With President Obama's nomination of U.S. Circuit Court judge Sonia Sotomayor to the vacancy being created by U.S. Supreme Court Justice David Souter's impending retirement, Mychal Massie, chairman of the Project 21 black leadership network, is urging senators to take a very close look at her record before commenting on her fitness for the job.
"Of all the possible nominees suggested over the past few weeks, it appears Obama selected the most radical one," said Massie. "The U.S. Senate has a duty to scrutinize Judge Sotomayor's record to ensure she has the demeanor and aptitude to be elevated to such a solemn post."
Massie continued: "During the Bush Administration, it was common for liberal senators to demand a consensus nominee with broad political appeal. By selecting an avowed liberal in Sotomayor, it would appear Obama is not following the stipulation he and his former colleagues sought to impose upon his predecessor. This should open up the nomination to the scrutiny it justly deserves."
The Sotomayor nomination, Massie notes, is the perfect catalyst to begin a national debate on the appropriateness of "judicial activism" - when judges essentially cut lawmakers out of the legislative process and try to rule from the bench. For example, in a 2001 speech at the University of California at Berkeley School of Law, Sotomayor said it was appropriate for a judge such as herself to use her "experiences as women and people of color" to "affect our decisions." In 2005, she told a crowd at the Duke University Law School that the "Court of Appeals is where policy is made" - rather than by lawmakers beholden to voters.
Massie commented: "Considering Justice Souter's record, Sotomayor will not change the balance of the Supreme Court. But she will likely dramatically alter the temperament of the Court and the way in which it operates. Senators must keep this in mind as they take on the very solemn process of vetting her fitness."
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Showing posts with label radical. Show all posts
Showing posts with label radical. Show all posts
Thursday, May 28, 2009
Tuesday, May 26, 2009
Libertarians blast Sotomayor pick
America’s third largest party Tuesday criticized President Barack Obama’s nomination of federal appeals court judge Sonia Sotomayor to the Supreme Court, citing past rulings that public employers should discriminate in hiring based on race.
“While Judge Sotomayor deserves a fair and impartial hearing, Supreme Court justices should be nominated for their thorough knowledge of and adherence to the Constitution and the rule of law,” said William Redpath, Libertarian National Committee Chairman.
“By nominating Sonia Sotomayor, Barack Obama has made it clear he prefers an activist for his personal causes over a rational interpreter of law,” said Redpath.
According to Cato Institute Vice President for Legal Affairs Roger Pilon, Sotomayor is “the most radical of all the frequently mentioned candidates before him.”
Sotomayor is best known for the Ricci v. DeStafano case, in which the New Haven, Conn. fire department decided it didn’t like the results of an officers promotion exam in which whites and Hispanic firefighters outperformed black firefighters. The city threw out the results of the exam, denying several firefighters promotions solely because of their race. The firefighters sued the city, claiming racial discrimination under Title VVI of the Civil Rights Act and the Equal Protection Clause of the Fourteenth Amendment.
The Cato Institute, Reason Foundation and the Individual Rights Foundations filed briefs on behalf of the firefighters, citing the absurdity of allowing public employers to throw out the results of valid, race-neutral exams that produce racial disparity because the racial disparity produced wasn’t politically correct. The firefighters and the libertarian foundations filing briefs argued that public employment practices should be color-blind.
Sotomayor disagreed, ruling the city has a right to discriminate against white and Hispanic public employees to construct a politically correct racial mix in hiring, even if it goes against the results of a racially-neutral competency exam.
The case is now before the Supreme Court. Sotomayor has had her rulings thrown out by the court a troubling four times. In three of those cases, the Court ruled Sotomayor had incorrectly interpreted the law.
“It is troubling that Obama, who won the highest elected office in the world without racial preferences, would nominate someone who openly admits the government should racially discriminate against its own citizens to serve the needs of political correctness,” said Redpath.
“Libertarians believe that, while the First Amendment’s guarantee of freedom of association allows private parties to hire whomever they please, government has no right to discriminate. Public employers should treat all citizens of all colors, races and ethnicities with equal respect and value and Sotomayor’s radical rulings are a jarring departure from that principle.”
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“While Judge Sotomayor deserves a fair and impartial hearing, Supreme Court justices should be nominated for their thorough knowledge of and adherence to the Constitution and the rule of law,” said William Redpath, Libertarian National Committee Chairman.
“By nominating Sonia Sotomayor, Barack Obama has made it clear he prefers an activist for his personal causes over a rational interpreter of law,” said Redpath.
According to Cato Institute Vice President for Legal Affairs Roger Pilon, Sotomayor is “the most radical of all the frequently mentioned candidates before him.”
Sotomayor is best known for the Ricci v. DeStafano case, in which the New Haven, Conn. fire department decided it didn’t like the results of an officers promotion exam in which whites and Hispanic firefighters outperformed black firefighters. The city threw out the results of the exam, denying several firefighters promotions solely because of their race. The firefighters sued the city, claiming racial discrimination under Title VVI of the Civil Rights Act and the Equal Protection Clause of the Fourteenth Amendment.
The Cato Institute, Reason Foundation and the Individual Rights Foundations filed briefs on behalf of the firefighters, citing the absurdity of allowing public employers to throw out the results of valid, race-neutral exams that produce racial disparity because the racial disparity produced wasn’t politically correct. The firefighters and the libertarian foundations filing briefs argued that public employment practices should be color-blind.
Sotomayor disagreed, ruling the city has a right to discriminate against white and Hispanic public employees to construct a politically correct racial mix in hiring, even if it goes against the results of a racially-neutral competency exam.
The case is now before the Supreme Court. Sotomayor has had her rulings thrown out by the court a troubling four times. In three of those cases, the Court ruled Sotomayor had incorrectly interpreted the law.
“It is troubling that Obama, who won the highest elected office in the world without racial preferences, would nominate someone who openly admits the government should racially discriminate against its own citizens to serve the needs of political correctness,” said Redpath.
“Libertarians believe that, while the First Amendment’s guarantee of freedom of association allows private parties to hire whomever they please, government has no right to discriminate. Public employers should treat all citizens of all colors, races and ethnicities with equal respect and value and Sotomayor’s radical rulings are a jarring departure from that principle.”
-----
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