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Archive for May 28th, 2009

Speaker Gingrich: Sotomayor is a racist and should withdraw nomination.

Posted by iusbvision on May 28, 2009

CNN:

WASHINGTON (CNN) – Rush Limbaugh isn’t the only one calling Sonia Sotomayor a racist. Newt Gingrich is, too — and he’s demanding that Obama’s pick to the Supreme Court withdraw her nomination.

On Twitter, Gingrich pointed to a line in Sotomayor’s 2001 speech to a Hispanic group in Berkeley that has drawn fire from some conservatives.

“I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn’t lived that life,” Sotomayor said in that speech, describing how life experience can inform judicial opinions.

On Wednesday, Gingrich tweeted: “Imagine a judicial nominee said ‘my experience as a white man makes me better than a latina woman.’ new racism is no better than old racism.”

Moments later, he followed up with the message: “White man racist nominee would be forced to withdraw. Latina woman racist should also withdraw.”

The latest defense of this clearly disqualified nominee (LINKLINK) on some far left blogs is that Sotomayor was first put on the bench by President Bush 41. What they don’t tell you is that Bush 41 routinely nominated arch leftist ideologues to the courts; Bush 41 nominated the outgoing Justice Souter who proved to be a far left ideologue that was perfectly happy to amend the Constitution from the bench.

Posted in Campus Freedom, Indoctrination & Censorship, Chuck Norton, Obama and Congress Post Inaugration | 1 Comment »

Sotomayor Rules Against Student Free Speech

Posted by iusbvision on May 28, 2009

Another reason why this clearly disqualified nominee should not be on any bench.

UPDATE: The latest argument from the far left is that since she is Latino and has a compelling personal story we should not question her on rulings like this and her statements about being able to understand the law better than whites. Miguel Estrada had a compelling personal story and he was Latino and it is because of that why Democrats trashed him, lied about him and opposed him and they admitted it in their own Judiciary Committee memo’s linked below. 

NBC News (and NBC is in the tank for Obama but even they were surprised by this):

President Barack Obama’s nominee to fill a Supreme Court vacancy has yet another tie to Connecticut. She sided against a student in the infamous “douche bag” case, and that has upset some free-speech advocates.

Sotomayor

Sotomayor

In August 2007, Judge Sonia Sotomayor sat on a panel that ruled against an appeal in Doninger v. Niehoff.

Avery Doninger was disqualified from running for school government at Lewis S. Mills High School in Burlington after she posted something on her blog, referring to the superintendent and other officials as “douche bags” because they canceled a battle of the bands she had helped to organize.

The case went to court and in March 2008, Sotomayor was on a panel that heard Doninger’s mother’s appeal alleging her daughter’s free speech and other rights were violated. Her mother wanted to prevent the school from barring her daughter from running.

Sotomayor joined two other judges from the 2nd Circuit in ruling that the student’s off-campus blog remarks created a “foreseeable risk of substantial disruption” at the student’s high school and that the teenager was not entitled to a preliminary injunction reversing a disciplinary action against her, Education Week reports.

 

“A forseeable risk of substantial disruption” – what a joke. Let me interpret this for you. The courts have allowed very few circumstances in which schools may step on the First Amendment. The substantial disruption rule by the Supreme Court is if the speech or display is so disturbing or distracting that the school can no longer fulfill its educational mission. Ongoing repeated intimidation of a student, R to X rated sexual content is considered disruptive.

If a student calling someone a “douch bag” created a “substantial disruption” of a school, there would be no functioning public schools in the country. This ruling is outrageous and with such rulings it is no surprise that Sotomayor has been cited three times by the Supreme Court for “statutory error”. Anyone who has taken a good First Amendment case law course could have gotten this case correct, this case was a no brainer and she got it wrong. 

NBC Continues:

Avery Doninger mom Lauren

Avery Doninger with her mother Lauren

The ruling in this case has come under heavy criticism from some civil libertarians. Some say this case presents a solid rationale for rejecting Judge Sonia Sotomayor of New York’s Second Circuit Court of Appeals to fill the seat of retiring Justice David Souter.

“The continual expansion of the authority of school officials over student speech teaches a foul lesson to these future citizens,” Jonathan Turley, a law professor at George Washington University, told the New Britain Herald. “I would prefer some obnoxious speech [rather] than teaching students that they must please government officials if they want special benefits or opportunities.”

Absolutely correct. Good job NBC news for getting this one right.

Posted in Campus Freedom, Indoctrination & Censorship, Chuck Norton, Obama and Congress Post Inaugration | Leave a Comment »