Showing posts with label Sonia Sotomoyor. Show all posts
Showing posts with label Sonia Sotomoyor. Show all posts

Sunday, August 9, 2009

The Ugly Role of Race, Class, and Gender in the Right Wing's Opposition To Supreme Court Nominee Sonia Sotomayor

http://www.nytimes.com/2009/07/19/weekinreview/19abramson.html?_r=1&nl=pol&emc=polb1&pagewanted=all

All,

The dynamics of Race & Gender/Gender & Race in an openly racist and sexist society...and the ongoing cultural and political battles against it.

...And oh yeah please don't forget CLASS as well. Capitalism takes a backseat to NO ONE...

Kofi


July 19, 2009

FLASHBACK

Women on the Verge of the Law: From Anita Hill to Sonia Sotomayor

By JILL ABRAMSON
New York Times

A lone woman sits at the witness table, hoping her Yale law degree will help her survive a charged Supreme Court confirmation hearing. She faces a battery of powerful white senators on the Judiciary Committee, a contrast that cannot help but make her look like easy pickings.

That was the tableau inside the Senate Judiciary Committee back in 1991, when Anita Hill leveled her accusations of sexual harassment against Clarence Thomas, who had been nominated for the Supreme Court by President George H. W. Bush. But the scene was repeated last week as Judge Sonia Sotomayor took her seat at the table. Although in this tableau she was the nominee and not the opposition witness — and although there was little of the raw tension and none of the unhinged free-for-all that characterized the earlier proceedings — there were unmistakable echoes.

Despite the nearly two decades that separated these women’s Senate moments, Professor Hill and Judge Sotomayor are both from the generation of women who graduated from distinguished law schools in a second wave beginning in the late 1970s. It was a time when law firms, the government and even the judiciary were eager to add women and minorities to their staffs.

The two are linked in another way. Together, their experiences before the committee summarize a change in recent American politics. Professor Hill’s treatment by an all-male Judiciary panel presaged an outcry of “They just don’t get it!” and the election of many more women to the Congress. And the atmosphere of those earlier proceedings also insured a far tamer set of hearings this time, as neither Republicans nor Democrats have wanted to face the kind of damage inflicted by the partisan circus of 1991.

Inside the hearing room last week, a number of figures who played important roles in the Hill-Thomas confrontation were again present, although some in different parts. Senator Arlen Specter of Pennsylvania, a onetime chairman of the Judiciary Committee whose harshly prosecutorial questioning of Ms. Hill almost cost him re-election in 1992, was now on the Democratic side of the dais, looking a bit out of place. His suddenly junior status placed him next to the party’s newest member, Al Franken. Mr. Specter, too, was having flashbacks.

“Professor Hill produced the year of women in the Senate,” he recalled during a break. “That proceeding was a real lesson to me. I heard from so many women who saw themselves in her place, who felt their veracity was being questioned along with hers.”

Another familiar face was Senator Orrin Hatch, Republican of Utah, whose questions about pornographic movies, especially one with a character named Long Dong Silver, and suggestions that Ms. Hill had fabricated her testimony, helped ignite women’s anger. Questioning Judge Sotomayor last week, Mr. Hatch was among the tamest of the Republicans. Whispering in his ear was his aide Thomas Jipping, who in 1991 was an influential conservative activist working for Paul Weyrich, the movement leader who coined the phrase “moral majority.” When Mr. Jipping was asked by the first Bush White House to suggest a nominee who might excite the conservative base, he supplied a single name: Clarence Thomas.

Senator Patrick Leahy, too, was a holdover from the Thomas hearings. Now the Judiciary chairman, he has played the role of avuncular protector to Judge Sotomayor. He seemed relaxed and jocular in these hearings, signaling his confidence that she would be confirmed easily. When the Republican senators doggedly returned to the judge’s “wise Latina” remarks, Mr. Leahy and his Democratic colleagues, with discipline not always seen in the past, steered the subject back to her long, rather mainstream judicial record. It was a tight script, one coordinated with the White House. Not so in 1991. Ms. Hill did not receive much help from the Democrats on the committee, and the tempestuous proceedings made Mr. Leahy so distraught that he feared he was having a heart attack and was rushed to a hospital.

