Just relax your throat and think of England

John Hinderaker, who once actually wrote

" It must be very strange to be President Bush. A man of extraordinary vision and brilliance approaching to genius, he can’t get anyone to notice. He is like a great painter or musician who is ahead of his time, and who unveils one masterpiece after another to a reception that, when not bored, is hostile."

…on the internets for all to read and re-quote for eternity times infinity plus 3, was reserving his obviously awesome judgment on that Mexirican judge lady but, oh-ho! she slipped up today and John must now withdraw his tentative imaginary non-binding endorsement:

Sotomayor employs a rhetorical dodge by focusing on how she interpreted Justice O’Connor’s famous statement that "a wise old man and wise old woman will reach the same conclusion in deciding cases." She says that O’Connor couldn’t have meant that the the wise man and the wise woman will reach the same decision in every case, since judges often disagree. Rather, she interpreted O’Connor’s statement to mean that men and women have an equal capacity to reach wise judgments.

Of course that’s correct: O’Connor was saying that men and women shouldn’t reach different decisions because of their genders. But here is where Sotomayor hides the ball. Having created a diversion by talking about what O’Connor meant, she slipped in this key statement: "the words that I use, I used agreeing with the sentiment that Justice Sandra Day O’Connor was attempting to convey."

That statement is a falsehood. Sotomayor’s whole point in quoting Justice O’Connor was to disagree with, or at least express reservations about, O’Connor’s view that the judge’s gender shouldn’t affect the outcome of a case. Here is the passage from Sotomayor’s speech:

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.

Thus, Sotomayor’s characterization of the context of her "wise Latina" remark is the opposite of the truth. She wasn’t "agreeing with the sentiment that Justice O’Connor was attempting to convey," as she told Senator Leahy. Rather, she staked out a position in opposition to O’Connor’s. In her speech she expressly disagreed with O’Connor’s view, as Sotomayor put it, "that both men and women were equally capable of being wise and fair judges."

I’ve been on the fence as to whether Senators should vote to confirm Sonia Sotomayor, but this rather breathtaking dishonesty provides strong grounds to vote against her confirmation.

Thank goodness Justice Sotomayor gave John an out. Now he won’t have to worry about Jeff Sessions calling him a race traitor nor will he have to admit that he’s suspicious of Sotomayor because she comes from Mexico Island.

TBogg

TBogg

Yeah. Like I would tell you....

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