Deus Ex Machina
Member
PantherLotus said:
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PoliGAF Thread of PRESIDENT OBAMA Checkin' Off His List
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maximum360
Member
AniHawk said:
The media's loving this. With NK test-firing missiles daily and Iran rejecting US/UN proposals it gives conservatives/current administration opponents talking points. And if there's anything the media is good at is sensationalizing.
So I'm sure we're going to hear a lot of "The president is wrong. We should not be talking to these dictators", with no real solutions offered.
BenjaminBirdie
Banned
It's Sotomayor.
Smiles and Cries
Member
Kim is one funny guy
Obama made his choice for supremo court justiso! El Latina grande hmmm never mind
Obama made his choice for supremo court justiso! El Latina grande hmmm never mind
SouthernDragon
Member
How can we be sure N. Korea's nuclear test wasn't just Kim calling S. Korea and popping a paper bag near the receiver?
I doubt they are capable of much else.
I doubt they are capable of much else.
gutter_trash
Banned
I will speculate and say the Kim Jung Ill is on his death bed and he is making the most of his final days of his life by kicking it with nuke tests and pissing the world off.
I wouldn't be surprised if he goes off with a bang before he kicks the bucket
I wouldn't be surprised if he goes off with a bang before he kicks the bucket
PantherLotus
Professional Schmuck
Obama To Pick Sotomayor For Court
Obama To Nominate Second Circuit Judge Sotomayor To SCOTUS
By Brian Beutler - May 26, 2009, 8:47AM
Obama To Nominate Second Circuit Judge Sotomayor To SCOTUS
By Brian Beutler - May 26, 2009, 8:47AM
Barack Obama will nominate Second Circuit Court of Appeals Judge Sonia Sotomayor to the Supreme Court this moring at 10:15 a.m. according to numerous reports.
Sotomayor is 54 years old, and was appointed to her first federal judgeship by George Herbert Walker Bush in 1991. If confirmed, she will be the Court's first Hispanic Justice, and will bring the number of women serving to two.
Justice David Souter announced last month that he'd step down from the court after almost 19 years. Sotomayor will fill the vacancy created by his retirement.
Sotomayor is 54 years old, and was appointed to her first federal judgeship by George Herbert Walker Bush in 1991. If confirmed, she will be the Court's first Hispanic Justice, and will bring the number of women serving to two.
Justice David Souter announced last month that he'd step down from the court after almost 19 years. Sotomayor will fill the vacancy created by his retirement.
PantherLotus
Professional Schmuck
^ I lol'd. Very good.
On a visual check alone, she's a Hispanic Woman replacing a white male. So she'll have tremendous support around the country in public opinion. Add in that she was promoted and confirmed by Republicans during HWB's term, and I think we're looking at a slam dunk.
Don't be surprised if you hear that she's an "activist judge" or "legislates from the bench" which I still think are hilarious phrases. Nobody that knows shit about our government would take those accusations, of any judge, seriously.
MoxManiac said:
On a visual check alone, she's a Hispanic Woman replacing a white male. So she'll have tremendous support around the country in public opinion. Add in that she was promoted and confirmed by Republicans during HWB's term, and I think we're looking at a slam dunk.
Don't be surprised if you hear that she's an "activist judge" or "legislates from the bench" which I still think are hilarious phrases. Nobody that knows shit about our government would take those accusations, of any judge, seriously.
PantherLotus
Professional Schmuck
Obama speech live now.
Jason's Ultimatum
Member
PantherLotus said:
Hmm. Let's see what the right has to say about this nominee.
My role here compels me to post the monthly CS numbers:
http://www.calculatedriskblog.com/
Similar/identical rates of decline as February.
http://www.calculatedriskblog.com/
Similar/identical rates of decline as February.
PantherLotus
Professional Schmuck
Check out his right eye. He's developing a 'bag' that wasn't there a year ago. I know it's early, though he's probably been up for 5 hours already. Sad to see somebody age right before your eyes.
