Sotomayor pledges impartial justice if confirmed

Sotomayor pledges impartial justice if confirmed

Win McNamee/AP

Celina Sotomayor, mother of Supreme Court nominee Sonia Sotomayor (left) watches as Senate Judiciary Committee Chairman Sen. Patrick Leahy, D-Vt., administers the oath to the nominee. 

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WASHINGTON — Her confirmation all but assured, Sonia Sotomayor pledged Monday to serve the “larger interest of impartial justice” rather than any narrower cause if she becomes the first Hispanic on the U.S. Supreme Court.

“My personal and professional experiences help me to listen and understand, with the law always commanding the result in every case,“ Sotomayor told senators at a televised confirmation hearing.

The remarks about judicial philosophy were her first since President Barack Obama nominated the veteran of 17 years on the federal bench. They appeared aimed at Republicans who have questioned her commitment to impartiality in light of a 2001 remark that experience as a “wise Latina” might give her an advantage over white males.

The 55-year-old appeals court judge spoke after several hours of speechmaking in which Democrats on the Senate Judiciary Committee praised her as a Hispanic pioneer well qualified for the high court and Republicans questioned her impartiality as well as Obama’s views in nominating her, his first pick for the high court.

Despite Republican misgivings, Sen. Lindsey Graham told Sotomayor, “Unless you have a complete meltdown, you’re going to get confirmed.“

“And I don’t think you will” have a meltdown, he added quickly as Sotomayor sat listening, her face in a half-smile.

Soitomayor has no serious roadblock to become the third woman to serve on the high court. Democrats control the Judiciary panel by a 12 to 7 margin over Republicans and have the necessary floor votes to elevate Sotomayor.

In the nearly seven weeks since Obama nominated her to replace Justice David Souter, critics have labored without much success to exploit weaknesses in her record. But Republicans have had to temper their remarks to avoid offending Hispanic voters, the fastest-growing segment of the electorate.

If confirmed, Sotomayor is unlikely to change the court’s ideological makeup since she would replace Souter, part of the court’s liberal wing. Under former President George W. Bush, the court has tended to be more conservative in its rulings in recent years.

In her remarks, Sotomayor said, “The progression of my life has been uniquely American,“ that of a child of Puerto Rican parents who moved to New York during World War II. “I want to make one special note of thanks to my mom,“ she said. “I am here today because of her aspirations and sacrifices for my brother Juan and me.“

“Mom, I love that we are sharing this together,“ said Sotomayor, whose father died when she was 9. She turned as she spoke, whispering a thank-you to her mother, seated one row behind her in the packed hearing room.

Sotomayor, who spoke for only about five minutes, returns on Tuesday to begin hours of questioning from committee members who will cast the first votes on her appointment.

The role of racial politics in the day’s proceedings became clear within minutes after Sen. Patrick Leahy, the committee chairman, rapped the opening gavel.

“She’s been a judge for all Americans. She’ll be a justice for all Americans,“ said the Democrat.

“Let no one demean this extraordinary woman,“ Leahy said in a warning to committee Republicans to tread lightly in the days ahead.

Sen. Jeff Sessions, the top Republican, vowed a “respectful tone” and “maybe some disagreements” when lawmakers begin questioning Sotomayor on Tuesday.

Moments later, he took aim at Sotomayor’s 2001 statement that her standing as a “wise Latina woman” would sometimes allow her to reach a better decision than a white male.

“I will not vote for, and no senator should vote for an individual nominated by any president who believes it is acceptable for a judge to allow their own personal background, gender, prejudices or sympathies to sway their decision,“ he said.

“Call it empathy, call it prejudice or call it sympathy, but whatever it is, it’s not law,“ Sessions said. “In truth, it’s more akin to politics, and politics has no place in the courtroom.“

That was a reference to Obama’s declaration — made before he named Sotomayor — that he wanted a person of empathy on the high court.

Sen. Sheldon Whitehouse, a Democrat, made a spirited rebuttal later. “The empathy that President Obama saw in you has a constitutionally proper place” in the judiciary,“ he said.