In 1991, there were no women on the Judiciary Committee; today there are just 2 among the 19 members. One of them is Dianne Feinstein, elected in 1992 as part of the so-called Anita Hill class, which brought a record number of women to the House (47) and Senate (6). Senator Feinstein noted that when Judge Sotomayor graduated from Yale Law in 1979, there had never been a woman on the Supreme Court and that although women represent 50.7 percent of the population, 48 percent of law school graduates and 30 percent of American lawyers, there are now only 17 women in the Senate and one on the Supreme Court.

“So we’re making progress, but we’re not there yet,” Ms. Feinstein said.

She invited Judge Sotomayor to expound, but the judge didn’t bite, instead talking about how she hoped to be a role model for “Americans of all kinds and all backgrounds.”

Sitting approvingly behind Judge Sotomayor through the long hours was her White House handler, Cynthia Hogan. Judge Sotomayor’s almost robotic performance must have seemed a triumph for Ms. Hogan, working as she does for a president who famously eschews drama. In 1991, Ms. Hogan often sat behind Joe Biden, who was then chairman of the Judiciary Committee, as he struggled to keep the spectacle from turning into theater of the absurd.

That legacy has left little possibility for what Senator Lindsey Graham called the only thing that could scuttle Judge Sotomayor’s confirmation: “a complete meltdown” in the hearing room. In 1987, Robert Bork proved that it was confirmation suicide to have a frank discussion about judicial philosophy, and nominees have since refused to drop even small hints about their views on issues that might come before the court.

Personal background checks of nominees are now so rigorous that there is little chance of a skeleton dancing out of the closet. Although there were references to Judge Sotomayor’s running a “hot bench,” and anonymous comments accusing her of bullying lawyers, her preternaturally measured statements blunted them. The wild times of the Bork and Thomas hearings are over, and confirmations have become so sedate that several prominent lawyers loudly complained that absolutely nothing about either the law or Judge Sotomayor was learned in four days of hearings.

Still, history is being made. The first Latina, and third woman, will be appointed to the court. And though Republicans pushed her into disowning her “wise Latina” remarks, the full texts of those speeches reveal an interesting generational shift between Judge Sotomayor and the women who preceded her, Sandra Day O’Connor and Ruth Bader Ginsburg. Justices O’Connor and Ginsburg were among a tiny minority of women in their law school classes, and both faced barriers as they broke into the legal profession. (Justice O’Connor was offered secretarial jobs after graduating third in her Stanford Law class in 1952.) Justice Ginsburg vividly recalls that when she entered law school in 1956, the dean asked each of the nine women in the class why they were at Harvard, taking the seat of a man.

Much had changed by the 1970s, when Judge Sotomayor entered Yale. The nation’s best law schools were filling up with what Stephen Carter, a Yale law professor, calls affirmative action babies. By the time Judge Sotomayor graduated, women made up 28 percent of all law graduates. Law firms were aggressively recruiting more women, as were judicial chambers and, in Judge Sotomayor’s case, prosecutors’ offices.

With a lot of hard work and long hours, women were breaking into the partnership ranks of white-shoe firms and onto the upper rungs of the federal judiciary. (Notwithstanding the greater opportunities for women, Judge Sotomayor filed a grievance when a law firm refused to consider her for employment because, she said, she was Latina.)

But success came at a price. Judge Sotomayor has talked about having to turn down dates because of work. “A man who calls three times, and three times you answer, ‘I’ve got to work late,’ ‘I’m flying to such and such a place,’ ” she said, “After the third time, ‘gee, maybe she’s not interested.’ ” Even her closest friends say they have to set up “play dates” months in advance. Although she is a godmother to her clerks’ children and a devoted aunt, Judge Sotomayor divorced after seven years of marriage and has no children.

Judge Sotomayor’s struggles resonate with Alice Young, who graduated from Harvard Law School in 1974, a few years before Judge Sotomayor. She notes that most of the women in her class who made partner at law firms did not marry or have children. “You had to make a choice about what was more important, your professional or personal life,” she said. (In Ms. Young’s case, the road led to partnership, as well as marriage and children.)