Oh weird, his grey hair is missing!
Oh weird, his grey hair is missing!
PantherLotus
Professional Schmuck
scorcho said:
Which should be met with "Yale Graduate" and "more experience than any nominee in the last 100 years." The "only because of her gener and race" thing is something that dare not be aired by anybody in an electable position.
PantherLotus
Professional Schmuck
ClovingWestbrook
Banned
Is she an activist judge? You decide for yourself. She is about to be overturned by the Supreme Court for dismissing the following case without argument.
Edit: I shouldn't have included the bit of her being an activist judge. There is not enough info out there to say how she will vote one way or another on the court. I do think that this is an important case none the less.
http://www.csmonitor.com/2009/0109/p25s30-usju.html
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U.S. Supreme Court takes up 'reverse discrimination' case
White firefighters in New Haven, Conn., say the city should have considered test results.
By Warren Richey | Staff writer of The Christian Science Monitor
The US Supreme Court has agreed to take up a potential major reverse discrimination case examining the use of race as a factor in government hiring.
The announcement came Friday afternoon after the justices' private conference earlier in the day. The case will likely be argued in April.
It stems from a 2004 lawsuit filed by white firefighters in New Haven, Conn., who say they passed an exam for a job promotion only to have the test results thrown out because no African-American candidate received a high enough score to also be considered for promotion.
City officials said they wanted to add diversity to management ranks within the fire department. They made special efforts to design a test process that would reduce any bias that might disadvantage minority candidates.
But when no blacks and only two Hispanic applicants qualified for consideration for the management jobs, the city decided to scrap the entire test.
Seventeen white firefighters and one Hispanic firefighter who passed the test sued, claiming the city violated their constitutional right to equal treatment. They also charged that the city violated Title VII of the Civil Rights Act by discriminating against them solely because they weren't black.
A federal judge threw the case out. "The decision to disregard the test results affected all applicants equally," US District Judge Janet Bond Arterton said in a 48-page opinion. Those who passed the test were only given an opportunity for promotion, she said, not a guaranteed job.
The test was designed to narrow the field among potential candidates for seven openings for fire department captains and eight vacancies for lieutenants. Forty-one applicants competed for the captain jobs. Seventy-seven applicants vied for the lieutenant positions.
Among the firefighters who sued was Frank Ricci. He said he studied eight to 13 hours a day to prepare for the test and that he spent more than $1,000 on books and paid someone to record the study materials on tape because he is dyslexic and learns better by listening.
The white firefighters said the city yielded to political pressure from a vocal African-American minister and supporter of New Haven Mayor John DeStefano. The minister had been urging more diversity among managers at the fire department, a goal shared by city officials.
There is no indication in the court record that overt race discrimination played a role in the failure of the 27 African-American job applicants (eight for captain, 19 for lieutenant) to pass a test that had been designed to help them perform well.
City officials justified their invalidation of the hiring exam by noting that the test results if certified and used would impose a disparate impact on black job applicants. None would be eligible for the open jobs.
Judge Arterton ruled that the disparate impact justified the use of voluntary race-conscious remedies by the city the exclusion of the qualified white and Hispanic firefighters.
"New Haven did not race-norm the scores [to favor minority candidates], they simply decided to start over," the judge said. "While the evidence shows that race was taken into account in the decision not to certify the test results, the result was race-neutral: all the test results were discarded."
The firefighters appealed. More than a year and a half later, a three-judge panel of the Second US Circuit Court of Appeals affirmed Judge Arterton's ruling. The panel issued a one-paragraph decision praising Judge Arterton's "thorough, thoughtful, and well-reasoned opinion."
"We are not unsympathetic to the plaintiffs' expression of frustration," the panel wrote. "Mr. Ricci, for example, who is dyslexic, made intensive efforts that appear to have resulted in his scoring highly on one of the exams, only to have it invalidated. But it simply does not follow that he has a viable Title VII claim."