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Flag Comment Posted by Randy on July 15, 2009 at 9:06 pm

Studebaker - Excellent quotes from the Wizard of Oz. Hey, how about posting the great conversation between Jack Nicholson and the Waitress in the movie, “The Five Easy Pieces” as an illustration of how hard it is to get the government to perform simple tasks that require any degree of flexibility?

Flag Comment Posted by hlaford on July 15, 2009 at 9:05 pm

Studebaker:
Thanks, I have Albion’s Seed here somewhere. It is a very good book.  I collect books on England, preferably Medieval.  But this thread has really gotten away from Sotomayor.  I heard that one of her questioners today, a Republican,  asked her to ‘splain something.  (going back to Ricky Ricardo’s time.)  They said that the committee members, audience, and Sotomayor got a chuckle out of it.  I don’t think he would have said “axed” to a black nominee.  Although “axe” as in ask was a proper old English word.  Though not spelled like that.

Flag Comment Posted by studebaker on July 15, 2009 at 8:53 pm

Hlaford: I am well aware of the plight of white indentured servants, who sometimes were manipulated into further debt to landowners and forced into revolving periods of indentured servitude. Some land owners would get female servants pregnant and charge them for maternity and child rearing time. Many female indentured servants were not “free” until years after menopause.  When indentured were finally “freed”, being landless they were often compelled to stake claims in the western frontier where they would serve as a buffer against [justifiably] hostile Indians protecting rich land speculators and planters to the east.

I am also familiar with black slave owners in the U.S.

Unfortunately, the same parasitic powers that grew fat on the labor of slaves, indentured & so many others are alive, well, and working mischief today. They play the same old games: “let’s you & him fight” and “pay no attention to the man behind the curtain.” Americans are (as you point out) too lazy and perhaps a bit afraid to pull down the curtain:

“Orders are nobody can see the Great Oz! Not nobody, not nohow!”                    —Guardian of the Emerald City Gates

“Do not arouse the wrath of the great and powerful Oz.”                      —Wizard of Oz

“Pay no attention to that man behind the curtain.”                    —Wizard of Oz

If you are interested, I recommend the book: Albions Seed: Four British Folkways In America. By David Hackett Fischer
http://www.northshire.com/siteinfo/bookinfo.php?isbn=9780195037944&item=0
Unfortunately it is hard to find these days at a decent price.

Flag Comment Posted by hlaford on July 15, 2009 at 8:33 pm

Studebaker:
The phrase “the best possible thing”, can work.  Jesus Christ said “Love one another as I have loved you.“  So you could say, the best possible thing is, as JC said, “Love one another as I have loved you.“
Now, if this nation is to truly be color blind, we need to stop using “black community”, “hispanic community”, “native americans”, etc.  We don’t use “white community.“  We are all Americans, sub-divided into our respective states.  When we get to that point and to the point of judging people by the content of their character then we are the land of the free and finally brave enough to face each other as real Americans.  (anyone for a group song!)

Flag Comment Posted by Randy on July 15, 2009 at 8:13 pm

Studebaker - I see what you’re saying. When I reflect on American history, I tend to see it in terms of how we behaved and achieved in total. I believe that fractionalizing our history into Black History, Hispanic History, Native American History puts a myopic spin on what we’ve accomplished collectively, our skin color, religion and gender notwithstanding.

One can’t help but be humbled at how far we’ve come by the progress people of all walks of life have made in this country. I wouldn’t want to live anywhere else.

Flag Comment Posted by studebaker on July 15, 2009 at 7:53 pm

“I have found, in my capacities as a soldier and, later, a firefighter that the best possible thing that we can do to honor the black community is to treat them as equal - no more, no less….It’d be great if we could stop patronizing the black community and offer them the same opportunities and expect the same rules of civil behavior from everyone. Lowered expectations is a plantation we need to shut down.” Posted by ( Randy )

Randy: Over the time of my life—military, professional, vocational & social—I’ve come to realize that phrases like: “that the best possible thing that we can do to…” suggests a limiting of scope. The intent of my postings is not to patronize or to lower expectations from any group; but to raise expectations from all.

