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The Range
Law & Order
Great Article on Judge Sotomayor from Newt Gingrich
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<blockquote data-quote="jeffsoward" data-source="post: 686112" data-attributes="member: 7228"><p>I have to tell you, I wasn't expecting much but this is a very well written article. It exemplifies the situation exactly as it should.</p><p>I know that impartiality is nearly impossible for most and people draw from experiences to form opinions (and honestly, that's what the SCOTUS issues). But SCOTUS judges are held to a higher standard because of the position.</p><p>I have felt strongly about the firefighter issue and I still do. If anyone ever aspires to change racist mentality, the issue of race must be rendered obsolete. For a court to deny one person advancement to allow the other to catch up because of the color of their skin or their religion is flatly wrong.</p><p>I feel that the ruling on the firefighters belies "Equal Justice Under Law". The Judges felt that Ricci (the firefighter) had no Title VII claim (Civil Right against racial discrimination). But isn't that exactly what happened?</p><p> I believe one race was considered above another in this case, and isn't that the definition of discrimination?</p><p>Sotomayor/ Three judge opinion on the case is here;</p><p><a href="http://www.criminallawlibraryblog.com/Sotomayor_2008Opinion_Ricci.pdf" target="_blank">http://www.criminallawlibraryblog.com/Sotomayor_2008Opinion_Ricci.pdf</a></p><p></p><p>Barring any racial overtones about the original case, the Municipality discarded all test results because of a disparity in the number of one race that scored poorly. The municipality felt that this could have negative implications with regard to race. The Lower court agreed, and the Appelate affirmed the ruling by Summary Order, but withdrew it and made it Per Curiam Opinion (to make it look like the whole court agreed)of the Second Circuit Court.</p><p></p><p>Oddly enough, 6 judges from the Second Circuit Court dissented, their findings here;</p><p><a href="http://www.newhaven20.com/cabranesonlydissent.pdf" target="_blank">http://www.newhaven20.com/cabranesonlydissent.pdf</a></p><p></p><p>Whether she is moderate "most" of the time or not, this sort of ruling requires everyone to scrutinize her actions, feelings, statements, and rulings.</p><p></p><p>This ruling could be overturned by the SCOTUS and is in process now, but what happens when she, as a part of the SCOTUS panel, makes this decision?</p><p></p><p>Sorry for the semi-hijack, I just want to add to the questioning of her credentials.</p></blockquote><p></p>
[QUOTE="jeffsoward, post: 686112, member: 7228"] I have to tell you, I wasn't expecting much but this is a very well written article. It exemplifies the situation exactly as it should. I know that impartiality is nearly impossible for most and people draw from experiences to form opinions (and honestly, that's what the SCOTUS issues). But SCOTUS judges are held to a higher standard because of the position. I have felt strongly about the firefighter issue and I still do. If anyone ever aspires to change racist mentality, the issue of race must be rendered obsolete. For a court to deny one person advancement to allow the other to catch up because of the color of their skin or their religion is flatly wrong. I feel that the ruling on the firefighters belies "Equal Justice Under Law". The Judges felt that Ricci (the firefighter) had no Title VII claim (Civil Right against racial discrimination). But isn't that exactly what happened? I believe one race was considered above another in this case, and isn't that the definition of discrimination? Sotomayor/ Three judge opinion on the case is here; [url]http://www.criminallawlibraryblog.com/Sotomayor_2008Opinion_Ricci.pdf[/url] Barring any racial overtones about the original case, the Municipality discarded all test results because of a disparity in the number of one race that scored poorly. The municipality felt that this could have negative implications with regard to race. The Lower court agreed, and the Appelate affirmed the ruling by Summary Order, but withdrew it and made it Per Curiam Opinion (to make it look like the whole court agreed)of the Second Circuit Court. Oddly enough, 6 judges from the Second Circuit Court dissented, their findings here; [url]http://www.newhaven20.com/cabranesonlydissent.pdf[/url] Whether she is moderate "most" of the time or not, this sort of ruling requires everyone to scrutinize her actions, feelings, statements, and rulings. This ruling could be overturned by the SCOTUS and is in process now, but what happens when she, as a part of the SCOTUS panel, makes this decision? Sorry for the semi-hijack, I just want to add to the questioning of her credentials. [/QUOTE]
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