GOP senators weigh options in Sotomayor’s wake

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Posted on 17th July 2009 by gjohnson in Uncategorized

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Sonia Sotomayor seems to have made it thru the Senate confirmation hearings without creating a major political issue for the Republicans or some misstep which would threaten her nomination. Life in American politics has changed when only some Republicans are willing to take on directly a pro-abortion, liberal judge. Clearly there has been a shift to the left and these hearings are more evidence of that.

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Date: 7/17/2009 10:41 AM

JESSE J. HOLLAND,Associated Press Writer


WASHINGTON (AP) — Supreme Court nominee Sonia Sotomayor won her first public pledge of support from a Republican senator Friday, after a smooth performance at her confirmation hearings that has placed her firmly on track to become the high court’s first Latina and the first Democratic-named justice in 15 years.

Sen. Richard Lugar, R-Ind., announced that he would vote for Sotomayor, calling her “clearly qualified to serve on the Supreme Court,” after four days of Judiciary Committee hearings in which he said she showed “a judicial temperament.” Lugar, who previously voted to confirm Sotomayor to her current spot on a federal appeals court, was just the first of what is expected to be a number of Republicans who back Sotomayor.

The only other Republicans to publicly weigh in on Sotomayor’s nomination are two of the Senate’s staunchest conservatives, Sens. James Inhofe of Oklahoma and Jim Bunning of Kentucky, who have said they intend to vote no on President Barack Obama’s first high court choice.

With Democrats solidly behind Sotomayor, three days of grueling questioning before the Senate Judiciary Committee gave Republicans no new ammunition to use against the 55-year-old nominee, who was raised in a South Bronx housing project, educated in the Ivy League, and rose through the legal ranks to spend 17 years on the federal bench.

Now GOP senators are weighing the tricky politics of voting on Sotomayor’s confirmation without alienating either their conservative base or Hispanic and women voters.

The GOP’s leader at the confirmation hearings, Sen. Jeff Sessions of Alabama has said he has no interest in stopping or even delaying Sotomayor’s confirmation vote as the country’s 111th Supreme Court justice.

“I look forward to you getting that vote before we recess” on in Aug. 7, said Sessions, despite calls from some conservatives to delay the vote until after the Senate returns in September from its summer break.

“Each senator will make up their own mind,” Sessions said.

Sotomayor has overwhelming if not unanimous support among the Senate’s 58 Democrats and two independents.

Democrats, sensing a big win, immediately scheduled a committee vote Tuesday, starting the clock on a schedule for a final confirmation vote before the Senate leaves in August for a four-week summer break as well as before the next Supreme Court argument on Sept. 9.

Republicans will likely ask for a weeklong delay before the panel vote, but a unified GOP front against her also seems unlikely, given the praise Sotomayor got from a couple of GOP critics on the Judiciary Committee.

“Your judicial record strikes me as pretty much in the mainstream of judicial decision-making,” said Sen. John Cornyn, R-Texas. Added Sen. Lindsey Graham, R-S.C.: “You have, as a judge, been generally in the mainstream.”

The underlying politics are dicey for Republicans. They must be careful to keep faith with constituents like National Rifle Association members who oppose her, yet avoid offending the Hispanic voters who represent the fastest-growing segment of the electorate.

Sotomayor’s hearings were as much a prelude for future Supreme Court fights as a battle over the judge herself. Republicans criticized Obama’s assertion — made before nominating Sotomayor — that he was looking for a justice with “the quality of empathy,” and earlier an statement when he was a senator that some decisions depend on what’s in a judge’s heart.

They also pressed Sotomayor repeatedly on her 2001 statement that she hoped a “wise Latina” would usually rule better than a white male, drawing expressions of regret from the nominee, who said her words were poorly chosen.

Sotomayor parried all their questions on hot-button issues like guns and abortion rights and defended her speeches that have been faulted as showing bias.

She was unequivocal, however, in her statements on what kind of justice she would be. “I do not permit my sympathies, personal views or prejudices to influence the outcome of my cases,” she told senators.

Republicans, expressing concern that she would bring bias to the court, gave a speaking role at the hearing to Frank Ricci, a white New Haven, Conn., firefighter whose reverse discrimination claim was rejected by Sotomayor and two other appeals court judges. He complained that the ruling showed a belief “that citizens should be reduced to racial statistics” but declined when given the chance to say Sotomayor’s nomination should be rejected.

Her panel’s ruling was overturned last month by the Supreme Court she hopes to join.

