Perspectives; Thoughts; Comments; Opinions; Discussions

Posts tagged ‘Sonia Sotomayor’

Rather Than Smearing Justices, Democrats Should Be Asking Them For Ethics Lessons


BY: DAVID HARSANYI | MAY 02, 2023

Read more at https://thefederalist.com/2023/05/02/rather-than-smearing-justices-democrats-should-be-asking-them-for-ethics-lessons/

Dick Durbin
The hearing is a transparent effort to delegitimize the Supreme Court.

Author David Harsanyi profile

DAVID HARSANYI

VISIT ON TWITTER@DAVIDHARSANYI

MORE ARTICLES


The concerted effort by the media and Democrats to delegitimize the Supreme Court is the most consequential attack on our institutions in memory.  Make no mistake. Today’s “Supreme Court Ethics Reform” hearing is meant to discredit the high court and slander justices with innuendo. Nothing else. Democrats are angry because the court happens to occasionally uphold basic constitutional principles of American governance. Democrats are nervous that originalist justices are going to weaken the administrative state or hand power back to localities or protect religious liberty or gun rights.

The recent hit pieces on Justices Clarence Thomas and Neil Gorsuch were shoddy and transparently partisan. They did not uncover any conflict of interest nor corruption. They exist to give politicians fodder and hackish outlets like The Washington Post the freedom to contend that the Senate is “consider[ing] strengthening ethics rules for the Supreme Court in response to a cascade of revelations about unreported lavish travel and real estate deals.”

Most Post readers will, no doubt, be unaware that there has been no “unreported” lavish travel or real estate deals. There is one amended note in a financial disclosure by Thomas — who had no ethical or legal obligation to check in with Democrats whenever he travels. In Politico’s Gorsuch hit, the reporter didn’t even know how to read a basic disclosure form. Everything, including a real estate deal that Gorsuch was allegedly attempting to conceal, was reported.

The fact that the same histrionic coverage did not accompany Justice Ketanji Brown Jackson’s amended financial disclosures in 2022 nor Justice Sonia Sotomayor’s amended financial disclosures in 2021 nor Justice Stephen Breyer’s long-term travel arrangements, which were often reimbursed by the wealthy Pritzker family, is no accident.

The committee chair, Dick Durbin, contends he merely wants the justices to abide by the ethics rules that Congress has drafted for itself. If they did, it would mean a complete degradation of standards in the court.

Because while there has not been a scintilla of evidence offered by anyone that the originalist justices have altered their judicial philosophy or approach for personal benefit, one could not say that same thing about the leader of the delegitimization effort, Durbin, who, according to a 2014 Chicago Tribune investigation, used his office and power to help enrich his lobbyist wife:

Among the areas of overlap in the Durbins’ careers: her firm getting a one-year contract with a housing nonprofit group around the time the senator went to bat for the organization and others like it; a state university receiving funds earmarked by Durbin when his wife was its lobbyist; and Durbin arranging federal money for a public health nonprofit when his wife was seeking state support for the same group.

Durbin did not pay a fine or face any repercussions for this conflict of interest. Then again, do you know how many officials the Senate Select Committee on Ethics has issued disciplinary sanctions to since 2007? Zero.

  • Not Judiciary Committee member Dianne Feinstein, whose husband Richard Blum, an investment banker, made some amazingly prescient trades in the biotech sector during Covid-19.
  • Not Judiciary Committee member Richard Blumenthal, D-Stolen Valor, and his wife, who happened to trade shares of Robinhood before calling for an investigation and then lie, not surprisingly, about the family’s significant stock ownership.
  • Not Judiciary Committee member Sheldon Whitehouse, who not only traded health care stock through his and his family’s accounts while pushing to pass a medical bill directly related to that sector but also used his seat to prop up a green energy concern that supported his campaign.
  • Nor Judiciary Committee member Peter Welch, who was buying stock in a German coronavirus test producer after hearing intelligence briefings on the matter.
  • Nor Durbin himself, who unloaded investments right after a private meeting with the then-Treasury secretary and Federal Reserve chairman during the 2008 financial collapse.

Remember that Durbin has been a central figure in the corroding Senate decorum and public confidence in the court for decades. In 2003, for the first time in history, a filibuster was used to stop an appeals-court nomination. Miguel Estrada, a talented Honduran immigrant, was targeted for much the same reason Democrats have targeted Thomas: he refused to adhere to the left’s stereotypes. We know this because in leaked memos from Durbin’s office, Estrada is identified “as especially dangerous, because he has a minimal paper trail, he is Latino, and the White House seems to be grooming him for a Supreme Court appointment.”

Durbin supported Harry Reid’s efforts to get rid of the judicial filibuster. When it was gone, he demanded Republicans rubber stamp left-wing nominees. When unable to stop appointments with votes, Durbin engaged in ugly smear campaigns.

