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  • Sotomayor Quote of the Day: Bias

    As described here, each day during the confirmation hearing I will feature an activist case and a troubling quote from Judge Sotomayor. Today’s quote comes from her 2001 speech at the University of California, Berkeley, School of Law, where Judge Sotomayor made the following troubling statement regarding judicial impartiality:

    Judge Cedarbaum nevertheless believes that judges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law. Although I agree with and attempt to work toward Judge Cedarbaum’s aspiration, I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. (emphasis added)

    Compare her quote with the federal judicial oath of office:

    I do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me under the Constitution and laws of the United States. So help me God.

    Juxtaposing Judge Sotomayor’s statement with the judicial oath raises serious questions as to whether she believes complying with the impartiality requirement of the oath is achievable, or even desirable. She dismisses its promise of impartiality as merely an aspiration, labeling it as contrary to reality and offering, in its place, her own theory of judicial decision-making. The oath, however, is not merely an aspiration or a routine symbolic gesture—it is a requirement for judicial office. If Judge Sotomayor is confirmed as a justice of the Supreme Court, it is of utmost significance that she be able to honestly take and fulfill this oath. Her remarks on this issue should therefore be of primary concern to each senator that questions her during confirmation hearings for a lifetime (or, if you prefer, good behavior) seat on the highest court in the land.

    Cross-posted at Bench Memos.

    Posted in Legal [slideshow_deploy]

    27 Responses to Sotomayor Quote of the Day: Bias

    1. Joanna Campbell, VA says:

      Why are president's allowed to nominate a candidate for the Supreme Court who, based on the record, does not make judicial decisions based on the Constitution? Judge Sotomayor's statements and decisions are so clearly biased that, it seems to me, nominating her may have been an act of indiscretion or political expediency (dastardly acts) but confirming her appointment to the Supreme Court would be worse, something akin to an act of treason against the United States.

    2. Pingback: Sotomayor Quote of the Day: Bias « Conservative Thoughts and Profundity

    3. David, Oklahoma City says:

      Joanna, you are absolutely right but the constitution is now just perceived as a bunch of nice ideas from long ago. To these people it might as well be Hammurabi's Code or The Seven Principles of a Good Golf Swing.

    4. Joe, Philadelphia says:

      What is the point in even voting for Republicans if they can't even make this simple, simple case and vote no on a clearly unqualified candidate? Are there any politicians that actually want to follow the Constitution?

    5. Edward Lee says:

      "And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society" is an astoundingly, amazingly, demonstrably racist attitude. The fact that these hearings can go beyond a single day show how far out-of-sync Congress truly is.

    6. Robert Ivy Dawsonvi says:

      This is to be remembered, Sotomayor is an Obama appointee. What sounds good at the time is the rule of the day.

    7. James Ausmus, TX says:

      I totaly agree with your statement and logic and I find it disturbing that there seem to be so few in a position that maters who also agree and would stick to those convictions. I thought the founding fathers did a good job of writing out the Constitution and Bill of Rights. They do not need fixing!

    8. Angel, Ohio says:

      akin to allowing the bank robber to guard the bank.

      She continues to lie under oath — wouldn't you call the purgary! She appears to be doing that throughout these hearings. This LIFETIME appointment should not be given to such a bias person. Her records speaks, no yells to her inability to judge impartially. Her appointment says enough about Obama and his radical views. Unacceptable!!!

    9. Lwesson Texas says:

      I said as much about treason, Joanna in earlier comments on this subject. Well put. It seems that Sotomayor is simply a part of a long applied agenda to disassemble the nation constructed by The Founding Fathers and the original founding peoples. The OATH means nothing. It is just some words. Move on with the agenda.

