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Sotomayor Doesn’t Even Pretend to Follow Case Law in Dissenting Opinion

moronic judge


How many of you know that as a lower court judge, Sotomayor had 60% of her cases that went to the Supreme Court overturned because there was no basis in law?  And one of the decisions that wasn’t overturned, the Supreme Court ruled that her decision was correct but not for the reason she gave?  She had the highest rate of overturned cases of any judge to serve on the Supreme Court because she decides based on ideology and throws the law to the side of the road.

In fact, one of the last  cases she was involved in to be decided by  Scotus, she was overturned.  She had ruled that firefighters who took a promotion test in Connecticut would have to give up those promotions and the tests regiven.  She did not rule that the test was discriminatory or that the results were skewed.  She ruled that the test results had to be thrown out because enough minorities.  To make it worse Ginsberg, Souter , Breyer and Stevens agreed with her.  No where in the constitution does it guaranty equal results, just equal opportunity.

Now, sitting on the Supreme Court, Sotomayor has written probably the most ridiculous dissenting argument ever.  Instead of citing the constitution or case law, she used “The Souls of Black Folk,” by W. E. B. Du Bois, Michelle Alexander, a law professor who has written extensively on over incarceration, and the more radical works of James Baldwin and Ta-Nehisi Coates.

Here is part of her dissent:

“The white defendant in this case shows that anyone’s dignity can be violated in this manner.  But it is no secret that people of color are disproportionate victims of this type of scrutiny. For generations, black and brown parents have given their children ‘the talk’— instructing them never to run down the street; always keep your hands where they can be seen; do not even think of talking back to a stranger—all out of fear of how an officer with a gun will react to them.”

“We must not pretend that the countless people who are routinely targeted by police are ‘isolated.  They are the canaries in the coal mine whose deaths, civil and literal, warn us that no one can breathe in this atmosphere.”

The vote was 5-3 with Justice Breyer defecting to the conservatives.

Sotomayor has done this before in the case Schuette v. Coalition To Defend Affirmative Action:

“Race matters to a young woman’s sense of self when she states her hometown, and then is pressed, ‘No, where are you really from?’, regardless of how many generations her family has been in the country.  Race matters to a young person addressed by a stranger in a foreign language, which he does not understand because only English was spoken at home. Race matters because of the slights, the snickers, the silent judgments that reinforce that most crippling of thoughts: ‘I do not belong here.’”

She lost that case, too.


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