In 2017, it was Durbin who asked Amy Coney Barrett to answer for her Catholicism. The implication, of course, was that orthodox Catholics are unable to uphold the law. In 2020, he would announce his “no” vote on Coney Barrett’s SCOTUS nomination before ever meeting with her. During the Brett Kavanagh hearings, Durbin did his best to portray the nominee as a gang rapist.

After years of slandering members of the court for the purpose of delegitimizing them, Democrats will bring up the fact that the polls show a diminishing trust in the Supreme Court as if it happened in a vacuum or as if they did not intend for this to happen. This is their doing. They are the ones creating the perception of corruption where there is none. And why? Because the Constitution is a hindrance to their agenda. It’s that simple.  

Durbin tried to get Chief Justice Roberts to participate in his partisan clown show, claiming it was time “for Congress to accept its responsibility to establish an enforceable code of ethics for the Supreme Court, the only agency of our government without it.” The Supreme Court is an equal branch of the government, not an agency for Durbin to bully. And, outside of impeaching someone, Congress has no power to dictate how it conducts business. If anything, Congress should be looking to the justices to learn how to act decently.


David Harsanyi is a senior editor at The Federalist, a nationally syndicated columnist, a Happy Warrior columnist at National Review, and author of five books—the most recent, Eurotrash: Why America Must Reject the Failed Ideas of a Dying Continent. He has appeared on Fox News, C-SPAN, CNN, MSNBC, NPR, ABC World News Tonight, NBC Nightly News and radio talk shows across the country. Follow him on Twitter, @davidharsanyi.

Advertisement

Seven Times Democrats Were Overtly Racist On Judges Before Trump


waving flag Authored by Casey Harper / 06/06/2016

Donald Trump has taken heavy fire for saying the judge presiding over his Trump University lawsuit is biased because of his Mexican heritage, but Democrats have a long history of invoking race on judicial issues.

Trump said U.S. District Judge Gonzalo Curiel had “an absolute conflict” in the case because of his Mexican heritage, calling him “a hater of Donald Trump.” In the case, former students of Trump University are suing Trump alleging the school, which was supposed to teach real estate, was a ripoff. Trump has firmly denied their allegations.

In an interview, CNN’s Jake Tapper repeatedly questioned Trump about invoking the judge’s race saying “is that not the definition of racism?”

“But I don’t care if you criticize him,” Tapper told Trump in the interview. “That’s fine.  You can criticize every decision.  What I’m saying is if you invoke his race as a reason why he can’t do his job …” The problem is, a judge’s race is often a major factor and is acknowledged as such by the media, especially in Supreme Court appointments.

The Daily Caller News Foundation has compiled a list of seven times liberals invoked a judge’s race.

  1. Justice Sonia Sotomayor famously invoked her identity as a “wise Latina” who could outdo a white man. “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,” she said in an October, 2001 speech that became a point of criticism for Republicans.
  2. When Donald Trump released his list of potential Supreme Court nominees, the left was quick to point out they were all white. Think Progress published an article titled “Your Ultimate Guide To The 11 White People Donald Trump Will Consider For The Supreme Court,” which pointed out that “Only three are women. All are white.”
  3. George Takei, Star Trek actor and gay rights activist, called Supreme Court Justice Clarence Thomas a “clown in black face” after his vote against the recognition of same-sex marriage. “I mean, doesn’t he know that slaves were in chains?” Takei said. “That they were whipped on the back. If he saw the movie 12 Years a Slave, you know, they were raped.”
  4. Liberal Washington Post columnist Eugene Robinson blasted Thomas for his stance against affirmative action. “I believe in affirmative action, but I have to acknowledge there are arguments against it,” Robinson wrote. “One of the more cogent is the presence of Justice Clarence Thomas on the U.S. Supreme Court.”
  5. Anna Quindlen, a liberal writer for Newsweek, clearly invoked Thomas’ race in her criticism of him, saying “His judicial resume was mediocre; he was chosen because he was conservative and black, an affirmative-action hire by an administration that eschewed affirmative action.”
  6. Liberal writers and activists Jeff Cohen and Norman Solomon wrote an article in the Seattle Times saying Thomas was unseemly as a “beneficiary of affirmative-action programs who climbs the ladder of success by attacking affirmative action.”
  7. To defend itself from criticism over nominating a white Supreme Court Justice, the White House was quick to invoke race. In a post titled, “White House Defends Diversity Record In Judicial Appointments,” the New York Times points out that Josh Earnest was eager to tell reporters that Obama had appointed a Hispanic justice to the Supreme Court and therefore, had previously embraced diversity. The defense came after attacks from the left over nominee Merrick Garland, who is white.