As we honor the framers of the constitution & those who sacrificed their lives in military struggles for liberty, we ought to keep in mind others whose sacrifices for liberty are not remembered as such by our prevailing tradition. We must not only understand that “freedom is not free”; but also realize to its full extent the cost thereof.  We, as individuals, must regard our own liberty along with our duty to be mindful of the liberty of others.  Without such commitment to liberty from individuals there can be no free society.

When I use language like: ‘Take it to heart and honor them as you will…When you think…“freedom isn’t free,” consider the long sacrifice African Americans made for the Freedom we all share. Sincerely honor them for the price they paid…’ I mean to emphasize the cost others have paid in the past for our present freedoms and our responsibility as citizens “to secure the blessings of liberty to ourselves and our posterity.“ And to do so requires forethought and sincere deliberation.

Flag Comment Posted by hlaford on July 15, 2009 at 7:48 pm

Randy:
What did Congress apologize for then if everyone connected with slavery is dead?  Slavery is not dead in some African countries.  I would venture to say that it is not dead in some Asian countries too.  “Bare their souls” was a figure of speech.  Perhaps I should have used different terminology.
I agree with your last paragraph.  Thank you for your post.

Flag Comment Posted by Randy on July 15, 2009 at 7:18 pm

“But I think all parties connected with slavery should come clean and “bare their souls” as it were.“ 

I found this section of your post most interesting. Since everyone who was a slave is dead and everyone who owned a slave is dead, how do all parties bare their souls? In a sarcastic moment, I would recommend employing a giant ouija board. The living descendants of slavery and slave owners have no first hand experience of their predecessors’ lot in life - soul baring seems to have given way, at this point, to spleen venting.

The best thing we can do is simply treat each other with common courtesy, respect and make certain that nobody is denied opportunity based upon their race. Opportunity should be equal, but, outcomes need not be managed for racial balance.

Flag Comment Posted by hlaford on July 15, 2009 at 7:07 pm

Ok Studebaker:
Vigilant means: watchful; wary; alert.  thus—
Be vigilant for signs of disease in your garden.
Thus that disease can be racism, bigotry, slavery, etc.
When you encounter that disease then you take action to eliminate it.
You didn’t mention indentured servants which was, in effect, white slavery BUT only for a specified period of time.  It might interest you to know that there was a black slave owner here in Virginia, I believe in King William County.  Certainly there were quite a few in Louisiana.  That doesn’t make it right.
No I wasn’t trying to be funny with my post.  But I think all parties connected with slavery should come clean and “bare their souls” as it were.  One of my relatives, a Quaker, helped get slaves out of Virginia during the Civil War and he was shot and killed by Confederate forces.  Well he was a big boy, he knew the dangers.  Another relative was a Captain in the Confederate cavalry.  Who knows he could have shot the guy.  After all it was brother against brother…. 
No, studebaker, I don’t need to retreat into a “stop singling out America” crap.  I’ve visited countries around the world, communist, socialist, third world, etc.  I’ve seen rich, poor, you name it.  People laying in the streets dying from hunger because no one gave a rat’s butt.  Well, studebaker, we’re not perfect, but at least we air our dirty laundry on the internet, in public, in the newspapers, on tv, etc. and we live to see it.  So that’s why I harp about being vigilant.  Because when you become lazy and you no longer care, that’s when your trouble begins.
But keep posting, they’re interesting to read.

Flag Comment Posted by Randy on July 15, 2009 at 5:49 pm

I have found, in my capacities as a soldier and, later, a firefighter that the best possible thing that we can do to honor the black community is to treat them as equal - no more, no less. In combat, the lives of blacks and whites, when faced with a common danger, a common enemy, intertwined such that skin color meant nothing - same with a fire - both are equal opportunity killers.

It’d be great if we could stop patronizing the black community and offer them the same opportunities and expect the same rules of civil behavior from everyone. Lowered expectations is a plantation we need to shut down.

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