The women coming up behind Judge Sotomayor have given these tradeoffs a lot of agonized thought. Emily Bazelon, a fellow at Yale Law School, has been writing about the hearings for Double X, Slate’s new women’s Web site. “Women of accomplishment like Sotomayor make many of us so proud,” she said, “but they are not necessarily a model if you want to balance work and family, which is a huge issue for younger lawyers.”

Lauren Gerber is a leader of Yale Law Women, which recently sponsored a conference that examined the pressures on social and family life in the legal profession. While finding a balance has been particularly elusive for women, Ms. Gerber noted that quite a few men showed up for the conference.

Someone who is celebrating Judge Sotomayor’s elevation to the Supreme Court without ambiguity is Anita Hill, who graduated from Yale Law one year after her and now teaches social policy, law and women’s studies at Brandeis University. “As an experienced lawyer and jurist,” Ms. Hill wrote on the first day of the hearings, “Judge Sotomayor is representative of a generation of hardworking and talented women lawyers.”


Jill Abramson, a managing editor of The Times, is co-author of “Strange Justice: The Selling of Clarence Thomas” and “Where They Are Now: The Story of the Women of Harvard Law 1974.”


Copyright 2009 The New York Times Company

Saturday, August 8, 2009

Supreme Court Justice Nominee Sonia Sotomayor vs. Right Wing Racism & Sexism

http://www.alternet.org/rights/141321

All,

The most deadly, dangerous, and powerful enemy of African Americans, Latino Americans, and Asian Americans in general, Women in general, the poor in general, the working class in general, children in general, Freedom in general and Democracy in general in American society today is the truly heinous Republican Party and their endless number of severely bigoted and demagogic minions, mentors, sponsors, and supporters. Anyone who doesn't know or believes this blatantly obvious fact is not only a hopeless FOOL but ultimately deserves their "fate." As so many have said so accurately so many times in our collective history "truth crushed to earth shall rise again"...

Kofi


The 10 Dumbest Things Republicans Have Said About the Sotomayor Hearings
By AlterNet Staff, AlterNet
Posted on July 15, 2009


http://www.alternet.org/story/141321/


At her Senate confirmation hearing yesterday, judicial nominee Sonia Sotomayor had to keep a straight face while Republicans heaped shame upon their party with a flood of ridiculous questions, unjustified jabs and pointless rants.

From sexist attacks about Sotomayor's "temperament" to a rigorous interrogation about the definition of nunchucks, GOPers came up with a multitude of embarrassing ways to try to hinder the Supreme Court nominee's confirmation.

The craziness and incompetence on display at the hearings has been more than matched by the absurd smears leveled at Sotomayor in the conservative media. The shining lights of conservatism -- Pat Buchanan, G. Gordan Liddy and Rush Limbaugh -- have outdone themselves with uninformed, offensive rants about the nominee.

AlterNet has compiled the 10 dumbest, most ridiculous statements about Sotomayor to issue from the lips of GOP lawmakers and other conservatives in the past few weeks.

1. Early Tuesday morning, Jeff Sessions seemed surprised that Sotomayor's legal decisions sometimes diverge from those of other judges of Puerto Rican descent. During a series of questions about Ricci v. DeStefano, Sessions scolded:

You voted not to reconsider the prior case. You voted to stay with the decision of the circuit. And in fact, your vote was the key vote. Had you voted with Judge [Jose] Cabranes, himself of Puerto Rican ancestry, had you voted with him, you could've changed that case.


An interesting tack, especially considering that since Sotomayor's nomination, Republicans have desperately clutched at her "wise Latina" comments in order to unconvincingly argue that Sotomayor would let her personal experience dictate her judicial decision making -- thereby continuing the grievous oppression of white men.

Sessions' barely suppressed racism comes into even sharper focus when we consider Steve Benen's point: "Imagine how absurd it would have been if, during [Samuel] Alito's confirmation hearings, [Wisconsin Sen.] Russ Feingold pressed him on why he didn't vote in a certain case with another Italian American judge."

2. A slightly more subtle (but hardly less stupid) question came from Arizona Republican Jon Kyl, who, when he wasn't reveling in the sound of his own voice, asked whether Sotomayor has "always been able to find a legal basis for every decision that (she's) rendered as a judge."
"This is not a trick question," Kyl assured her (as though the poor lady might be intimidated by the sheer force of his intellect). "I can't imagine that the answer would be otherwise than, yes, you've always found some legal basis for ruling one way or the other, some precedent, some reading of a statute, the Constitution or whatever it might be."

