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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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    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
    At least as of last year in this article about management philosophies:

    Best Buy: The Every-Day-Is-Saturday Model

    Philosophy: We're all adults here. Work is not a place you go, it's something you do, so there's no reason for the company to dictate when and where employees work. Managers look solely at results produced, not hours spent at a desk or in meetings.

    Org Hierarchy: Traditional. Some things don't need to change.

    Notable Perks: Trust. No one judges where you are or how you're getting your work done.

    Evaluations: Customer driven. Along with your manager, the customer is in the best position to know how well you're delivering results.

    Career Development: Merit-based promotions. In a results-only environment, schmoozing the boss won't get you anywhere.

    Work-Life Balance: Unlimited paid vacation. If you get your work done, what you do with the rest of your time is up to you.

    Where It Works: Best for offices rather than retail or manufacturing floors.



    Parent
    Is there a copy (none / 0) (#10)
    by lilburro on Wed Jul 15, 2009 at 09:02:55 AM EST
    of the test used by New Haven online anywhere?  I heard something about it having a spelling test.

    Ooh. Dueling endorsements (all by (none / 0) (#13)
    by oculus on Wed Jul 15, 2009 at 09:06:04 AM EST
    Hispanic organizations) and "reservations."  

    The Southern Baptist Convention (none / 0) (#15)
    by oculus on Wed Jul 15, 2009 at 09:07:59 AM EST
    expresses reservations.  And, previously, President Obama is to have a Southern Baptist minister at Camp David.

    Parent
    Question, (none / 0) (#17)
    by andgarden on Wed Jul 15, 2009 at 09:09:22 AM EST
    why are there "southern" baptists?

    Answer, because baptists in the south supported slavery.

    Parent

    Hey! (5.00 / 2) (#20)
    by Big Tent Democrat on Wed Jul 15, 2009 at 09:13:56 AM EST
    No stereotyping!!!

    There were and are no Southerners who supported slavery or Jim Crow or racism. How dare you!?!!

    Parent

    oh (5.00 / 2) (#56)
    by Capt Howdy on Wed Jul 15, 2009 at 09:49:26 AM EST
    Fiddle-dee-dee

    Parent
    bless your hearts (5.00 / 2) (#108)
    by kempis on Wed Jul 15, 2009 at 10:28:06 AM EST


    Parent
    Kathy? Is that you? (5.00 / 1) (#115)
    by Cream City on Wed Jul 15, 2009 at 10:42:11 AM EST
    Ah, I remain grateful for that lesson here that she gave in the utility and versatility of that classic Southern put-down, "bless your hearts."  There just is nothing quite like it in Northern climes.

    Parent
    I was indeed thinking of you (none / 0) (#116)
    by Big Tent Democrat on Wed Jul 15, 2009 at 10:42:16 AM EST
    I am sorry to have been harsh with you yesterday but I have spent years arguiong this point and too many Southerners like yourself want to be blind to what the South was and is.

    Parent
    Thanks, BTD (5.00 / 0) (#120)
    by kempis on Wed Jul 15, 2009 at 10:50:03 AM EST
    I appreciate your apology.

    I wish you'd understand that I'm not in denial about Southern conservatism, having fought it all my life. My objections were to the "dumb Southerner" jokes made by a few, not your comments about the oppressive mindset that Sessions represents. But I obviously failed to communicate that distinction clearly.

    But I thank you for the civil acknowledgment today. I enjoy your commentaries, and usually agree, so I do value your opinion.

    Thanks. Now on to higher, hopefully common ground. :)

    Parent

    JB Sessions has letters from the NRA (none / 0) (#14)
    by andgarden on Wed Jul 15, 2009 at 09:06:30 AM EST
    and the religious right!

    He wasn't convinced by the god son NRA (5.00 / 1) (#16)
    by oculus on Wed Jul 15, 2009 at 09:08:49 AM EST
    member I guess.  

    Parent
    Watching this morning, (none / 0) (#19)
    by kenosharick on Wed Jul 15, 2009 at 09:12:32 AM EST
    I am impressed by the way she calmy explains things to these republican senators- rather like you need to explain things to children. Usually kids catch on more quickly, however.

    CNN is failing me here and my local (none / 0) (#23)
    by oculus on Wed Jul 15, 2009 at 09:17:00 AM EST
    NPR is showing Sesame St.  

    Try (5.00 / 1) (#24)
    by andgarden on Wed Jul 15, 2009 at 09:17:58 AM EST
    here.

