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Thread: Obama to pick Sotomayer for Supreme Court

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Scarecrow Akhbar View Post
    That's called "argument from authority".

    Guess what? It doesn't support anyone's claim, it means that the four judges were wrong.

    The assumption that a test with a disparate racial impact is racially biased and should thus be discarded is illogical and should not be accepted as law by any court. That's not "judicial activism", that's the courts telling the legislators they 're not making any sense.
    So it's only judicial activism when you disagree with a ruling. It's ok when you agree. I see, and am not surprised you would think that way.

    Note, I firmly believe that if she had thrown out a law saying "legislators are not making any sense here", you would be screaming about judicial activism.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Redress View Post
    Please prove that claim with quotes from the ruling. Note that I quoted several parts from the ruling,
    To the contrary, because the Board, in refusing to validate the exams, was simply trying to fulfill its obligations under Title VII when confronted with test results that had a disproportionate racial impact, its actions were protected.
    Which is based on this:

    246. Thus, it is necessarily
    undisputed that, had minority firefighters challenged the results
    of the examinations, the City would have been in a position of
    defending tests that, under applicable Guidelines, presumptively
    had a disparate racial impact.

    "presumptively". This is "law"? A presumption of guilt is encoded into law and the courts accept it as a basis for denying people's claims of reverse discrimination?

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Scarecrow Akhbar View Post
    Well, it was her character that prompted her to say that a female hispanic judge will judge better than a white male judge. So her character is inherently racist and chauvinist.

    Yet she was nominated anyway.

    What's that say for the character than nominated her?
    My recollection is that she said a "female hispanic judge " would judge "from a diferent perspective" I did not hear that she said "better". It's the same as saying that an old White guys from the deep South will judge from a diferent perspective than a "female hispanic judge " or a black judge from the North.
    I do not recall the Viet Cong asking me if I was a natural born or Naturalized American before they shot at me, they just shot at all of us f107HyperSabr

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Redress View Post
    So it's only judicial activism when you disagree with a ruling.
    No, it's judicial activism when it creates new law from the bench.

    It's what courts are supposed to do when the law violates established legal principles or the Constitution. When an agency writes about "presumptive" racial discrimination in it's code, it's violating the basic tenet of Assumed Innocence, and hence the code is flawed. The legislators and regulators have to re-write the code.

    Quote Originally Posted by Redress View Post
    Note, I firmly believe that if she had thrown out a law saying "legislators are not making any sense here", you would be screaming about judicial activism.
    No. It's the courts job to interpret the law. When law makes no sense, it can't, by definition, be interpreted and it must be rejected.

    That too complicated for you, the assumption that laws are supposed to make sense, but you have no issues with laws that assume guilt?

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by F107HyperSabr View Post
    My recollection is that she said a "female hispanic judge " would judge "from a diferent perspective" I did not hear that she said "better". It's the same as saying that an old White guys from the deep South will judge from a diferent perspective than a "female hispanic judge " or a black judge from the North.
    Right. Of course. We all know that female hispanic judges can't be racist even though we all know all white southerner judges are.

  6. #356
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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by F107HyperSabr View Post
    My recollection is that she said a "female hispanic judge " would judge "from a diferent perspective" I did not hear that she said "better". It's the same as saying that an old White guys from the deep South will judge from a diferent perspective than a "female hispanic judge " or a black judge from the North.
    Sotomayer's experience exceeds that of any other justice currently sitting on the court. Her competence has been established. Your remarks about "female hispanic judge" are racist without excuse.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by WillRockwell View Post
    Sotomayer's experience exceeds that of any other justice currently sitting on the court. Her competence has been established. Your remarks about "female hispanic judge" are racist without excuse.
    Her arrogance and inability to move past her race is her biggest failing, she should in no way be allowed to serve on the Supreme Court:

    In a speech published in the Berkeley La Raza Law Journal in 2002, Judge Sotomayor offered her own interpretation of this jurisprudence. "Justice [Sandra Day] O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases," she declared. "I am . . . not so sure that I agree with the statement. First, . . . there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."
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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Scarecrow Akhbar View Post

    "presumptively". This is "law"? A presumption of guilt is encoded into law and the courts accept it as a basis for denying people's claims of reverse discrimination?
    You are not understanding what you are quoting. The part being referred to here is the plaintiffs filing under Title VII. The city was in a catch-22, because if they did not throw out the results, then also under Title VII, blacks or hispanics could have sued the city.
    Last edited by Redress; 05-27-09 at 07:31 PM.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Redress View Post
    You are not understanding what you are quoting. The part being referred to here is the plaintiffs filing under Code VII. The city was in a catch-22, because if they did not throw out the results, then also under Code VII, blacks or hispanics could have sued the city.
    I haven't been able to find the text of any Code VII law. Whose law is it, the citites? The firefighters ?

    I want to read the text of the law.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by talloulou View Post
    I haven't been able to find the text of any Code VII law. Whose law is it, the citites? The firefighters ?

    I want to read the text of the law.

    it's Title VII, just changed the post you read, give me a sec on text link, will try and find it.

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