The appeals court panel concluded that city officials acted within the law when they threw out the test results. They were simply trying to fulfill their obligations under anti-discrimination laws when confronted with test results that produced a disproportionate racial impact, the panel said.
The appeals court decision sparked an unusual level of rancor among the 13 judges of the Second Circuit. Six judges voted to re-hear the New Haven firefighters' case. Seven voted to deny a rehearing.
In a 12-page dissent from that denial, Circuit Judge Jose Cabranes said the three-judge panel should have issued a full opinion examining the case. Failing that, the entire Second Circuit should have taken up the case, he said.
"This court has failed to grapple with the questions of exceptional importance raised in this appeal," Judge Cabranes said. "If the Ricci plaintiffs are to obtain such an opinion from a reviewing court, they must now look to the Supreme Court," he said. "Their claims are worthy of that review."
The case is Ricci v. DeStefano (07-1428 and 08-328).
Edit: I shouldn't have included the bit of her being an activist judge. There is not enough info out there to say how she will vote one way or another on the court. I do think that this is an important case none the less.
http://www.csmonitor.com/2009/0109/p25s30-usju.html
Subscribe | E-mail newsletters | RSS
U.S. Supreme Court takes up 'reverse discrimination' case
White firefighters in New Haven, Conn., say the city should have considered test results.
By Warren Richey | Staff writer of The Christian Science Monitor
The US Supreme Court has agreed to take up a potential major reverse discrimination case examining the use of race as a factor in government hiring.
The announcement came Friday afternoon after the justices' private conference earlier in the day. The case will likely be argued in April.
It stems from a 2004 lawsuit filed by white firefighters in New Haven, Conn., who say they passed an exam for a job promotion only to have the test results thrown out because no African-American candidate received a high enough score to also be considered for promotion.
City officials said they wanted to add diversity to management ranks within the fire department. They made special efforts to design a test process that would reduce any bias that might disadvantage minority candidates.
But when no blacks and only two Hispanic applicants qualified for consideration for the management jobs, the city decided to scrap the entire test.
Seventeen white firefighters and one Hispanic firefighter who passed the test sued, claiming the city violated their constitutional right to equal treatment. They also charged that the city violated Title VII of the Civil Rights Act by discriminating against them solely because they weren't black.
A federal judge threw the case out. "The decision to disregard the test results affected all applicants equally," US District Judge Janet Bond Arterton said in a 48-page opinion. Those who passed the test were only given an opportunity for promotion, she said, not a guaranteed job.
The test was designed to narrow the field among potential candidates for seven openings for fire department captains and eight vacancies for lieutenants. Forty-one applicants competed for the captain jobs. Seventy-seven applicants vied for the lieutenant positions.
Among the firefighters who sued was Frank Ricci. He said he studied eight to 13 hours a day to prepare for the test and that he spent more than $1,000 on books and paid someone to record the study materials on tape because he is dyslexic and learns better by listening.
The white firefighters said the city yielded to political pressure from a vocal African-American minister and supporter of New Haven Mayor John DeStefano. The minister had been urging more diversity among managers at the fire department, a goal shared by city officials.
There is no indication in the court record that overt race discrimination played a role in the failure of the 27 African-American job applicants (eight for captain, 19 for lieutenant) to pass a test that had been designed to help them perform well.
City officials justified their invalidation of the hiring exam by noting that the test results if certified and used would impose a disparate impact on black job applicants. None would be eligible for the open jobs.
Judge Arterton ruled that the disparate impact justified the use of voluntary race-conscious remedies by the city the exclusion of the qualified white and Hispanic firefighters.
"New Haven did not race-norm the scores [to favor minority candidates], they simply decided to start over," the judge said. "While the evidence shows that race was taken into account in the decision not to certify the test results, the result was race-neutral: all the test results were discarded."
