The whole point of free speech is not to make ideas exempt from criticism but to expose them to it.

Tuesday, June 30, 2009

Sonia Sotomayer and reverse discrimination.

Typically, the social conservatives "litmus test"
for a new Supreme Court justice has been their
presumed position on the abortion issue (whether
the right wingers care to admit it publicly or not.)

I know, they say "strict constructionist" etc, etc, but
its pretty much understood that they're pointing to
Roe v. Wade and their position that, at least as far as
the abortion issue goes, the court shouldn't make law
from the bench.

But for Sotomayer, the issue seems to have somehow
coalesced around race. The recent overturning of her
ruling on the Firefighters being a case in point.

Here is some background.

So, my question is, will the race issue be the primary
point of Republican resistance to Sotomayer's appointment?

And if so, isn't that pretty ironic, all things considered?

I mean, in the firefighter case, both sides of the argument
were about race discrimination, right? How do we now
decide which side is right? Weren't both sides right on this one?

And isn't that why we have the SCOTUS?

Prediction: I bet they figure out a different way to give
Firefighters raises from now on. Because just because
they might be good in a classroom doesn't mean they're
good at fighting fires, and saving lives.


And one other question. Regarding rules.

Suppose Sotomayer had been appointed
to the SCOTUS quickly enough to be able
to review her own decision in the Firefighter case
and deliberate with the other justices.

Is it possible she could have reversed her own
decision? Or would she have had to recuse herself?

Has such a thing happened before?

And finally...well... ok, just one more little thing.

Since we're doing the Lewis Black comedy schtick
on religion here (thanks for the great clip Michael)
how 'bout we look at this one regarding the whole
"race" deal:

Because, it's good to be white, right?


Anonymous said...

"reverse discrimination"? No such thing. There's only discrimination (ie. racism, sexism).

Sotomayor has said repeatedly that Latinas make better judges than old, white guys. She's a racist and a sexist.

Bill Fleming said...

No, that's not what she said, actually. Not even once.