Liberal Logic - Various & Sundry Edition

“Anybody who makes $250,000 becomes a millionaire very quickly if you save it. You just need four years"

Gov. Jerry Brown on his millionaire tax that actually starts at $250K per year.  So, the millionaire tax starts at the income level well below what a millionaire makes, and apparently these people don't have to spend any of this money  in a four-year period.  I guess someone is paying all their expenses for them.  Including the really high tax rates they pay in California.

In more local news, Washington, D.C. is like most cities/states, they are in a budget crunch.  They are looking for ways to raise revenues.  They have decided in their infinite wisdom one of the ways to do that is to increase the hours per day that sale of alcohol will be available.  They are considered having it available for purchase 21 hours per day.  Mind you, the buses and metro system don't run until 4 am, but hey, there are "other ways" to get home.  Awesome.  More drunks in D.C.  just what we need.

"Why is a big Gift, a Boat load of money, with no strings attached, a burden to States?"

Justice Elena Kagan during oral arguments on the new Medicare payments to the states.  Oh, I don't know, maybe because it raises everyone taxes and there is no opt out.  And telling them what they spend the money on is an attached string, no?

"I guess my greatest fear, Mr. Clement, with your argument is the following: The bigger the problem, the more resources it needs. We're going to tie the hands of the Federal Government in choosing how to structure a cooperative relationship with the States. We're going to say to the Federal Government, the bigger the problem, the less your powers are. Because once you give that much money, you can't structure the program the way you want."

Justice Sonya Sotomayor during oral arguments on the new Medicare payments to the states.  Yes, that is exactly what we are saying Justice.  It is called federalism.  Maybe you have heard of it.  It is in that document you are supposed to be upholding, remember the oath you took?

 “You are -- you are saying that because you represent a sizeable number of States, you can destroy this whole program, even though there may be as many States that want it, that don't feel coerced, that say -- think this is a good thing?”

Justice Ruth Bader-Ginsburg.  So you want to force the many because of the few?   Typical.

Justice Kagan - Kagan Confirmed to Supreme Court

Today, during a very violent thunderstorm, the senate confirmed Elana Kagan to be our next supreme court justice.  Kagan who has no judicial experience will be sworn in on Saturday.  While it is great that that court will have a third woman sitting on the bench, is not the choice of conservatives. 

We don't have a great trail to see how she will vote, yet we can pretty much guess.  She will vote along the liberal voting bloc of the court down the line.  I can't imagine her every stepping outside of that box, regardless of the case in front of her.  Sotomayor told the senate that gun rights is settled law, yet voted against it the first chance she got.  Kagan will be no different. 

Five republicans crossed party lines to vote for her confirmation.  With the current make up the senate, at least one had to. 

Lindsey Graham
Olympia Snowe
Susan Collins
Judd Gregg
Richard Lugar

The only real surprise in this is many people expected Scott Brown to cross over party lines and approve her vote and Lugar.  The other four are par for the course of their voting histories.  Another surprise was Ben Nelson crossing party lines and voting nay.  I think that this has to do with his health care vote more than anything else.  He has already upset the people who will re-elect him, so this seems like nothing more than appeasement.  It also becomes pretty easy knowing that she would get in anyway. 

I happen to believe that Kagan was the best of the bunch that was on the short list, but it certainly isn't good news.  I wonder if Justice Ginsberg is reading the tea leaves and will announce her retirement before the mid term elections which will most certainly put Obama in a position to nominate someone that will have to garner more republican support in order to be confirmed. 

A Letter from the President

I am not exactly sure how I got on the President's email list, but I get "letters" and videos from the White House from time to time. This one I have decided to share, because it made me laugh. Does he actually believe this? "have been made not to serve the interests of any one litigant, but always to serve the larger interest of impartial justice." She gives speeches that are fundmentally race baiting. That is impartial justice?

Good Morning,
Yesterday, Judge Sonia Sotomayor made her opening statement to the Senate Judiciary Committee and moved another step closer to taking a seat on the United States Supreme Court. In case you missed it, watch the video of her opening statement here:

As President, there are few responsibilities more serious or consequential than the naming of a Supreme Court Justice, so I want to take this opportunity to tell you about the qualifications and character that informed my decision to nominate Judge Sotomayor.

Judge Sotomayor's brilliant legal mind is complemented by the practical lessons that can only be learned by applying the law to real world situations.