But, just to make sure: "You haven't ever had to throw up your arms and said, 'I can't find any legal basis for this opinion, so I'm going to base it on some other factor'? "

Yes, Sen. Kyl, when in doubt, she consults the zodiac. ("Well, the moon is in Cancer, so...") Seriously, people. She's a judge, not an astrologist.


3. After solemnly reminding Sotomayor that the New Haven, Conn., firefighters case is just one of many "cases where people are discriminated against," Utah Sen. Orrin Hatch took the opportunity to indulge in a little guilt by association -- while denying he was indulging in guilt by association.

"Let me just make one last point here," Hatch said. "You have nothing to do with this, I know. But there's a rumor that People for the American Way has -- that this organization has been smearing Frank Ricci, who is only one of 20 plaintiffs in this case, because he may be willing to be a witness ... in these proceedings.


"I hope that's not true. And I know you have nothing to do with it, so don't -- don't think I'm trying to make a point against you. I'm not. I'm making a point that that's the type of stuff that doesn't belong in Supreme Court nomination hearings. And I know you would agree with me on that."

Right. I mean, no offense, Sonia, Sen. Hatch is totally not trying to hold that against you. Who brought up that nasty business about People for the American Way, anyhow? Offensive! I'm glad you agree.

4. Pat Buchanan, who cut his political teeth writing speeches for Richard Nixon, has a long history of embracing the vision of a diverse America. As Think Progress notes, he has: argued that slavery was good for African Americans; suggested Latinos don't want to assimilate; and openly wished that America was a country where everyone -- or almost everyone -- was white (someone's got to clean the toilets).

So it should come as little surprise that Buchanan concluded, without a shred of evidence, that because all of the finalists on Obama's short list were women, Sotomayor got to where she is not by dint of hard work but as a result of affirmative action, the classic right-wing bugaboo.

The claim was so egregious that even the usually docile Nora O'Donnell called him on it, saying, "you're suggesting it's an absolute outrage if the final four are women. If got down to final four, and they were all white men, would that bother you in the least?"

Watch it:

5. It's possible that during his years behind bars, convicted felon and right-wing squawker G. Gordon Liddy grew unaccustomed to having women around; and we can understand fearing the unfamiliar. But Liddy has been out since President Jimmy Carter commuted his sentence in 1977, so it's shocking that he would actually make this suggestion publicly (via the Washington Independent):

Let's hope that the key conferences aren't when she's menstruating or something, or just before she's going to menstruate. That would really be bad. Lord knows what we would get then.

Daphne Eviatar asked: "Maybe it's OK if female Supreme Court justices are postmenopausal? Or have no feelings or sentiments at all?"


6. Senator Lindsey Graham accused Sotomayor of terrorizing lawyers. Sotomayor calmly replied that she asks tough questions, as judges are wont to do.


Graham: OK. Now, let's talk about you. I like you, by the way, for whatever that matters. Since I may vote for you, that ought to matter to you. One thing that stood out about your record is that when you look at the almanac of the federal judiciary, lawyers anonymously rate judges in terms of temperament. And here's what they said about you: "She's a terror on the bench. She's temperamental, excitable, she seems angry. She's overall aggressive, not very judicial. She does not have a very good temperament. She abuses lawyers. She really lacks judicial temperament. She believes in an out -- she behaves in an out-of-control manner. She makes inappropriate outbursts. She's nasty to lawyers. She will attack lawyers for making an argument she does not like. She can be a bit of a bully." When you look at the evaluation of the judges on the Second Circuit, you stand out like a sore thumb in terms of your temperament. What is your answer to these criticisms?

Sotomayor: I do ask tough questions at oral arguments.

Graham: Are you the only one that asks tough questions in oral arguments?

Sotomayor: No, sir. No, not at all. I can only explain what I'm doing, which is when I ask lawyers tough questions, it's to give them an opportunity to explain their positions on both sides and to persuade me that they're right. I do know that, in the Second Circuit, because we only give litigants 10 minutes of oral argument each, that the processes in the Second Circuit are different than in most other circuits across the country. And that some lawyers do find that our court, which is not just me, but our court generally, is described as a hoc bench, it's a term that lawyers use. It means that they're peppered with questions.

