Should Conservatives Oppose Sotomayor’s Nomination if We’re Likely to Lose? Ask Obama

Just to let you know, wardogs, The Volokh Conspiracy considers that thesis stuff “highly dubious”.

There is no reason to believe this is true. The purported source is “American News Inc.” The link to this alleged news source is dead. In a quick Internet search, I found no such organization.

Further, the text of the article is self-refuting. An undergraduate at an Ivy League school, including Princeton, would write only one thesis. (Perhaps two if she were an exceptionally hard-working double major.) It would be unheard of for a student to write more than three, as the article claims she did. Nor would anyone who actually knew what a Princeton thesis was describe it as a “legal” thesis.

Moreover, Sotomayor was intelligent enough to graduate from Yale Law School Princeton Summa Cum Laude. It is inconceivable that someone of such intelligence (or even of modest intelligence) could have written a thesis asserting that the Second Amendment actually outlawed gun ownership outside of the militia.

Updated update: Commenters explain that Princeton students write two junior papers and one senior paper; only the latter is called a “thesis.” Other commenters point out that her senior thesis was about the Puerto Rican politician Luis Munoz Marin. The blog which created this item has a small tag on the article which says “satire.” Although all of the commenters on that blog seem to have taken the article seriously, as has every other cite to it on the web. People who want to read satire on the web would be better off with Iowahawk, which can be recognized as satire because it is sometimes funny.

Looks like someone’s taking everyone for a ride. Too bad when there are ample cases that are verifiable and on record for dissent.

Also, I spent quite a bit of time trying to find a 2002 Sotomayor case about battlefield rights for terrorists… as that struck me as a story that would have made the news big if it happened. I don’t believe it did, and there is nothing on record on such a major decision by a judge.

Lastly, the only real brush with the RKBA had to do with nunchucka and a NY attorney who claimed his rights had been violated in Maloney v. Cuomo. She was part of a panel that issued a per curiam opinion affirming a district court’s rejection of the claim, saying the the Second Amendment does not apply to the states.

Sonia Sotomayr is unqualified for a position on the Supreme Court.
She will violate the oath of office if she is sworn in.
She was nominated by President Obama, who routinely violates the oath of office which he made.
President Obama is not a believer in the rule of law. In his view the law applies only to others; he is exempted from the law. He promised that no lobbyists would serve in his Administration. That was false. He has rigged the automobile settlements to favor (grossly) his friends in the UAW. He promised that he would sign no earmarks into law. That has not happened. He has done his best to alienate our traditional allies. He has done his best to befriend our traditional enemies. So our allies are not there for us anymore, and our enemies see weakness which they can take advantage of (see North Korea).
When I was young I was taught that Justice was blind, having regard only for the law and having no regard for the status of plaintiff or defendant.
When I was young I was taught that the Federal role in controlling the currency was to maintain a sound dollar.
Both of these teachings have been superseded.
Money is to be printed as required, without consideration of the assets to back such printing. Justice is to be dispensed by empathy and not by law, making all contracts void.

@MataHarley:

Hmmm, verrrry iterrrresting. Disinformation to demoralize, like Tokyo Rose. “Give up, G.I. Resistance is futile. You cannot win, so why perpetuate the useless slaughter. Give up. Give up.”

They are REALLY ticking me off!

Mata, thank you for that information. As you said, after researching it more thoroughly I can’t find independent corroboration either. She seems to have (like Obama) left a minimal paper trail even in decisions she was directly involved in.

Even so, it’s an avenue worth exploring. The Second Amendment Foundation has called her nomination “a slap at gun rights and the Second Amendment” in a Forbes article from yesterday. They cite the case of Maloney v. Cuomo as well and she had to do something that appellate courts rarely do which was to ignore a recent Supreme Court ruling. SAF asks:

“…While Democrats in Congress have been making great strides in the gun rights arena, refusing to consider a renewal of the Clinton gun ban, and offering overwhelming bipartisan support for legislation allowing citizens to carry firearms in national parks, President Obama just demonstrated that he prefers judges who oppose Second Amendment rights,” said SAF founder Alan M. Gottlieb.

Incorporation may be taken up by the high court during its next session beginning in October, because attorneys in the Maloney case plan to appeal in late June.

“If the Maloney appeal is accepted by the Supreme Court,” Gottlieb wondered, “would Justice Sotomayor – provided she is confirmed – recuse herself from deliberations?”

Judge Sotomayor has written an opinion that declined to order the release of certain information under the Freedom of Information Act. In one case, according to SCOTUSblog, she wrote that the “unwarranted invasion of privacy” for individuals whose names would be released under an FOIA request outweighed the public interest.