      That Sotomayor is/was a member of La Raza Unida (The RACE United) seems to not even draw a raised eyebrow. Now had some nominee had been once a member of, say, The Klan, or a certain Party formed in Germany and led by A.H. (I cannot name the party directly as MOM will kill this comment) then the MEDIA and an army of angry bloodthirsty inquisitors would be asking all sorts of questions. But NOT FOR SOTOMAYOR and her wise Latina choice of La Raza Unida. She might have even been able to have been a member of the Communist Party and waved such membership as nothing more than a fool hearty youthful indiscretion. The MEDIA would adore her even more!

      We are on a sad long spiral to the abyss.

      Kind regards!—L

    10. Robin, NC says:

      Nothing but lies should be expected from this appointee…that's what she did all day during the hearings.

      But, what else should we expect from an Obama appointee?

      He and the Democratic leaders of Congress sugarcoat or outright lie with everything they do. I would like to say to Michelle Obama: "I have ALWAYS been proud of my country, but for the first time in my adult life, I'm REALLY scared for my country." God help us!

    11. Brad L, Phoenix says:

      The evidence strongly points to the fact that Democrats firmly believe that "the end justifies the means". They will do and say anything to acheive their objective. As we have seen over the last 9 months, almost every promise or prediction they have made has not happened. Sonja can say anything she wants today and promise to everything that is expected of a Supreme Court Justice, however, she will not be bound to any of it.

    12. Barbara, Virginia says:

      Were a white male jurist to have made the questionable comments made by nominee Sotomayer, his confirmation would be unanimously condemned as an outrage. Sotomayer's numerous personal comments about judicial policy making based on race and gender, together with her plainly biased and discriminatory decision in the "firefighter's case" should disqualify her for the highest court in the land. Unfortunately, Republican legislators have no backbone these days to stand up for what is right. Politics rule the day. This short sighted attitude is one of the reasons the Republican Party is floundering.

    13. grandma says:

      I agree with all the comments here. But further stuned that what we are watching and hearing mean nothing to congress and this woman will be voted on the court for the rest of HER LIFE!

      How do we prevent this from happening?

      We can't!

    14. Ralph L. Franco, R.I says:

      To paraprase H.L. Menchen: Do not underestimate the intelligence of the american voter. 53% voted for a completely unqualified person for president and he in turn nominated a completely unqualified person to the Supreme Court and the democrat controlled senate will confirm a totally unqualified person to the high court. Isn't consistency wonderful

    15. David VanNorman Wi says:

      And they gave judge Bork a verry hard time and this woman is not fit to carry his robe.I never met the man but he at least was honest.

    16. Marvin Sparks, NV says:

      Thanks for putting the issue squarely in context Ralph Franco. I am adding a text of a comment made by one of the founders of LaRaza;(of which Ms. Sotamayor was/is a member)." Gutierrez, an open borders advocate who founded La Raza Unida, has stated, "We have an aging white America … They are dying. … They are shi__ing in their pants with fear! I love it! … We have got to eliminate the gringo, and what I mean by that is if the worst comes to the worst, we have got to kill him." Of course she is distanced from this kind of terrorism because she is wise.

    17. Steve, Florida says:

      Read Liberal Facism by Jonah Goldberg and you will find the Heritage of the disregard for Constitutional Jurisprudence clearly described and continued today by the Left.

      ps…..Goldberg's historical revelation of American Politics and World Order tinkering by Wilson, FDR and others clearly eviscerates Obama as nothing more than a copy CAT from the Old Utopians and Social Tinkering elistist Tribe. He is no original or new "Third Way" but more of the same.

    18. Glenn Tx says:

      It has long been the policy of denocrats to promote and vote for racism. Remindibg that Mississippi with Democratic governors 1874- 2000

      ratified Ammendment 13 May 16 1996

    19. Joel Schoenberger;Pr says:

      I'am glad for the folks at Heritage.I pray that

      more People are aware of this site.Concerning Sotomayor,"We know she is a Bad Nominee,but lets not forget to let our Senators know what we think."