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On the Net:

Senate Judiciary Committee: http://judiciary.senate.gov

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
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Historic Sotomayor confirmation hearings under way

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Posted on 13th July 2009 by gjohnson in Uncategorized

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With the hearings commencing today to confirm Supreme Court nominee Sonia Sotomayor, the Republicans get to dominate the headlines with their attacks on an experienced, liberal judge, because she believed in Affirmative Action. The Connecticut Fire fighters case will wrongly dominate the news of the confirmation of this judge who reach thousands of decisions in her years on the bench. Yet the Rush Limbaugh influenced part of the Republican party will try to make her qualifications about what they call “racism”, not whether she brings to the Court, a great mind which will help to shape our law into the future. By selecting Sotomayor for the bench, President Obama will help to restore a more civil liberty, consumer rights approach to American law. By attacking the first Hispanic woman nominated, the Republican’s may lose any political traction in this growingly important, swing ethnic group.
Attorney Gordon Johnson
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Date: 7/13/2009 10:01 AM

WASHINGTON (AP) — In the glare of bright lights, Sen. Patrick Leahy called to order confirmation hearings for Supreme Court nominee Sonia Sotomayor that she hopes will make history and knows will be closely followed by millions.

It was all happening in a large, square Senate office building hearing room, relatively unadorned compared to the cavernous sancturaries elsewhere on Capitol Hill. Leahy banged the gavel and looked straight into the eyes of the 55-year-old native New Yorker, welcoming her to the Senate Judiciary Committee.

Sotomayor (SUHN’-ya soh-toh-my-YOR’) would be the first Hispanic and third woman to sit on the high court bench. A smiling Sotomayor greeted some senators and took her seat, ready to hear opening statements and make her own case publicly for the first time.

The drama and tension of the moment was palpable as senators took their seats, photographers jockeyed for position and the hearing room was filled to capacity.

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

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Analysis: GOP struggles for anti-Sotomayor message

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Posted on 5th July 2009 by gjohnson in Uncategorized

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Date: 7/5/2009 8:21 AM

JULIE HIRSCHFELD DAVIS,Associated Press Writer


WASHINGTON (AP) — A week before her Senate hearings, Republicans are floundering in their efforts to trip up Supreme Court nominee Sonia Sotomayor, unable to find an effective message about why she’s not fit to serve.

Blame the tricky politics of opposing the woman who would be the first Hispanic justice, especially for a party struggling to broaden its base and whose chief spokesman on Sotomayor has a troubled history of racism allegations.

Add to that the mathematical impossibility of Republicans’ rejecting President Barack Obama’s first high court nominee, and it’s a recipe for a weak-kneed response.

Conservative activists have noticed, and they’re not happy.

“Too many Republicans and conservatives planned to lose instead of planning to win” the debate over Sotomayor, said Tom Fitton of Judicial Watch. His group has mounted strong opposition to the federal appeals court judge.

About half the Senate’s Republicans are willing to raise serious questions about Sotomayor and there’s “a sizable minority who — partly because she’s Hispanic — just want this to go away,” said Curt Levey of the Committee for Justice.

Conservative groups have sought to convince Senate Republicans that they can benefit politically by strongly opposing Sotomayor. But many of their leaders complain the message isn’t getting through.

During recent confrontations, some activists have told GOP senators, “Don’t throw away yet another conservative agenda item when it’s a successful one for you. Your base cares about this and you should, too,” said former Rep. David McIntosh, R-Ind., who’s advising some outside groups on Sotomayor’s nomination. “It was kind of a blunt message.”

There are good reasons for Republicans to be holding back, wondering what their best approach is to opposing a nominee who’s broadly acknowledged to be qualified and whose past rulings make it difficult to pigeonhole her as a liberal crusader.

The GOP has just 40 votes in the Senate — well short of the majority they would need to defeat Sotomayor or to sustain a drawn-out effort to block a final vote to confirm her.

Even if they could stall Sotomayor’s nomination, though, it’s evident that many Republicans don’t think it’s politically prudent to take on a Hispanic woman, given the GOP’s low standing in the polls and its efforts to appeal to women and minorities. Those groups traditionally have shunned the party.

The issue of race and ethnicity has proven a toxic one for the key Republican carrying the party message on Sotomayor: Alabama Sen. Jeff Sessions, the senior GOP member of the Senate Judiciary Committee, which begins hearings on Sotomayor on July 13.

Sessions’ own nomination for a federal judgeship in 1986 was scuttled by allegations that he made racist comments and targeted black civil rights leaders as a federal prosecutor in Alabama.

He denied those charges. But he did acknowledge making what he called some off-color “jokes,” such as calling civil rights groups such as the National Association for the Advancement of Colored People “un-American.”

Sessions has spoken in similar terms recently about a Puerto Rican legal advocacy group on whose board Sotomayor sat from 1980 until 1992.

“This is a group that has taken some very shocking positions with respect to terrorism,” Sessions said of LatinoJustice PRLDEF, citing its defense in 1990 of Puerto Rican nationalists who 36 years earlier had wounded five lawmakers during an attack on the House while it was in session.

Sessions said Thursday the group’s stances on issues from capital punishment to race were “extreme.” His staff raised concern about its ties with the community organizing group ACORN, which Republicans routinely describe as a radical organization.

Democrats said the GOP was grasping at straws.

It’s not that Republicans aren’t criticizing Sotomayor. Early on, they went out of their way to treat her gently, trying to distinguish themselves from party firebrands such as radio host Rush Limbaugh and former House Speaker Newt Gingrich who called her a racist.

In recent days, GOP senators have faulted her for her stance on gun rights, her ruling against white firefighters who alleged reversed discrimination, and her participation in the Puerto Rican legal advocacy group. They’ve raised questions about her ability to be “colorblind.”

Still, they’ve had to reach to score points against Sotomayor.

For instance, Republicans recently banded together to raise concerns about her position on gun rights. They held a news conference about an appeals court decision Sotomayor joined that said the Second Amendment’s protection against curbs on bearing arms applies only to the federal government — not to states.

That was in line with Supreme Court precedent on the issue, Sessions acknowledged, and presumably in keeping with GOP views that judges should be restrained.

But Sen. John Cornyn, R-Texas, criticized Sotomayor for taking a “cramped and restricted view of a basic civil liberty.” At the same time, Sen. Orrin Hatch, R-Utah, said Sotomayor had been too expansive in her ruling on the right to keep and bear arms. “I wish Judge Sotomayor had been similarly restrained on these issues” as other courts that ruled differently, he said.

The message was as clear as mud.

___

EDITOR’S NOTE — Julie Hirschfeld Davis has covered Congress and the White House for 11 years.

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

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Colin Powell attacks critics of Sotomayor

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Posted on 5th July 2009 by gjohnson in Uncategorized

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The below AP story discusses Colin Powell’s distaste for the Republican attacks on Supreme Court Nominee Sonia Sotomayor for racism. Affirmative Action is one of those legal and political issues upon which lawyers and politicians can have unique views which don’t necessarily line up squarely with party lines. The problem with the New Haven case is that the Fire Department rejected the test too late. They could have known going in that the test would disparately favor whites, because all such tests do. That doesn’t make the test racist, it makes it a test that discriminates in favor of those who did well in school and who worked hard to prepare for the test.

The most disturbing part of the test is that the test actually accurately reflects the difference in educational achievement between black males and white males. Why is our education system more than 50 years after forced federal integration of the schools, still so massively failing to educate blacks, especially black men?

I have hopes that this fact will change, primarily for two reasons:
1) The tearing down of the major inner city housing projects, like the Robert Taylor homes in Chicago; and
2) The Election of a brilliant man like Barack Obama, who will provide the type of positive role model for black youths in an area outside of sports.

Maybe these developments can be a catalyst for change. The New Haven Fire Department case shows how desperately something must change.

Attorney Gordon Johnson
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©Attorney Gordon S. Johnson, Jr. 2009

Date: 7/5/2009 9:01 AM


WASHINGTON (AP) — Colin Powell, one of the nation’s most prominent African-Americans, is going after people who attacked Supreme Court nominee Sonia Sotomayor because of her stand in favor of affirmative action.

Powell, who’s from the same Bronx neighborhood in New York as Sotomayor, said she should face “a spirited set of hearings” in the Senate. But he said the federal appeals court judge, who would be the first Hispanic justice, shouldn’t be condemned for ruling against white firefighters who contended they suffered reverse discrimination.

“What we can’t continue to have is to have somebody like a Judge Sotomayor … called a racist, a reverse racist and she ought to withdraw her nomination because we’re mad at her,” Powell said in an interview broadcast Sunday on “State of the Union” on CNN.

Powell made it clear that he was referring to critics outside the Senate.

“Fortunately, the senators who will sit on this hearing in the Judiciary Committee, after a few days of this kind of nonsense, said, ‘Let’s slow down, let’s examine her qualifications in the way we’re supposed to at a confirmation hearing.’” The committee begins hearings July 13.

Powell said Sotomayor has “an open and liberal bent of mind, but that’s not disqualifying. But she seems to have a judicial record that seems to be balanced and tries to follow the law.”

Powell, a Republican who supported Obama, said his party still is not sensitive enough toward minorities.

He noted that Obama had a significant advantage with Hispanics and African-Americans in the November elections. He criticized Republicans who are not elected to office and “immediately shout racism” against Sotomayor, while accusing Powell of supporting Obama because both men are black.

“We still have a problem,” he said.

Radio talk show host Rush Limbaugh has called Powell “just another liberal,” said he should become a Democrat and charged that Powell endorsed Obama based on race. Powell said Sunday that Limbaugh “doesn’t decide who I am or what I am no more than I decide who he is or what he is.”

The Supreme Court ruled 5-4 last Monday that white firefighters in Connecticut were unfairly denied promotion because of their race. The justices threw out a decision that Sotomayor had endorsed as an appeals court judge.

Copyright 2009 The Associated Press.


Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.

http://subtlebraininjury.com :: http://brainanatomyguide.com :: http://car-accident-rain.com :: http://tbilaw.com
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