    Parent
    Got it. Now if I had Mozilla I could (none / 0) (#28)
    by oculus on Wed Jul 15, 2009 at 09:24:19 AM EST
    watch and type at the same time.

    Parent
    FIle--->New Window (none / 0) (#29)
    by andgarden on Wed Jul 15, 2009 at 09:25:58 AM EST


    Parent
    I'd be happy (none / 0) (#30)
    by CST on Wed Jul 15, 2009 at 09:26:17 AM EST
    to get as much of the latino vote as we do of the black vote.  90% and counting...

    Apparently the Republicans would be happy with that scenario too.

    Is this the first reference to U of M (none / 0) (#31)
    by oculus on Wed Jul 15, 2009 at 09:26:23 AM EST
    admissions cases?

    No, it came up yesterday (none / 0) (#35)
    by andgarden on Wed Jul 15, 2009 at 09:28:40 AM EST


    Parent
    I believe one of the political parties ... (none / 0) (#34)
    by Robot Porter on Wed Jul 15, 2009 at 09:28:06 AM EST
    will go the way of the Whigs at some point in this century.

    These days it looks like Republicans are likely to follow that path.  And possibly faster than anyone thinks.

    Rs have 7 members on (none / 0) (#75)
    by brodie on Wed Jul 15, 2009 at 09:59:12 AM EST
    Judiciary, all of them white males.  

    Four of those 7 are southerners.  (5 if you want to stretch it and count Kyl from Arizona).  Just great if your party wants to secure the white male southern vote.  Which, last I checked, they have already done.

    Unfortunately, I"m old enough to know that everytime it looks like the Rs should become extinct (1964 Goldwater, 1974 Nixon/Watergate) and the CW says they are finished, they always seem to defy expectations, and even win in the next election cycle or the one after.

    Parent

    that may be (none / 0) (#82)
    by Capt Howdy on Wed Jul 15, 2009 at 10:04:32 AM EST
    good in the short term and bad in the long term.
    Im afraid that if you are correct the democrats will have even less than they have now to keep them honest.

    honest? whatever.  you know what I mean.


    Parent

    If I recall correctly (5.00 / 1) (#98)
    by CST on Wed Jul 15, 2009 at 10:18:35 AM EST
    The extinction of the Whigs didn't leave us with a single party.  Green party anyone :)?  I'd be happy to see the Dems split into "true left" and "not quite as bad as republicans".

    Parent
    that would be an (5.00 / 1) (#104)
    by Capt Howdy on Wed Jul 15, 2009 at 10:24:23 AM EST
    improvement over republicans and not quite as bad as the republicans.

    Parent
    I think it actually reflects ... (none / 0) (#111)
    by Robot Porter on Wed Jul 15, 2009 at 10:30:25 AM EST
    that there are political philosophies which aren't well reflected by either political party.  And represent a large enough group of Americans and interests that they could replace one of the current parties.

    Parent
    Yup, that's why I used the Whig ... (none / 0) (#106)
    by Robot Porter on Wed Jul 15, 2009 at 10:26:05 AM EST
    comparison.  Another party would takes its place.

    Parent
    The Know-Nothing Party? (none / 0) (#118)
    by oculus on Wed Jul 15, 2009 at 10:46:06 AM EST


    Parent
    Heh. (none / 0) (#122)
    by Robot Porter on Wed Jul 15, 2009 at 10:55:10 AM EST
    The Republicans are certainly devolving into something like the Know Nothings.

    But I think they would be replaced by another potential majority party.

    Parent

    BTW, Ben Cardin for Supreme Court! ;-) (none / 0) (#36)
    by andgarden on Wed Jul 15, 2009 at 09:29:15 AM EST


    I heart Ben Cardin... (5.00 / 1) (#44)
    by Anne on Wed Jul 15, 2009 at 09:38:32 AM EST
    Proud to say he is my Senator.

    Parent
    Coburn is a nut (none / 0) (#42)
    by andgarden on Wed Jul 15, 2009 at 09:37:37 AM EST


    I guess this is going to be (none / 0) (#46)
    by Anne on Wed Jul 15, 2009 at 09:40:58 AM EST
    30 minutes of abortion talk.  Ugh.

    She's going to pretty much dodge these questions, it looks like.

    Parent

    She has to (none / 0) (#49)
    by andgarden on Wed Jul 15, 2009 at 09:42:23 AM EST
    BTW, the Court as it's composed today, with Alito having replaced O'Connor, will allow almost any abortion restriction.

    Parent
    Coburn (none / 0) (#50)
    by lilburro on Wed Jul 15, 2009 at 09:42:33 AM EST
    is begging her to be a (conservative) activist judge here.  "Should technology make a difference?"  

    Parent
    Is Coburn going to approve the (5.00 / 2) (#76)
    by MO Blue on Wed Jul 15, 2009 at 10:00:54 AM EST
    funds to keep each and every 21 week premature alive and any and all funds that might be necessary to address any other medical problems related to the premature birth?

    Parent
    Ooo (none / 0) (#53)
    by lilburro on Wed Jul 15, 2009 at 09:44:16 AM EST
    she is smacking him down.  "That is not a question the Court reaches out to answer.  We don't make policy. (paraphrase)."

    Parent
    But actually (none / 0) (#99)
    by Steve M on Wed Jul 15, 2009 at 10:19:49 AM EST
    if the operative test is whether a given restriction creates an "undue burden" on the right to reproductive choice, then a court has to consider technology and other real-world factors in the course of determining how much of a burden is created.  I realize for purposes of a confirmation hearing she's better off pretending that there's some answer written down in the law somewhere and all she has to do is mechanically apply it, but we know that's not really how it works.  And we certainly wouldn't want the courts to defer to legislative determinations of whether something is an undue burden, because that would destroy the whole point!

    Parent
    I see what you mean (5.00 / 1) (#107)
    by lilburro on Wed Jul 15, 2009 at 10:27:57 AM EST
    in context, I thought Coburn was trying to weasel out of her an assumption she would bring to any case - that is, if it is at all theoretically/technically feasible to call the fetus alive (the "heartbeat") or save the fetus, then a woman's reproductive rights are overriden.  The way he said it I thought was a personal/philosophical question to her.

    As far as abortion in general goes, I would say that a woman's right overrules possible technology - and I do not see the states providing women's health services at such a high level that it wouldn't be an undue burden on the woman in question.

    Parent

    Ew (none / 0) (#47)
    by jbindc on Wed Jul 15, 2009 at 09:41:52 AM EST
    picturing HIM pregnant.  Maybe he can be like that other man who made news by giving birth twice.

    Parent
    He's the fellow whose daughter is an (none / 0) (#51)
    by oculus on Wed Jul 15, 2009 at 09:42:37 AM EST
    opera singer, including w/Washington Opera, and he tried to excise all NEA funding from stimlus bill.  Definitely not letting his empathy get in the way of his politics.

    Parent
    If I could remove a Senator, he would probably (none / 0) (#52)
    by andgarden on Wed Jul 15, 2009 at 09:44:11 AM EST
    be on the top of the list.

    Parent
    Are we looking at (none / 0) (#101)
    by Steve M on Wed Jul 15, 2009 at 10:20:59 AM EST
    another Margaret Truman scenario?

    Parent
    Hey (none / 0) (#110)
    by jbindc on Wed Jul 15, 2009 at 10:29:22 AM EST
    I liked all her books!

    Parent
    Apparently the daughter is (none / 0) (#119)
    by oculus on Wed Jul 15, 2009 at 10:48:26 AM EST
    a good singer with a promising career.  She doesn't only sing in D.C.  Funny comment though.

    Parent
    Senator: I don't expect you to answer this, (none / 0) (#54)
    by oculus on Wed Jul 15, 2009 at 09:46:27 AM EST
    but I do expect you to PAY ATTENTION.  

    Coburn: zealous advocate for guns and no abortions (none / 0) (#61)
    by byteb on Wed Jul 15, 2009 at 09:53:14 AM EST
    I wonder if he's for the death penalty.

    Coburn thinks that the 14th Amendment (none / 0) (#62)
    by andgarden on Wed Jul 15, 2009 at 09:53:18 AM EST
    was about firearm ownership.

    Judge, please explain how we got from this (none / 0) (#71)
    by oculus on Wed Jul 15, 2009 at 09:57:33 AM EST
    slender pamphlet to where we are today.

    Parent
    They forget to look their past (none / 0) (#66)
    by SDU Polticsdotcom on Wed Jul 15, 2009 at 09:54:46 AM EST
    The thing that amazes me most about the "wise Latina" upset is that Sotomayor has to defend her background just because she is a woman and not white. Yet, hasn't US history shown that white men have made many poor decisions, but we never see their cultural background questioned.

    is it a surprise (none / 0) (#70)
    by Capt Howdy on Wed Jul 15, 2009 at 09:56:46 AM EST
    that they do not question themselves?

