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Sotomayor Hearing, Day 2, Blog 1

By Big Tent Democrat, Section Supreme Court
Posted on Wed Jul 15, 2009 at 08:48:36 AM EST
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Sen. John Cornyn (R-TX) hired the respected Center Right law professor Orin Kerr to advise him on the Sotomayor nomination. Money well spent apparently. For Cornyn has devised the novel approach of asking about Judge Sotomayor's "wise Latina" remarks. How imaginative and unusual. And of course, the need to remind that Sotomayor is a Latina was obvious. It was surely overlooked by the GOP white male Southern base. Did Rush Limbaugh forget to mention that I wonder.

My gawd. The GOP really wants to lose every Latino vote in the next election. Losing 3 out of 4 is not enough for them apparently.

When something of interest happens, I will add to this post.

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    Sotomayor Hearing, Day 2, Blog 1 | 125 comments (125 topical)

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    They won't let up (5.00 / 1) (#1)
    by andgarden on Wed Jul 15, 2009 at 08:51:42 AM EST
    And it's just so stupid.

    Do these white males not see . . . (5.00 / 4) (#5)
    by nycstray on Wed Jul 15, 2009 at 08:54:47 AM EST
    that they are really bringing truth to her "wise Latina" comment? I mean, really, who looks the most likely to give a wise and reasonable answer here?

    Please don't blame (none / 0) (#59)
    by kdog on Wed Jul 15, 2009 at 09:52:01 AM EST
    the stupidity of these individuals on their white male-ness...blame it on the fact the work in the senate:)

    Parent
    Here we go again on the stereotyping! (none / 0) (#60)
    by oculus on Wed Jul 15, 2009 at 09:52:53 AM EST


    Parent
    Bad habit... (none / 0) (#97)
    by kdog on Wed Jul 15, 2009 at 10:18:19 AM EST
    workin' on it Oc...I'll hit the blackboard later and write 100 times "All pols are not moron wanna-be tyrants, all cops are not scum"...but no promises.

    Parent
    howz it feel (none / 0) (#65)
    by Capt Howdy on Wed Jul 15, 2009 at 09:54:01 AM EST
    ??

    Parent
    Hows what feel? (none / 0) (#72)
    by kdog on Wed Jul 15, 2009 at 09:57:35 AM EST
    I only look white...I am actually part of a unique race I call McArab Degenerate and only associate with other degenerates...none of my kind in the senate, we're under represented and in need of some affirmitive action actually:)

    Parent
    Mc Southern (none / 0) (#87)
    by Capt Howdy on Wed Jul 15, 2009 at 10:05:51 AM EST
    Degenerate here.  we like all the same things but fried.


    Parent
    I think I remember you... (none / 0) (#93)
    by kdog on Wed Jul 15, 2009 at 10:11:20 AM EST
    the Nat'l Assoc. of Degenerates annual meeting a couple years back, you spoke and said something controversial about the superior reasoning of wise degenerates as opposed to non-degenerates right?...:)

    Parent
    brother! (none / 0) (#103)
    by Capt Howdy on Wed Jul 15, 2009 at 10:23:35 AM EST


    Parent
    Sotomayor (5.00 / 1) (#21)
    by jbindc on Wed Jul 15, 2009 at 09:14:46 AM EST
    is a Latina?  

    I had no idea. So glad the Republicans pointed it out....

    Coburn is getting pissy (5.00 / 3) (#73)
    by byteb on Wed Jul 15, 2009 at 09:58:38 AM EST
    Obviously, he has a problem with his temperament.

    the remarks yesterday re "temperament" (none / 0) (#83)
    by DFLer on Wed Jul 15, 2009 at 10:04:40 AM EST
    by Sessions ....good lord...double slam to both those temperamental women and those temperamental latinos

    What a knob!

    Parent

    "Judge, I want your personal opinion" (5.00 / 1) (#74)
    by jbindc on Wed Jul 15, 2009 at 09:58:55 AM EST
    "Okay Senator Coburn, my personal opinion is that you are a dumb a$$."

