Okay, Look, You Stubby Blowhards

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You. Yeah, you. You pontificating white males (so unrepresentative of the vast majority of your fellows in race and gender) that think that one bloody word in one speech years ago, a membership to an organization with a Spanish name and a decision upholding a city’s move to limit its liability and scrap a bad test because its results uniformly favored one racial group over another one…

…get real.

You think that Judge Sotomayor is worse for the country than the Confederacy winning the Civil War? You seriously believe that Victoria Woodhull, Elizabeth Cady Stanton and Susan B. Anthony would have locked arms with you in protesting her nomination to the Supreme Court?

You believe that if Martin Luther King, Jr. were alive today he would be on the Sunday talk show circuit talking about how she’s a “reverse racist”?

Seriously?!

And while we’re on the topic of history, race and gender, let’s do a quick review. This is a country whose judiciary both upheld and struck down injustice codified in the law. For every Brown vs. Board of Education there is a Plessy vs. Ferguson, and every Amistad is threatened by a Fugitive Slave Act.

Waving the magic wand of “judicial restraint” does not automatically fix these problems, as this 1869 Georgia Supreme Court case upholding anti-miscengination laws illustrates:

With the policy of this law we have nothing to do. click here It is our duty to declare what the law is, not make the law…It was dictated by wise statesmanship, and has a broad and solid foundation in enlightened policy, sustained by sound reason and common sense. click here The amalgamation of the races is not only unnatural, but is always productive of deplorable results. Our daily observation shows us, that the offspring of these unnatural connections are generally sickly and effeminate, and that they are inferior in physical development and strength, to the fullblood of either race. It is sometimes urged that such marriages be encouraged, for the purpose of elevating the inferior race. The reply is, that such connections never elevate the inferior race to the position of the superior, but they bring down the superior to that of the inferior. http://maientertainmentlaw.com/?search=canada-levitra They are productive of evil, and evil only, without any corresponding good.

link (see page 38): http://books.google.com/books?…

Yes, I bolded parts of this decision in case you don’t get it yet: judicial restraint when upholding bad law is not a virtue, and yet all of your “federalist societies” and conservative-secret-handshake clubs have yet to address this fact (in fact, many of you just run away from it, claiming that our laws extend enough rights at this moment in time and should never change moving forward).

What can a group of justices do to try to ensure that decisions like the one cited above are not rendered? Well, it seems to me they can step outside their legal ivory towers and consider – even if only fleetingly – the effect of their decisions on real people. They can rely on their own life experiences – and discuss these issues with people who have life experiences different from their own – to try and avoid summary judgements calling an entire group of people “evil, and evil only, without any corresponding good.”

In other words, they can try and approach the law exactly as Judge Sotomayor has explained she would.

So, stop the moralizing. History is not on your side, and it never was.

26 comments

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  1. that Sotomayor is an uppity, menstruating, feisty, minority tostada, or something.

  2. Gracias por todo!

  3. or even about Sonia Sotomayor. This is payback for Miguel Estrada pure and simple. The reason the rationale seems so awkward is because there is none. It’s mindless revenge solely for the sake of revenge and has been on the ready line for six years or more.

    Jonathan Groner wrote on September 8, 2003 (Law.com)

    The demise last week of the nomination of Miguel Estrada, 28 months after he was tapped for a seat on one of the nation’s most prestigious federal courts, will likely cast a shadow over the turbulent politics of judicial selection — and signal serious trouble for other nominees …

    But the juicy part …

    Many liberal activists and Democratic lawmakers viewed Estrada as a potential high court pick — and, as a Hispanic with a sterling résumé of trial and appellate advocacy, go here a potentially difficult Supreme Court choice to fight since the Court has never had a Hispanic justice.

    Conservatives feel this distinction was stolen from them and now they’re being one-upped by Obama. If my math is correct, he would have subbed in for Alito and the Republicans could burnish their racial equality injuries caused by accutane and claravis bona fides on Thomas and Estrada. Having that ripped away only to have the black guy outmaneuver them, is more than they can bear and it’s driving them over the edge. Which is why they seem so unhinged and over the top.

  4. and so beyond irrelevant, I just turn them off.

    Im mildly amused watching some of this (I havent paid a lot of attention to it honestly, after the first day or so). This is classic Obama. I saw some people griping somewhere  about Obama (and Gibbs) “conceding” about that “better” quote of hers, granting it as a … hmmm… foul. I just laughed.

    He did this during the primaries and it worked then too, although different circumstances. In this instance, he can totally afford to be this way. I dont know sports, but…. if it was a b-ball game, he is, like, 100 points ahead, the other team fouls and the Ref misses it. The fans go wild, complaining, yelling at the Ref. BHO’s just like, So? He wins either way, so why not show the face of good sportmanship and make nice, and just lets these fools show their ass.

    And Cornyn backing off of her is really making me laugh.

  5. excercise restraint.  The Rehnquist and Roberts courts have a higher rate of striking down Congressional acts than just about any others in history.

    And thanks for the “so unrepresentative of the vast majority of your fellows of race and gender” part, too.

  6. can I use “The Stubby Blowhards” as the name for a band someday?

  7. they also think that the earth is 4,000 years old, that people lived at the same time as dinosaurs (did they watch to much 1970s TV?), that CO2 is good for the environment, that tobacco companies really didn’t know, that their imaginary friend controls the universe, that unregulated corporations really will act for the common good, and lesbians caused Hurricane katrina.

    Seriously?  What’s next?

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