Re: Black-robed Nazgultexas_reddmannMay 27 2009, 01:16:09 UTC
And that is a valid argument, one that I can agree with. I'll have to watch the whole portion of the video to ensure that she wasn't cherry picked before I call it as such.
Re: Black-robed Nazgultexas_reddmannMay 27 2009, 01:56:44 UTC
And I have, and rather than just reading an article about what she said, I think it's important enough to read what she ACTUALLY said rather than a few phrases and some interpretation by a "reporter."
Re: Black-robed NazguldonkeyjonMay 27 2009, 13:40:15 UTC
Ok, I read the link. And I read several other news stories about the woman, and if a white male had said the things she's been saying, the nomination would already be sunk.
She has said that judges should use their personal experiences to color their decisions. Which I agree with. However, if a white male said "I will be making decisions based on the fact that I am a white male," they'd run him out of town on a rail.
She has claimed that the Supreme Court has made decisions that infringed on the rights of minorities when it was full of white males. Again, this is likely true, but it's also horribly racially insensitive.
What I'm saying is that she'll likely make a good Supreme Court Justice, but if she were a white male with all of the same beliefs, she wouldn't have a shot in hell of being nominated because she chooses to make racially insensitive and inflammatory statements.
i read the whole speech. she said that judges should endeavor to avoid making decisions based on their personal experiences, but that those experiences would inevitably affect their jurisprudence.
she made a point of saying that the court has made several decisions upholding the rights of minorites despite its white male makeup.
Re: Black-robed NazguldonkeyjonMay 27 2009, 14:48:04 UTC
She then went on to list great Justices who nevertheless also upheld race and sex discrimination, pointed out that no woman's claim in a discrimination case was ever upheld by the Supreme Court until 1972, and implied that the great cases that those 9 white Justices ruled on were all brought to the Supreme Court by minority litigation teams
( ... )
the white male Courts have simply not always done their jobiMay 27 2009, 23:16:13 UTC
i agree with her. and i don't buy your flip the genders and race argument unless you want to flip history and societal domination for the last couple of millenia as well.
Re: Black-robed Nazgultexas_reddmannMay 27 2009, 02:28:13 UTC
And here's what followed that statement:
Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, 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 hasn't lived that life.Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. Until
( ... )
Re: Black-robed Nazgultexas_reddmannMay 27 2009, 15:14:19 UTC
And I'm not saying that it isn't horribly offensive. But as I understand what she's saying and her beliefs from her speech, it isn't racism as much as it's bigotry. It still would be no matter the race or sex of the person saying it. Yes, it still is reprehensible from a judge, and she shouldn't be confirmed as far as I'm concerned.
I don't care if you subscribe to newspeak or not -that's still wrong. It's Racism with a capital R as well as Sexism with a capital S. Claiming that White Males are somehow inferior because of their sex and/or skin color is as abhorrent to me as someone saying that Black Women are inferior in the same way.
This Nation is running off the rails if this kind of thought process is what gets you into high office or the highest court of the land.
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She has said that judges should use their personal experiences to color their decisions. Which I agree with. However, if a white male said "I will be making decisions based on the fact that I am a white male," they'd run him out of town on a rail.
She has claimed that the Supreme Court has made decisions that infringed on the rights of minorities when it was full of white males. Again, this is likely true, but it's also horribly racially insensitive.
What I'm saying is that she'll likely make a good Supreme Court Justice, but if she were a white male with all of the same beliefs, she wouldn't have a shot in hell of being nominated because she chooses to make racially insensitive and inflammatory statements.
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she made a point of saying that the court has made several decisions upholding the rights of minorites despite its white male makeup.
the speech
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Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, 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 hasn't lived that life.Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. Until ( ... )
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Suddenly, it's horribly offensive.
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