    20. Joanna Campbell, VA says:

      Although Sotomayor will most likely be appointed, I will not concede that "we cannot do anything about it." We can. When a person is a candidate for any office we hold their feet to the fire of the Constitution relentlessly. If they cannot measure up, we don't vote for them and find someone, their is someone, who can and will…therefore each one of use must use the modicum of power with which we are gifted. Remember, it was with a modicum of power that the Civil Rights movement was born. We are in a position where that mighty modicum of power bequeathed to each one us must be exercised relentlessly, without compromise, innuendo, side-stepping or euphemisms. Truth is mightier than the lie; the Constitution incarnates principles that are truths. It is these truths that have made us the torchbearer of liberty around the world. It is in the light of and obedience to those truths that we will prevail.

    21. Patricia,Hobbs,N.M. says:

      We all know Sotomayer is lying through her teeth in these hearings but no one seems to care. I don't think it matters what she says as Obama wants her so everyone is going to kiss his fanny and give it to him. No one seems to have a thougt of their own anymore. They just follow along like good little sheep. I guess that's an insult to sheep though as every once in awhile a sheep will stray. If we as a people don't do something fast we are going to lose this country. When that happens we will be no more than a third world country that no one can or will respect.

    22. Bill Lynch, CT says:

      Great comments, analysis and reasoning by all. But what do we do about this??? The arguments are sound. The logic is unquestioned. But what do we do???

      Our country, our way of life, our sacred inheritance, is being stolen before our very eyes. Is the ballot box, or writing to elected officials, our only recourse, our only options? If so, its fair to say all is lost without divine intervention. Are we worthy of our inheritance? What would Sam Adams and The Sons (and Daughters) of Liberty do if they were here today? Or if they faced a similar situation in their day? What would John Adams do if he were here? Looking down, what does he think of us now? The majority of Americans are so truly pathetic do they even deserve liberty? They want the government to care for them so shouldn't they get their just desserts?

      Big issues. Big questions. Obama has correctly assessed the situation. He understands how weak, scared and gutless the Republicans are. And he realizes conservatives aren't organized, and they can't muster quickly and often enough to fight his barrage of attacks. So he is pouring it on as fast as he can, and taking it as far as he can go. Smart strategy because we never go back.

      Will the rule of law be taken without any oppostion? Or a fight? Will the future be shaped by Sotomayors or Conservatives? There is no more need to develop arguments countering Obama's plans for us. We all know that this is a challenge that none of us have ever experienced or read about – an enemy of America in the WH with a legislature ready to pass everything, and a press that is strongly behind him. There's no historical gameplan we can use.to counter this specific attack. So we have to come up with one.

      So back to my original question – what do we do? its time for action. What do we do?

    23. Joanna Campbell, VA says:

      Bill, I'm asking the same question: what are we to do. I'm working on a few projects that I hope will at least make it possible for participants to know the Constitution and related documents, the issues, how to think of those inssues in light of the Constitution and what it means in terms of personal action. I don't think this is enough. Thus, although I'm involved with these projects, like you I'm asking what more can I do? I believe we must use the infrastructure including our tax dollars, just as the current administration is doing, to invade that structure with the principles of the Constitution as the benchmark, the spring of education and as the light of our way. I lay awake at night thinking about these issues and what next to include and do. I think there are many like me in this.

    24. Gema, California says:

      Pray, pray and pray. God is the only one who can help this great nation. Although I think that most americans got what they deserve by electing officials with shady ideals, and racist hidden mentality. Sotomayor will be a nail to our coffin. She is as bad as Obama, if not worse.

    25. scott Ivlow, Winter says:

      I we as acountry are going to go down the road about not hold ing up oths Well start the impeachment hearing on Barak Obama for no not holding his oath to the Constitution. He has violated it so many times one can write his book "1001 Ways on How A President Can Do A Way With The Constitution"

    26. Marshall Hill MI. says:

      FROM TIM the Theif to SOTO the SOCIALIST!

    27. John W Ross, PE---Su says:

      With regard to our president and his attitudes, appointees, cabinet, proposals,wild spending, and our congress, I am ashamed of them all.

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