“Would a Justice Sotomayor be just as protective of the privacy rights of concealed carry permit holders if a newspaper wanted to publish that information?” Gottlieb asked. “We hope that during Senate confirmation hearings, someone asks about her positions on incorporation and the privacy rights of gun owners. The Second Amendment needs to be expanded, not eviscerated…”
http://www.forbes.com/feeds/businesswire/2009/05/26/businesswire124996906.html

She also seems to have an unusually high reversal rate on her decisions:

Cases Reviewed by the Supreme Court
http://www.cnn.com/2009/POLITICS/05/26/sotomayor.resume/?iref=hpmostpop

• Ricci v. DeStefano 530 F.3d 87 (2008) — decision pending as of 5/26/2009

• Riverkeeper, Inc. vs. EPA, 475 F.3d 83 (2007) — reversed 6-3 (Dissenting: Stevens, Souter, Ginsburg)

• Knight vs. Commissioner, 467 F.3d 149 (2006) — upheld, but reasoning was unanimously faulted

• Dabit vs. Merrill Lynch, 395 F.3d 25 (2005) — reversed 8-0

• Empire Healthchoice Assurance, Inc. vs. McVeigh, 396 F.3d 136 (2005) — reversed 5-4 (Dissenting: Breyer, Kennedy, Souter, Alito)

• Malesko v. Correctional Services Corp., 299 F.3d 374 (2000) — reversed 5-4 (Dissenting: Stevens, Souter, Ginsburg, Breyer)

• Tasini vs. New York Times, et al, 972 F. Supp. 804 (1997) — reversed 7-2 (Dissenting: Stevens, Breyer)

I couldn’t find anything concrete on a reversal of any decision about detainee’s rights either. However, Glenn Sulmasy, of the Coast Guard Academy’s law faculty, suggests some national-security questions for Judge Sotomayor’s confirmation hearing that I believe should definitely be posed, one of which is the question of the status of detainees and their rights:

5 questions for Supreme Court candidates
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2009/05/25/EDQ517OUM0.DTL

wardogs

@Bryan:

I think Republicans do have some real racial issues (look at their leader, Rush Limbaugh, the head racist)

Oh goody!

A Wednesday afternoon attack on Rush Limbaugh.

Examples to support your accusation please Bryan.

Examples please.

really need to avoid this sensitive topic if they want any chance of winning our (Hispanics’) votes again.

Given his history for appointing Hispanic individuals to Cabinet level positions, and his history of nominating Hispanic jurists to the courts can you tell me, in 50 words or less, what you think of President George W Bush.

In addition, I would also like to know in which election(s) did you vote for President GW Bush?

Exit questions:

Which political party actively and vigorously opposed the passage of civil rights legislation?

Which political party featured the KKK at their convention?

Which political party has a Senator currently serving who was a Grand Kleagle in the KKK?

@Bryan:

Why are you ignoring the questions Bryan?

They’ll only get tougher from here.

Bonus Question:

Who has expressed an opposition to Sotomayor based on her Hispanic heritage?

Bucko Bryan: I’m not saying it’s racist to question her beliefs, but I do think the GOP is approaching it the wrong way if it says a white male is more qualified.

Kindly point out where anyone has said a white male is more qualified.

As to the rest, you give a great example of what a racist and bigot, as well as liar, looks like. And how nice he proclaims himself the spokesperson for all Hispanics…. ahem.

Well delusions of grandeur and belief in self as the chosen one are all new requirements for POTUS, I guess. Perhaps Bryan has himself a great future in his party of class and race divisionists.

As for ignoring your advice at our “own peril”… LOL… OMG, another know it all progressive liberal with “advice” on how to save the GOP (like that’s what they want)…. I think it’s much better stated that we shall just ignore YOU.

Bryan #7: I’m not saying it’s racist to question her beliefs, but I do think the GOP is approaching it the wrong way if it says a white male is more qualified.

Aqua #9: Sonia Sotomayor said this: “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.”

Now, who is racist?

Bryan #11: Fine, ignore my advice at your own peril.

Mata #16: Kindly point out where anyone [GOP] has said a white male is more qualified.

Bryan #17: Fine, keep dodging the issue.

For GOP’s sake, it should stay out of the racism business. It does not help their bottom line, which is getting elected in areas that are not the Deep South

Typical child of Alinsky you are, Bryan.

You accuse the GOP of saying a white male is more qualified. Aqua points out the only one who has stated superior qualifications based on gender and race is Sotomayor herself… NOT THE GOP.

I ask you to point out any GOPer who has stated a white male is more qualified. No response.

Just who, pray tell, is “dodging the issue” and is actually engaging in the “racism business”? Your side of the fence.

You can talk all day long until your blue in the face, but it won’t change the facts that it is you and Sotomayor who have proved themselves inept bigots.

I suggest you continue on this racist approach at your peril.

Bozo

Wow!
Why don’t the conservatives keep pushing thier own message, and answer all attacks with conservative priciples?

When all peoples see and hear the message they will come.

The statists arguements are empty.

Wise citizens know our history and can thank the founders.

READ THE BOOK: LIBERTY AND TYRANNY!! Mark Levin
It’s a damm good start

Semper Fi

Hmmm..