In the coming days, the hearings will cover an incredible body of work from a judge who has more experience on the federal bench than any incoming Supreme Court Justice in the last 100 years. Judge Sotomayor's professional background spans our judicial system — from her time as a big-city prosecutor and a corporate litigator, to her work as a federal trial judge on the U.S. District Court, and an appellate judge on the Second Circuit Court of Appeals.

And then there is Judge Sotomayor's incredible personal story. She grew up in a housing project in the South Bronx — her parents coming to New York from Puerto Rico during the Second World War. At the age of nine, she lost her father, and her mother worked six days a week just to put food on the table. It takes a certain resilience and determination to rise up out of such circumstances, focus, work hard and achieve the American dream.

This character shined through in yesterday's opening statement: Watch the video.

In Judge Sotomayor, our nation will have a Justice who will never forget her humble beginnings, will always apply the rule of law, and will be a protector of the Constitution that made her American dream and the dreams of millions of others possible. As she said so clearly yesterday, Judge Sotomayor's decisions on the bench "have been made not to serve the interests of any one litigant, but always to serve the larger interest of impartial justice."

In anticipation of today's first round of questioning, I hope you'll share this email widely, because Judge Sotomayor's confirmation is something that affects every American. It's important for these hearings to be about Judge Sotomayor's own record and her capacity for the job — not any political back and forth that some in Washington may use to distract you. What members of the Judiciary Committee, and the American people, will see today is a sharp and fearless jurist who does not let powerful interests bully her into breaking from the rule of law.

Thank you,

Barack Obama

Fighting the Good Fight

Judge Sotomayor will be beginning her meetings with members of the senate today. The GOP needs to decide how they are going to handle this nomination. One choice is to make it as ugly as possible. She can be bloodied, embarrassed, and humiliated not unlike what was done to Bork or Alito. The other choice is to bow their heads and accept the inevitable and vote to confirm. I think an argument should be made for the middle of the road. The American people deserve a fair process that allows us to see if the person is qualified or not qualified.

Some very serious issues have been raised about the qualifications of the judge. These issues must be examined. The comment she made about a Latina woman making a better judgment than a white man cannot be ignored. It would not be if a white man had said it. So, we are doing no favors to race relations in this country unless this question is asked. Everyone must be judged the same for us to truly have equality for all. Another issue that has come up is her judicial temperament. Again, this is a very important issue. This is a lifetime appointment and she must be up to the task. The issue of her opinions being overturned is another important topic that will need to be examined. Especially since in one case the court said that her use of the law was incorrect. If her understanding of the law is not up to par, she must not be given an appointment to seat that effects us all.

This is a fight that the GOP will have a difficult time winning. That alone is not a good enough reason not to fight it. When Sam Alito was up for nomination the democrats had about the same chance of stopping the appointment and they chose not only to fight, but to fight dirty. I think this is a golden opportunity for the GOP to take a stand and show the country how the nomination process should be conducted. Ask the difficult and uncomfortable questions, let the country hear the answers and if the answers show that she cannot handle the position, then vote no. We have lost some very good jurists due to the process that the senate has chosen to employ. I think it is time that senate do the job, advise and consent. Not tear apart, embarrass, or worse yet just delay until the person is no longer willing to wait around. Just ask Miquel Estrada.

Discrimination is Discrimination is Discrimination

I don’t listen to conservative talk radio all that often. Over the past two days I have listened quite a bit, as I was interested in the reactions to the nomination of Judge Sotomayor. The reaction is about what one would expect. The conservative talking heads are all against her. Rush Limbaugh called her a racist yesterday. Rush did this knowing that the AP was streaming his show for his reaction. My initial reaction was that it was a very strong charge and we shouldn’t prejudge based on one quote and one court case. I detest the word racist being thrown about without real thought or proof. It is dangerous and very damaging. Just remember the shameful behavior when Justice Alito was going through the confirmation process.

I am still not comfortable with that term being used to describe the Judge, but I think this may be an opportunity to further the discussion in this country. After all, the Attorney General feels we are cowards on this subject. So, let us have the uncomfortable conversation. There is apparently a theory that states that people of color have basic differences in reasoning and logic based on inherently physiological and cultural differences. Reportedly, the judge feels that this may be valid theory. Based on her quote it seems like that is a fair assessment of her beliefs.

