Mario Diaz: Sotomayor Stands Alone

columnistDiaz

This is a fantastic column by a Latino about Sonia Sotomayor:

“Personal experiences affect the facts that judges choose to see. My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar. I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.” — Judge Sonia Sotomayor, October 26, 2001 speech at the University of California–Berkley.

Really? So now judges are supposed to ignore facts because they don’t comport with their heritage? As a Hispanic, I can proudly say Judge Sotomayor’s views do not represent my views or those of the Hispanic community in which I participate. Do you want to know what we believe in? We believe in justice, fairness, freedom, and equality. I have never met a Latino who thinks he is wiser than a white person because he is a Latino. Sotomayor stands alone on that one.

Although I proudly join her in celebrating her heritage, I strongly disagree with her judicial philosophy. I believe judges must look away from personal heritage and look to the rule of law. Judge Sotomayor’s own words indicate that she is incapable of doing this. Therefore, senators should not confirm her to the Supreme Court.

The idea that personal experience instead of facts and law should determine the outcome of cases runs counter to the underlying premise upon which our judicial system is founded: Equal Justice Under the Law. President Obama and Judge Sotomayor have apparently proposed a new system: Justice According to Race, Gender or Sexual Preference. They propose we rip the blindfold from Lady Justice, destroying the very foundation of the ideals we strive for.

One need look no further than the Ricci and Maloney opinions to understand why everyone, including Latinos, should be concerned about Judge Sotomayor’s judicial philosophy.

Sotomayor’s opinion in Ricci is just the latest example of her judicial philosophy in which she chooses to ignore facts to advance a cause in which she believes. Apparently discrimination against certain kinds of people is okay with Sotomayor, no matter what the law says. Reversing her decision, the very Supreme Court to which she aspires was clear in its disagreement with such a stance, stating, “[t]he City made its employment decision because of race. [It] rejected the test results solely because the higher scoring candidates were white. … [A]fter the tests were completed, the raw racial results became the predominant rationale for the City’s refusal to certify the results.”

In Maloney, Judge Sotomayor ruled that “[i]t is settled law … the Second Amendment applies only to limitations the federal government seeks to impose on this right.” She based her ruling on a case that dated back to 1886, before the Supreme Court ruled that the Bill of Rights applies to the states. In Judge Sotomayor’s view, every amendment in the Bill of Rights, except the Second Amendment, represents a fundamental right. Why? Because she says so.

Ironically, while Judge Sotomayor believes that gun ownership is not a fundamental right, she believes that the right to have an abortion is fundamental.

No matter your heritage, Americans should be concerned about a judge who believes that the “court of appeals is where policy is made.” The bench is not the place to create, make, or advance personal preferences on public policy and impose them on the American people.

An activist ruling by the Supreme Court comes with dire consequences. In examining Judge Sotomayor’s record, senators must look past her Latina heritage and directly at her judicial philosophy. A Justice of the Supreme Court, regardless of his or her heritage, must be able to uphold Constitutional principles for all people, not just the ones that look like me.

Says it all, doesn’t it?

You can access the original column on-line here:

Sotomayor Stands Alone
Mario Diaz
TownHall.com
July 13, 2009

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Leftist Democrat Double Standard: Sotomayer Gets A Pass On Racist Comments, Affiliations

I’ve said it before and I’ll say it again: If it weren’t for double standards, the Dems would have no standards at all. Take for example Supreme Court Nominee Sonia Sotomayor and the statements she has made about race:

“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male …”

Now, let’s say the situation were reversed and a generic white man said, “I would hope that a wise white man with the richness of his experiences would more often than not reach a better conclusion than a latina woman…”

Would not the leftist Dems in Congress be screaming that this generic white man was a “racist” and therefore should not be considered for the highest court in the land?

Absolutely they would. So, why aren’t they applying the same standard to Sotomayor?

Because the Dems are hypocrites. Ditto for any Republican who supports Sotomayor without calling her on her racist remarks.

What else has Sotomayor done that’s racist?

Read this from Sean O’Donnel of the Baltimore Republican Examiner:

[W]hen firefighter Frank Ricci – the lead plaintiff in Ricci v. DeStefano – claimed racial discrimination by being denied a promotion and appealed to the Second Circuit Court of Appeals (after losing in the federal district court), Judge Sotomayor denied his claim. The Washington Post wrote that Sotomayor’s decision “was devoid of legal reasoning for affirming the decision of a lower district judge, a curious dismissal for a case that represents significant questions of law and the Constitution.”

Even the left-leaning Washington Post can see the racial sentiments of Sotomayor.

More:

When Sotomayor served as a judge on the Second Circuit Court of Appeals, she was a member of National Council of La Raza – the largest national Latino advocacy and civil rights group in the country. NCLR has been criticized for advocating separatist views and has been accused of encouraging illegal immigration. Former Congressman Tom Tancredo (R-Colo.) has described NCLR as “a Latino KKK without the hoods or nooses.”

Any one of these situations would completely disqualify a white man. We should hold Sotomayor to the same exact standard. Anyone who does not is nothing more than an arrogant hypocrite.

You can access the complete column on-line here:

Is Supreme Court Nominee Sonia Sotomayor Racist?
Sean O’Donnell
Baltimore Republican Examiner
June 3, 2009