A must-watch for Uncle Pat and the rest of the fauxgrieved “WHITE FOLKS UNDER SIEGE!!11” brigade.
(Buchanan pwnage h/t Hubbit)
[Ranking Republican Sen. Jeff Sessions of Alabama] pre-emptively declared that he would not vote for a judge who uses the “empathy standard” in deciding cases—a reference to the sensitivity toward average people that President Obama said he looked for in nominees, and which has been transformed by the political right into code for favoring blacks or other ethnic minorities over whites. Sessions seemed to predict nothing short of the collapse of American law as we know it if Sotomayor is confirmed: “Down one path is the traditional American legal system, so admired around the world, where judges impartially apply the law to the facts without regard to their own personal views,” Sessions declared. “This is the compassionate system because it is the fair system.”
Undeterred by his gross historical error—had every court in American history applied the law in this manner, schools would still be legally segregated, a woman’s right to earn a living and obtain credit would still be denied, and so on—Sessions went on to attack even Supreme Court Justice Ruth Bader Ginsburg. In an unusual broadside against a sitting justice, he accused Ginsburg of being “one of the most activist judges in history” even though a glancing look at her record shows she has been part of an almost powerless, left-of-center bloc on the court that included three men, two of them appointed by Republican presidents.
Ginsburg’s affliction, then, is apparently the same as Sotomayor’s: She sees the world differently than does Sessions. This is the key to understanding the unhinged argument about “empathy.”
It presumes that the white male experience is the only authentically American experience, and therefore the only one that could possibly be unbiased. Whatever predispositions or inclinations these men bring to the law are the valid ones. After all, they are not hampered by some silly notions they may have picked up along the way had they lived their lives as women or as members of minority groups.
– Marie Cocco, Closet Racism in the Age of Obama
Related: Cory Doctorow points to an extensive Flickr gallery commemorating Sessions’ longstanding tenure as a dumbasstastic racist fuckateer. On a more serious note, U.S. News runs down ‘Sonia Sotomayor’s 13 Most Notable Decisions’.
The subject of the Supreme Court nominee’s judicial temperament has so far been raised by just one senator, Lindsay Graham (R-SC).
“There’s a character problem; there’s a temperament problem,” says Graham.
Referring to the comments in the Almanac, Graham went on:
“I just don’t like bully judges,” Graham says. “There are some judges that have an edge, that do not wear the robe well. I don’t like that. From what I can tell of her temperament and demeanor, she seems to be a very nice person. [Supreme Court Justice Antonin] Scalia is no shrinking violet. He’s tough, but there’s a difference between being tough and a bully.”
Indeed. A big difference (ok, not necessarily big, but…):
Judge Guido Calabresi, former Yale Law School dean and Sotomayor’s mentor, now says that when Sotomayor first joined the Court of Appeals, he began hearing rumors that she was overly aggressive, and he started keeping track, comparing the substance and tone of her questions with those of his male colleagues and his own questions.
“And I must say I found no difference at all. So I concluded that all that was going on was that there were some male lawyers who couldn’t stand being questioned toughly by a woman,” Calabresi says. “It was sexism in its most obvious form.”
h/t Ann Friedman via Twitter.