    I find it amazing (none / 0) (#2)
    by Steve M on Wed Jul 15, 2009 at 08:53:09 AM EST
    that every single one of them feels the need to quiz her about the "wise Latina" thing no matter how many times she addresses it.  How can they possibly think this is an effective strategy?  Is the thinking that, if someone tunes in for just 5 minutes of the hearing, we want to make sure the "wise Latina" gets brought up at least once in that time span?

    Wise Latina (5.00 / 3) (#3)
    by lilburro on Wed Jul 15, 2009 at 08:54:41 AM EST
    is looking better and better compared to these white morons.

    Parent
    I think Huckleberry (none / 0) (#25)
    by gyrfalcon on Wed Jul 15, 2009 at 09:20:09 AM EST
    telegraphed what they're trying to do.  They're hoping to provoke her into losing her patience and getting snippy to demonstrate her "temperament" problem.

    Parent
    Then (5.00 / 1) (#41)
    by jbindc on Wed Jul 15, 2009 at 09:35:44 AM EST
    they're really stupid.  The woman has been a judge for 17 years.  I think she learned along the way to mask her feelings and bite her toungue.

    Parent
    Although some judges of lengthy (none / 0) (#58)
    by oculus on Wed Jul 15, 2009 at 09:51:24 AM EST
    tenure do not have that ability or don't choose to exercise it.

    Parent
    Finally he starts asking about issues (none / 0) (#4)
    by andgarden on Wed Jul 15, 2009 at 08:54:45 AM EST
    25 minutes in.

    What Is Bad News (none / 0) (#6)
    by bob h on Wed Jul 15, 2009 at 08:55:25 AM EST
    for the Republicans is that Hispanics are apparently following all this very closely on radio and TV.

    Good! (none / 0) (#100)
    by Militarytracy on Wed Jul 15, 2009 at 10:20:23 AM EST


    Parent
    On to Ricci, another issue about which (none / 0) (#7)
    by oculus on Wed Jul 15, 2009 at 08:59:35 AM EST
    no other Senator thought to ask a single question.

    P.S. I wish Judge Cabranes could testify.  

    I'm (none / 0) (#8)
    by Capt Howdy on Wed Jul 15, 2009 at 09:01:42 AM EST
    looking forward to Ricci

    Parent
    BTW, has the Judge's pronunciation (none / 0) (#11)
    by oculus on Wed Jul 15, 2009 at 09:03:52 AM EST
    of "Ricci" morphed?  

    Parent
    He can (none / 0) (#12)
    by Steve M on Wed Jul 15, 2009 at 09:05:34 AM EST
    As I recall, a number of Justice Alito's colleagues on the Third Circuit testified in support of his nomination.  Of course, Judge Cabranes couldn't really criticize her handling of a specific case, which I presume is what you were getting at.

    The whole episode yesterday with Judge Cedarbaum was pretty hilarious though.

    Parent

    Today Judge Sotomayor sd. every Judge (none / 0) (#18)
    by oculus on Wed Jul 15, 2009 at 09:10:53 AM EST
    on the Circuit gets a copy of every en banc request.  Take that.  You didn't need to reed about it in the local rag, Judge Cabranes.

    Parent
    Indeed they do (5.00 / 1) (#32)
    by Steve M on Wed Jul 15, 2009 at 09:26:40 AM EST
    What happened in Ricci is that the plaintiffs never filed a request for en banc rehearing (odd, for the Most Important Case Ever), but Second Circuit rules also allow any judge to request a poll of the court on en banc rehearing even if a motion hasn't been filed.  So that's how it came to pass in Ricci.

    Point being, it may be true that Judge Cabranes learned about the case by reading the newspaper, but it's not like Judge Sotomayor had any ability to "bury" the case by joining a summary order.  All the plaintiffs had to do, if they wanted the whole court to know, is file a motion.

    Parent

    Here's a good riff on Judge Cederbaum. (none / 0) (#22)
    by oculus on Wed Jul 15, 2009 at 09:15:26 AM EST
    link

    I didn't know Judge Cabranes was also on the board of the civil rights org.

    Parent

    I didn't either (none / 0) (#26)
    by Big Tent Democrat on Wed Jul 15, 2009 at 09:21:28 AM EST
    that is a failing on my part.