Partyof Deceit Spin and Lies Picture1 true battle Picture1 In God We Trust freedom combo 2

Supreme Court Rules Same-Sex Couples Have Right To Marry Nationwide


Supreme Court Decision

WASHINGTON (CBSDC/AP) — The Supreme Court declared Friday that same-sex couples have a right to marry anywhere in the United States. Gay and lesbian couples already could marry in 36 states and the District of Columbia. The court’s 5-4 ruling means the remaining 14 states, in the South and Midwest, will have to stop enforcing their bans on same-sex marriage. Gay rights supporters cheered, danced and wept outside the court when the decision was announced.

The outcome is the culmination of two decades of Supreme Court litigation over marriage, and gay rights generally. In the majority opinion, Justice Anthony Kennedy wrote that same-sex marriage must be allowed under the United States Constitution.

“No union is more profound than marriage,” Kennedy wrote, joined by the court’s four more liberal justices.

“From their beginning to their most recent page, the annals of human history reveal the transcendent importance of marriage. The lifelong union of a man and a woman always has promised nobility and dignity to all persons, without regard to their station in life. Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations,” Kennedy wrote.want_rel_liberty_r

Kennedy also wrote the court’s previous three major gay rights cases dating back to 1996. It came on the anniversary of two of those earlier decisions. As Kennedy read his opinion, spectators in the courtroom wiped away tears after the import of the decision became clear. One of those in the audience was James Obergefell, the lead plaintiff in the Supreme Court fight. Outside, Obergefell held up a photo of his late spouse, John, and said the ruling establishes that “our love is equal.” He added, “This is for you, John.”Big Gay Hate Machine

President Barack Obama placed a congratulatory phone call to Obergefell, which he took amid a throng of reporters outside the courthouse.

Kennedy was joined by the four liberal justices of the court: Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan and Stephen Breyer.

Chief Justice John Roberts, along with Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented, and all wrote separate dissents.

Alito wrote, “Today’s decision usurps the constitutional right of the people to decide whether to keep or alter the traditional understanding of marriage.”

Roberts said gay marriage supporters should celebrate, but don’t celebrate the Constitution.

“If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it,” Roberts wrote.

Scalia wrote his dissent “to call attention to this Court’s threat to American democracy.”

“Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a  majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact—and the furthest extension one can even imagine—of the Court’s claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves,” Scalia wrote.

Thomas wrote, “Aside from undermining the political processes that protect our liberty, the majority’s decision threatens the religious liberty our Nation has long sought to protect.”

Obama called the ruling a “big step in our march toward equality.” In a statement in the Rose Garden, Obama said that justice arrived like a thunderbolt. “This ruling is a victory for America,” Obama said. The president thanked gay rights supporters who worked tirelessly for this cause. “America’s a place where you can write your own destiny,” he said.tyrants

Democratic presidential candidate Hillary Clinton weighed in, calling the ruling a “historic victory for marriage equality.”War on Christians

Republican presidential candidate Jeb Bush said in a statement that the Supreme Court should have allowed the states to decide. Guided by my faith, I believe in traditional marriage. I believe the Supreme Court should have allowed the states to make this decision. I also believe that we should love our neighbor and respect others, including those making lifetime commitments,” the former Florida governor said. “In a country as diverse as ours, good people who have opposing views should be able to live side by side. It is now crucial that as a country we protect religious freedom and the right of conscience and also not discriminate.”

D.C. Mayor Muriel Bowser celebrated the ruling saying the court’s recognition of same-sex marriage as a right in every state “affirms our democratic values, that each of us is equal.”Clinton Democrat Party

The ruling will not take effect immediately because the court gives the losing side roughly three weeks to ask for reconsideration. But some state officials and county clerks might decide there is little risk in issuing marriage licenses to same-sex couples. The cases before the court involved laws from Kentucky, Michigan, Ohio and Tennessee that define marriage as the union of a man and a woman. Those states have not allowed same-sex couples to marry within their borders and they also have refused to recognize valid marriages from elsewhere.

Just two years ago, the Supreme Court struck down part of the federal anti-gay marriage law that denied a range of government benefits to legally married same-sex couples. The decision in United States v. Windsor did not address the validity of state marriage bans, but courts across the country, with few exceptions, said its logic compelled them to invalidate state laws that prohibited gay and lesbian couples from marrying.

The number of states allowing same-sex marriage has grown rapidly. As recently as October, just over one-third of the states permitted same-sex marriage.

There are an estimated 390,000 married same-sex couples in the United States, according to UCLA’s Williams Institute, which tracks the demographics of gay and lesbian Americans. Another 70,000 couples living in states that do not currently permit them to wed would get married in the next three years, the institute says. Roughly 1 million same-sex couples, married and unmarried, live together in the United States, the institute says.

The Obama administration backed the right of same-sex couples to marry. The Justice Department’s decision to stop defending the federal anti-marriage law in 2011 was an important moment for gay rights, and Obama declared his support for same-sex marriage in 2012.

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)The Lower you go burke freedom combo 2

Tag Cloud

%d bloggers like this: