I pointed out in a post on May 8 that the GOP was already gearing up for a smear campaign on Obama’s SCOTUS nominee, whoever it turned out to be. Well, the hypocrites have certainly rolled out of the woodwork to condemn Judge Sotomayor. Let’s take a look, shall we?
The leader of the Republicans, Rush Limbaugh claims she should be stopped because, “She is a horrible pick, she is the antithesis of a judge by her own admission and in her own words. She has been overturned 80 percent by the Supreme Court, she may as well be on the Ninth Circus Court of Appeals given all the time she’s overturned.” Let’s get right to this reversal thing. Out of nearly 300 decisions, she’s had 6 reviewed by the Supreme Court, and been reversed 3 times…That’s 50%, but then Rush is using that Republican math I guess.
The average reversal rate is 75%. Let’s remember, the SCOTUS reviews cases in which it thinks there may have been an error. So I would think the reversal rate would be on the high side. The issue is how many cases reached the SCOTUS.
Rush goes on to say, “So she’s not the brain that they’re portraying her to be, she’s not a constitutional jurist. She is an affirmative action case extraordinaire and she has put down white men in favor of Latina women. She has claimed that the court is all about making policy.”
Well, first, I’ll take a smart Latina over old white men any day. Let’s see what Rush and the other old white men have brought us:
- A stolen Presidential Election
- The Presidency of George W. Bush
- Two simultaneous wars, one of which we entered on false terms
- Government sponsored torture
- The erosion of our Constitutional protections
- The health insurance industry
- Jim Crowe laws
- The Wall Street debacle
- The economic meltdown
And the hits keep on coming. So, I think it’s about time we give someone else a shot. But of course you can’t base a SCOTUS nomination on just that. So let’s take a look at the context of the comment on which they are relying to make their claim that she is a racist. Here’s what Media Matters has on it:
“Contrary to Kelly and Greenburg’s claims, Sotomayor did not say or suggest that Latina or Latino judges are “better” than white male judges, but was instead talking specifically about “race and sex discrimination cases.” From Sotomayor’s speech delivered at the University of California, Berkeley, School of Law and published in 2002 in the Berkeley La Raza Law Journal:”
And now Orrin Hatch has weighed in opposing Judge Sotomayor. Never mind that he voted to confirm her for the Court of Appeals (and, oh by the way, it was George H. W. Bush who nominated her for appeals court). Hatch has his nickers all in a wad over a comment where they claim she said that Judges make policy. The statement on which they are relying is:
“The saw is that if you’re going into academia, you’re going to teach, or as Judge Lucero just said, public interest law, all of the legal defense funds out there, they’re looking for people with court of appeals experience, because it is — court of appeals is where policy is made.”
It was made as part of panel discussion at Duke University, but let’s get, as Paul Harvey used to say, “The rest of the story.” You see Sotomayor continues:
“And I know — and I know this is on tape and I should never say that because we don’t make law, I know. OK, I know. I’m not promoting it, and I’m not advocating it, I’m — you know. OK. Having said that, the court of appeals is where, before the Supreme Court makes the final decision, the law is percolating –”