    Parent
    Oh, don't be so hard on yourself. (none / 0) (#27)
    by oculus on Wed Jul 15, 2009 at 09:23:21 AM EST


    Parent
    A niche market. (none / 0) (#63)
    by oculus on Wed Jul 15, 2009 at 09:53:30 AM EST


    Parent
    The Witness List for (none / 0) (#33)
    by Anne on Wed Jul 15, 2009 at 09:27:01 AM EST
    the Sotomayor hearings are posted on the Judiciary Committe website and is as follows:

    Panel I

    Kim Askew
    Chair
    American Bar Association, Standing Committee on the Federal Judiciary

    Mary Boies
    Member
    American Bar Association, Standing Committee on the Federal Judiciary

    Panel II

    Majority Witnesses

    The Honorable Michael Bloomberg
    Mayor, City of New York

    Robert Morgenthau
    District Attorney
    New York County, New York

    The Honorable Dustin McDaniel
    Attorney General
    State of Arkansas

    Wade Henderson
    President and CEO
    Leadership Conference on Civil Rights

    Minority Witnesses

    Frank Ricci
    New Haven Fire Department

    Lieutenant Ben Vargas
    New Haven Fire Department

    Peter Kirsanow, Esq.
    Partner, Benesch, Friedlander, Coplan & Aronoff LLP
    and Commissioner, U.S. Commission on Civil Rights

    Linda Chavez
    Chairman
    Center for Equal Opportunity

    Panel III

    Majority Witnesses

    Louis Freeh
    Former Director
    Federal Bureau of Investigation

    Chuck Canterbury
    National President
    Fraternal Order of Police

    David Cone
    Former Major League Baseball pitcher

    Kate Stith
    Lafayette S. Foster Professor of Law
    Yale Law School

    Minority Witnesses

    Dr. Charmaine Yoest
    Americans United for Life

    Sandy Froman, Esq.
    Attorney, Gun Rights Advocate, and
    Former President, National Rifle Association of America

    David Kopel, Esq.
    Independence Institute

    Ilya Somin
    Professor
    George Mason University School of Law

    Panel IV

    Majority Witnesses

    The Honorable Nydia Velazquez
    Chair
    Congressional Hispanic Caucus

    The Honorable Jose E. Serrano
    U.S. House of Representatives [NY-16]

    Ramona Romero
    National President
    Hispanic National Bar Association

    Theodore M. Shaw
    Professor
    Columbia Law School

    Minority Witnesses

    Tim Jeffries
    Founder
    P7 Enterprises

    Neomi Rao
    Professor
    George Mason University School of Law

    Nicholas Quinn Rosenkranz
    Professor
    Georgetown University School of Law

    John McGinnis
    Professor
    Northwestern University School of Law

    Panel V

    Majority Witnesses
    Michael J. Garcia
    Former United States Attorney
    Southern District of New York

    Patricia Hynes
    President
    New York City Bar Association

    JoAnne A. Epps
    Dean, Temple University Beasley School of Law
    On behalf of the National Association of Women Lawyers

    Minority Witnesses

    David Rivkin, Esq.
    Partner
    Baker Hostetler

    Dr. Stephen Halbrook
    Attorney

    From the looks of it, the minority witnesses will not be elevating the declining opinions about the GOP.

    Parent

    David Rivkin? (none / 0) (#38)
    by lilburro on Wed Jul 15, 2009 at 09:30:50 AM EST
    Oh that will be good.  NYT:

    The memos are well-written, and feature careful and nuanced legal analysis. They weave together the facts and the law. They are grounded in real world experience, because nine out of 10 techniques, used against high-value detainees, were also used over a period of many years in SERE training courses, with thousands and thousands of American participants.

    Who picked these people?  Jeff Sessions?  

    Parent

    Was Jeff Rosen unavailable? (none / 0) (#43)
    by oculus on Wed Jul 15, 2009 at 09:37:54 AM EST


    Parent
    Were it a game show (5.00 / 1) (#55)
    by lilburro on Wed Jul 15, 2009 at 09:49:17 AM EST
    I'm sure he'd be happy to be there - Jeff Rosen:  "Next up!  A mysterious person from your past..."