But let us talk about biases that are based on more than just race. Let us talk about the bias based on political beliefs. In 1948, a black child was born in a very small poor town in rural Georgia. The father left the family when he was only 2, and at one point his family became homeless. He moved in with his grandparents who had him working on the family farm. This boy grew up to become Supreme Court Justice Clarence Thomas. Yet, another feel good story about someone overcoming all the odds and reaching the pinnacle of his chosen profession. Yet, yesterday President Obama said that the Supreme Court is full of people of privilege. Judge Sotomayor would be the first “real” person to sit on the bench. What about the early life of Justice Thomas is privileged? Is this about the fact that he is a minority who happens to be a conservative? That bias does exist in this country, and that must be part of the conversation. Not all conservatives are old white men.

Another uncomfortable part of the conversation also needs to be the brilliance of the pick of Judge Sotomayor itself. The choice of a minority woman lends itself to the fact that anyone going after her aggressively can and will be called a racist. A cynic could easily say this was part of the thought process that went into the pick itself. “If there is the perception that somehow she is being treated unfairly or they are distorting her record or comments, I think there will be a backlash in the Latino community. All we want is for the process to be respectful and fair. There could be a great resentment within the Latino community if it is seen somehow that she is not being treated with the respect due to a Supreme Court nominee”. This is a statement from the President of National Council of La Raza. If we are truly to live up to the ideal of Dr. King and we judge people based on the content of their character, it would only be fair to ask the same questions that were asked of Sam Alito. He was made out to be a racist during his confirmation hearings solely based on some college clubs and some well chosen cases. At one point his wife ran out of the Senate chamber in tears. President Obama himself wanted to filibuster to stop the floor vote. This statement came after admitting that he was well qualified for the position, his objection was only based on his constructionist views of the role of the Supreme Court.

The question about what the reaction would be if a white man made the statement that he would come to a better conclusion than a Latino woman is a fair one. If we are truly to become the nation that Dr. King envisioned, we must be able to ask the same questions of everyone without fear of recrimination. Discrimination is discrimination no matter who the person is. Men, women, black, white, hispanic, gay, and straight, we are all capable of discrimination. This is why the conversation is so uncomfortable.

Judge Sotomayor Part I

What a great day to be an American. Sonia Sotomayor, a Hispanic woman was nominated to sit on the Supreme Court today. Ms. Sotomayor came from meager beginnings; growing up in the projects in a tough neighborhood in the heart of Bronx, NY. She was raised mostly by a single mother after her father’s untimely death when she was only 8. Her mom sometimes worked two jobs to provide a better life for her two children. She instilled the virtues of both education and hard work. Imagine what a moment it must have been for her mother sitting in the east room of the White House today. Being both a women and a child of an immigrant I myself feel some pride in this accomplishment. Judge Sotomayor is living proof that with hard work and dedication that your dreams can come true in this great country of ours. While we are applauding this moment, we cannot allow it to cloud our judgment. The job she may be undertaking is one of great importance as it affects each and every American. A close examination of her record must be undertaken before she is given a lifetime appointment that will have ramifications for a generation.

There are disturbing facts that are readily apparent. A quote from a speech given in 2001 at The University of California-Berkley being one. “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." I, for one, would like to know exactly what she meant by this statement.

There is a video from a conference at Duke University “All of the legal defense funds out there, they’re looking for people with court of appeals experience because the appeals court is where policy is made.” This was said with a laugh and the acknowledgement that she shouldn’t be saying it and realizing that her conversation was being taped. According to the constitution laws are made at the legislative level. It is easy to conclude that her true belief is that a judge is actually a legislator that wears a black robe.

A recent case puts her quote from Berkley in an interesting light. In the city of New Haven, CT a group of firefighters took a civil service test to qualify for a promotion. The top sixteen scores receive the promotion and a pay raise. After the scores were tabulated, 15 white and one Hispanic man came out to be the highest. The city of New Haven, afraid of a racial discrimination lawsuit, threw out the test results and gave out no promotions. The sixteen men filed a suit claiming reverse discrimination. Judge Sotomayor gave a one paragraph notice that it would not hear the case, after the judges heard debate and were given piles of briefs. One of her colleagues felt that they were trying to bury the case and has made this opinion on the record. This case has been fast-tracked and a Supreme Court decision on her dismissal should be announced sometime in June. A reveresal of her decision is expected.