter in L.A., revealed what this nomination is all about when he said, and I paraprhase, &#8220;I can just imagine her walking up those marble steps, goin&#8217; up there to get us some justice&#8221;.</p>
<p>I believe this reveals the angry chip on his shoulder. He has chosen Sotomayor because she mirrors his disgust for America and it&#8217;s institutions.</p>
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		<title>By: Mrs Whatsit</title>
		<link>http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110700</link>
		<dc:creator>Mrs Whatsit</dc:creator>
		<pubDate>Fri, 29 May 2009 13:13:02 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/2009/05/27/judging-judges-the-wise-latina-the-white-man-and-justice/#comment-110700</guid>
		<description>How - how on earth - can you take those words of hers as anything other than evidence of her poor judgment and heedlessness where her own gender and ethnicity are concerned?

Jamie, Promethea provided a succinct and accurate explanation upthread.</description>
		<content:encoded><![CDATA[<p>How &#8211; how on earth &#8211; can you take those words of hers as anything other than evidence of her poor judgment and heedlessness where her own gender and ethnicity are concerned?</p>
<p>Jamie, Promethea provided a succinct and accurate explanation upthread.</p>
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