    Parent
    Linda Chavez!!!!! (none / 0) (#40)
    by oculus on Wed Jul 15, 2009 at 09:34:52 AM EST
    Re Mary Boies, she is the wife of David Boies.  link

    Parent
    no kidding (none / 0) (#45)
    by Capt Howdy on Wed Jul 15, 2009 at 09:40:13 AM EST
    Linda Chavez
    Chairman
    Center for Equal Opportunity

    clear skies
    healthy forests
    center for equal opportunity

    Parent

    That's an impressively (none / 0) (#57)
    by brodie on Wed Jul 15, 2009 at 09:50:24 AM EST
    diverse group backing Soto.

    With a few surprises for me.   Such as Bill Clinton's good friend Louis "World B." Freeh.  But apparently he was her mentor on the dist court when she started out on the lower bench.  Okay.  And his being conservative doesn't hurt either.

    David Cone?   The rather colorful, portly ex-hurler for the Yankees and others in the 90s?   That should be interesting.  Better make sure a cuspidor is available, and let's hope he doesn't grab his crotch during the swearing in.

    Parent

    Not for nothing... (5.00 / 1) (#95)
    by kdog on Wed Jul 15, 2009 at 10:13:11 AM EST
    he had his best years with the Mets, played longer for the Mets...lets call him an ex-Met, the Evil Empire gets enough press:)

    Parent
    Did he pitch any perfect games (none / 0) (#117)
    by oculus on Wed Jul 15, 2009 at 10:42:16 AM EST
    as a Met?

    Parent
    No... (none / 0) (#124)
    by kdog on Wed Jul 15, 2009 at 11:24:08 AM EST
    we're still waiting for our first no-hitter, going on fifty years!  

    Parent
    So are the Pads, although they helped (none / 0) (#125)
    by oculus on Wed Jul 15, 2009 at 11:45:25 AM EST
    Sanchez pitch the first one for the Giants.

    Parent
    It's not everyday (none / 0) (#126)
    by CoralGables on Wed Jul 15, 2009 at 03:42:18 PM EST
    that talk of a Supreme Court Nominee can revive memories of the Coneheads at old Shea Stadium, when the Coneheads would gather each time David Cone pitched at Cone Co'ner

    Parent
    Cone portly? (none / 0) (#64)
    by nycstray on Wed Jul 15, 2009 at 09:53:37 AM EST
    Are you perhaps thinking of Wells?

    Parent
    Ah, I was indeed. (none / 0) (#79)
    by brodie on Wed Jul 15, 2009 at 10:03:31 AM EST
    Been a long time since I've followed baseball.

    David Cone, another ex-Yankee from the 90s, iirc, is not portly but of more slender build.  A lot less of a loose cannon type, if memory serves, than Wells ...

    Parent

    Yes, they contrast each other nicely ;) (none / 0) (#91)
    by nycstray on Wed Jul 15, 2009 at 10:07:54 AM EST


    Parent
    Once again, I have to ask (none / 0) (#9)
    by andgarden on Wed Jul 15, 2009 at 09:02:33 AM EST
    Does this guy really have a law degree?

    Cornyn looks like a Senator ... (none / 0) (#37)
    by Robot Porter on Wed Jul 15, 2009 at 09:30:49 AM EST
    until he opens his mouth.

    Then he seems more like a Best Buy Store manager.

    Parent

    No, I don't want the extended warranty! (5.00 / 2) (#39)
    by andgarden on Wed Jul 15, 2009 at 09:33:20 AM EST


    Parent
    no stereotyping (5.00 / 1) (#68)
    by Capt Howdy on Wed Jul 15, 2009 at 09:55:26 AM EST
    thats an insult to best buy managers everywhere.
    and the women who love them.

    Parent
    Hehe (5.00 / 2) (#96)
    by Steve M on Wed Jul 15, 2009 at 10:16:32 AM EST
    did you just stereotype Best Buy managers as male? or perhaps lesbian? :)

    Parent
    We may have to consult ... (5.00 / 1) (#112)
    by Robot Porter on Wed Jul 15, 2009 at 10:31:51 AM EST
    a wise Best Buy manager.

    Parent
    Not a bad gig (none / 0) (#114)
    by jbindc on Wed Jul 15, 2009 at 10:35:39 AM EST