The firefighters appealed. More than a year and a half later, a three-judge panel of the Second US Circuit Court of Appeals affirmed Judge Arterton's ruling. The panel issued a one-paragraph decision praising Judge Arterton's "thorough, thoughtful, and well-reasoned opinion."
"We are not unsympathetic to the plaintiffs' expression of frustration," the panel wrote. "Mr. Ricci, for example, who is dyslexic, made intensive efforts that appear to have resulted in his scoring highly on one of the exams, only to have it invalidated. But it simply does not follow that he has a viable Title VII claim."
The appeals court panel concluded that city officials acted within the law when they threw out the test results. They were simply trying to fulfill their obligations under anti-discrimination laws when confronted with test results that produced a disproportionate racial impact, the panel said.
The appeals court decision sparked an unusual level of rancor among the 13 judges of the Second Circuit. Six judges voted to re-hear the New Haven firefighters' case. Seven voted to deny a rehearing.
In a 12-page dissent from that denial, Circuit Judge Jose Cabranes said the three-judge panel should have issued a full opinion examining the case. Failing that, the entire Second Circuit should have taken up the case, he said.
"This court has failed to grapple with the questions of exceptional importance raised in this appeal," Judge Cabranes said. "If the Ricci plaintiffs are to obtain such an opinion from a reviewing court, they must now look to the Supreme Court," he said. "Their claims are worthy of that review."
The case is Ricci v. DeStefano (07-1428 and 08-328).
PantherLotus
Professional Schmuck
You have to be able to define "activist judge" before you spew bullshit. Thanks.
ClovingWestbrook
Banned
http://www.nytimes.com/2009/05/15/us/15judge.html
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 who hasnt lived that life, said Judge Sotomayor, who is now considered to be near the top of President Obamas list of potential Supreme Court nominees.
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 who hasnt lived that life, said Judge Sotomayor, who is now considered to be near the top of President Obamas list of potential Supreme Court nominees.
Define 'activist judge,' and from what friends have mentioned (and what I've only loosely read) she conforms to the current stock of liberal judges on the Court. She isn't an extremely progressive judge.
Hey loving - you mean that personal experiences can't possibly inform a judge's opinion?
Hey loving - you mean that personal experiences can't possibly inform a judge's opinion?
ClovingWestbrook
Banned
PantherLotus said:
Howabout you read the article first bud. Of course, if you are ok with white firefighters not receiving a promotion simply because they are white, than hey, more power to you. I should add they had to take a test for the promotion for which they passed but no african american did. The county decided not to give the promotion to anyone because no african american passed the test. BTW, an hispanic male also passed the test. The counties decision was confirmed to be solely based on no african american passing the same test.
PantherLotus
Professional Schmuck
I'm already familiar with the case, "bud." Now try coming to your own legal conclusions before forwarding your talking points to the masses. It would help to know what you think you mean, because it doesn't mean what you think it means.
I would say that's generally self-evident, although poorly stated. If that's all you got, this is a slam dunk.
Also, you really need to define "activist judge" before dropping that bullshit into an informed discussion.
LovingSteam said:
I would say that's generally self-evident, although poorly stated. If that's all you got, this is a slam dunk.
Also, you really need to define "activist judge" before dropping that bullshit into an informed discussion.
ClovingWestbrook
Banned
PantherLotus said:
Again bud, read the article I posted FIRST. I.E. her dismissing a case in which firefighters lost their promotion because there no african american male passed the same test. I would say you are dropping more BS than I am here. You are dismissing any bias against her simply because repubs may have a problem with her.
PantherLotus
Professional Schmuck
Define activist judge and stop avoiding it. Or stop using it.
ClovingWestbrook
Banned
Cheebs said:
The problem is she is acting as though because she is latina she has a better perspective. Also, realize justice is suppose to be blind. That is why in front of every court they have a statue of some sort with a justice wearing a blindfold. Her being a minority shouldn't affect her decision making at all. Empathy isn't suppose to come into play when making a decision based solely on facts and the constitution.