    Parent
    14th amendment exists to restore gun ownership? (none / 0) (#67)
    by caseyOR on Wed Jul 15, 2009 at 09:54:59 AM EST
    Is Coburn right here? Was restoring gun ownership to freedmen the impetus for the 14th amendment? I've never heard this theory before.

    Somebody help me out here.

    You'd have to look at the Congressional (none / 0) (#69)
    by andgarden on Wed Jul 15, 2009 at 09:56:21 AM EST
    debate. I'll bet at least one Congressman probably said something about it.

    But the 14th means whatever we want it to mean.

    Parent

    Damn, she's good (none / 0) (#77)
    by vicndabx on Wed Jul 15, 2009 at 10:01:14 AM EST
    hypothetical on the self-defense question.

    She left out a crucial consideration (none / 0) (#80)
    by oculus on Wed Jul 15, 2009 at 10:03:55 AM EST
    though.  Was the amount of force used in self defense reasonable under the circumstances?

    Parent
    "Cite for me your authority" (none / 0) (#78)
    by andgarden on Wed Jul 15, 2009 at 10:02:32 AM EST
    Pfft, "common law," moron.

    See also, (5.00 / 1) (#84)
    by andgarden on Wed Jul 15, 2009 at 10:04:42 AM EST
    the difference between binding precedent and persuasive precedent.

    Parent
    Shorter Coburn: (none / 0) (#81)
    by Anne on Wed Jul 15, 2009 at 10:04:08 AM EST
    Gun rights?  Damn right!  Yee-haw!

    Reproductive rights?  Hell, no!  Barefoot and pregnant all the way!

    heh (none / 0) (#86)
    by vicndabx on Wed Jul 15, 2009 at 10:05:19 AM EST
    yee-haw

    Parent
    What's the obsession with "foreign law"? (none / 0) (#85)
    by caseyOR on Wed Jul 15, 2009 at 10:04:46 AM EST
    that Coburn is drilling her about now? Why is he hitting this so hard?

    It's about Gitmo and gay rights (none / 0) (#88)
    by andgarden on Wed Jul 15, 2009 at 10:06:31 AM EST


    Parent
    It's the right-wing concern (none / 0) (#102)
    by Steve M on Wed Jul 15, 2009 at 10:23:35 AM EST
    that the US is going to cede its sovereignty to some sort of "world government" and that we're all going to be forced to live according to icky international law as opposed to laws made right here in the good old U.S.A.

    Parent
    That too (none / 0) (#105)
    by andgarden on Wed Jul 15, 2009 at 10:24:42 AM EST
    Black helicopters and all.

    Parent
    Black helicopters, of course. (5.00 / 2) (#109)
    by caseyOR on Wed Jul 15, 2009 at 10:28:44 AM EST
    I forgot that the greatest threats to US sovereignty are the massive military might of the United Nations and the far-reaching legal tentacles of the Hague.

    Don't know how that slipped my mind.

    Parent

    Now you are stereotyping black helicopters (5.00 / 1) (#113)
    by Militarytracy on Wed Jul 15, 2009 at 10:33:10 AM EST


    Parent
    "helicopters of color" (5.00 / 2) (#121)
    by Steve M on Wed Jul 15, 2009 at 10:51:20 AM EST


    Parent
    What can one say about Coburn? (none / 0) (#89)
    by Big Tent Democrat on Wed Jul 15, 2009 at 10:06:36 AM EST
    The man is arguing for juduical activism and does not seem to know it.

    The nicest thing I can say about Tom Coburn... (5.00 / 2) (#94)
    by Tony on Wed Jul 15, 2009 at 10:11:44 AM EST
    is that he is not he worst senator from the state of Oklahoma.

    Parent
    Uh-oh, somebody's flustered (none / 0) (#90)
    by vicndabx on Wed Jul 15, 2009 at 10:06:44 AM EST
    Coburn's lines of attack ain't working.

    Sheldon Whitehouse (none / 0) (#92)
    by jbindc on Wed Jul 15, 2009 at 10:08:31 AM EST
    sounds like Steve Martin

    As long as Utah, and California (none / 0) (#123)
    by NYShooter on Wed Jul 15, 2009 at 11:13:30 AM EST
    get the same number of Senators, and the SC stays 5-4 in our lifetime, they don't care who they p$ss off.

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

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