ClovingWestbrook
Banned
syllogism said:
And she is the only one being pushed for the supreme court so its an important decision she made.
ClovingWestbrook
Banned
Cheebs said:
Simple, when JUDGING a case you are not suppose to let your experience or the identity of the plantiff/defendant effect your decision making. Its based on facts and facts alone.
PantherLotus
Professional Schmuck
Hmmm
The Politico says that Republicans are in the difficult position of perhaps needing to hold their fire because of the political dangers of attacking a "Latina single mother."
But the Post says Sotomayor, who was married briefly when she was younger, has no children. And as far as we can tell, they're right: she has no children.
--Josh Marshall
But the Post says Sotomayor, who was married briefly when she was younger, has no children. And as far as we can tell, they're right: she has no children.
--Josh Marshall
ClovingWestbrook
Banned
Cheebs said:
Which is the problem. Empathy isn't suppose to play a role and to say that from the get go this candidate will have empathy play a role is wrong from the get go.
PantherLotus
Professional Schmuck
"supposed"
1. You don't even know what you're saying when you say "activist judge."
2. Anti-Abortion anybody? Isn't that the biggest case for "empathy?"
LovingSteam said:
1. You don't even know what you're saying when you say "activist judge."
2. Anti-Abortion anybody? Isn't that the biggest case for "empathy?"
ClovingWestbrook
Banned
syllogism said:
So you are making an assumption that I haven't studied law. Second, I didn't say it, many lawyers I know have said the same thing. If you a have a poor person in a court and them defending themselves/making a case against a rich person, should the person's economic status play a role in making a decision? No. The facts should play a part. Unless the facts are effected by the economic status then the such status shouldn't play a role in the decision making. Now, if you can honestly tell me why a firefighter should lose his promotion because a man of a different race wasn't qualified, then go for it. It is racism and nothing more.
ClovingWestbrook
Banned
PantherLotus said:
You brought up anti-abortion, I never mentioned it. You assume that for people who disagree with this pick that her abortion view is the preeminent issue. I never mentioned it once.
PantherLotus
Professional Schmuck
PantherLotus
Professional Schmuck
LovingSteam said:
What is an activist judge? What does "legislate from the bench" mean?
The problem is you are arguining a judicial opinion as if it is fact.
It is your OPINION that judge's shouldn't use empathy.
It is your OPINION that judges should be strict constructionists.
Neither of which are factual requirements for the SC. It's all judicial theory, none more valid than the next.
Saying a judge "should" not use empathy is wrong, there is nothing a judge should or should not do when it come to this. It's up the judge's personal opinion to make that call.
It is your OPINION that judge's shouldn't use empathy.
It is your OPINION that judges should be strict constructionists.
Neither of which are factual requirements for the SC. It's all judicial theory, none more valid than the next.
Saying a judge "should" not use empathy is wrong, there is nothing a judge should or should not do when it come to this. It's up the judge's personal opinion to make that call.
ClovingWestbrook
Banned
PantherLotus said:
Amazing. You continually post information or opinions, including statements about me without even making mention of her opinion on the firefighter case. If you want to say anyone is an activist I would say you are showing that you accept the pick without even knowing anything about her simply because Obama nominated her.
PantherLotus
Professional Schmuck
LovingSteam said:
What is an activist judge?
ClovingWestbrook
Banned
Cheebs said:
No, I can say one shouldn't use empthay since empathy isn't factual. Empathy will give one person a "one up" over another. Little johnny lost his mother when he was 15 so the defendant is a dead beat dad, well little johnny has had a much more difficult life. Well if the case is related to being a dead beat dad or losing ones parent than those are facts that can play a part. However, if the case is about something not related to either of the two mens life experience regarding these two areas then it shouldn't play a role at all.
PantherLotus
Professional Schmuck
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
YOU DON'T KNOW WHAT AN ACTIVIST JUDGE IS!
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