Lots of lawyers who are unfamiliar with the process in the Second Circuit find that tough bench difficult and challenging.

Graham: If I may interject, judge, they find you difficult and challenging more than your colleagues. And the only reason I mention this is that it stands out. When you -- there are many positive things about you, and these hearings are designed to talk about the good and the bad, and I never liked appearing before a judge that I thought was a bully. It's hard enough being a lawyer, having your client there to begin with without the judge just beating you up for no good reason. Do you think you have a temperament problem?
Sotomayor: No, sir. I can only talk about what I know about my relationship with the judges of my court and with the lawyers who appear regularly from our circuit. And I believe that my reputation is stuck as such that I ask the hard questions, but I do it evenly for both sides.

Graham: And in fairness to you, there are plenty of statements in the record in support of you as a person, that do not go down this line.

But I will just suggest to you, for what it's worth, judge, as you go forward here, that these statements about you are striking. They're not about your colleagues. The 10-minute rule applies to everybody and that obviously you've accomplished a lot in your life, but maybe these hearings are time for self-reflection. This is pretty tough stuff that you don't see from -- about other judges on the Second Circuit.

7. The Committee for Justice* -- a right-wing group opposed to Sotomayor's confirmation -- is airing ads claiming that the Yale graduate led a terrorist organization. According to Think Progress:


The claim that Sotomayor led a terrorist organization apparently refers to her service on the board of the Puerto Rican Legal Defense and Education Fund, a mainstream civil rights organization. It seems that, in the right-wing mind, a group that protects Latinos from race discrimination is exactly the same as al-Qaida.




8. In what was perhaps one of the odder moments of the hearings, Hatch forced the nominee to expound on the dangers of nunchucks, a martial arts weapon. The point, of course, was the Second Amendment and the right to bear arms and how it played out in the 2009 case Maloney v. Cuomo. But all-in-all, a strange topic for a Supreme Court confirmation hearing.

Watch it:

9. Self-professed leader of the Republican Party, Rush Limbaugh, had the gall to argue Monday that Sotomayor's "wise Latina" comment was "much worse" than former Virginia Sen. George Allen's macaca comment.

From Media Matters for America:


10. Then there is Glenn Beck's contribution to the confirmation process. On Monday, Beck decried the questioning from Senate Democrats during the first day of Sotomayor's confirmation hearings.

"America, I want you to watch this," he ordered. "As as our country burns to the ground ... this is the questioning -- and get ready, because it's a hard line of questioning -- here's what happened; this is what our senators were doing today."

Beck then showed a short montage of the senators praising Sotomayor, calling her "supremely well-qualified," "the most experienced nominee to the Supreme Court in 100 years" and "very special woman."

There was only one problem: As Media Matters pointed Monday night, "Unfortunately for Beck, there were no questions today. The first day of the hearings is when senators and the nominee make opening statements."

"This is like a cartoon show!" the clueless Beck said when the clip was over. (And let's face it, it takes one to know one). "The world is upside down."

That's what happens when you live outside the fact-based universe, Glenn.

It appears that the Republicans and other conservatives that have turned Sotomayor's nomination into a circus could learn a thing or two about reality.

Correction: The Committee for Justice was misidentified as the Alliance for Justice. AlterNet regrets the error.



© 2009 Independent Media Institute. All rights reserved.
View this story online at: http://www.alternet.org/story/141321/

Thursday, June 11, 2009

The Doctrine of White Supremacy, Supreme Court Nominee Sonia Sotomayor, and the Republican Right

All,

The doctrine of White Supremacy/Racism Never Sleeps here in the United Hates Of Hysteria.

As always it is a clear and present danger to us all.

Check out the "cartoon"...

Kofi


Sotomayor Cartoon In The Oklahoman Comes Under Fire
Huffington Post
First Posted: 6- 3-09


Some women's groups are outraged over an editorial cartoon that ran in The Oklahoman newspaper on Wednesday - it depicts Supreme Court nominee Sonia Sotomayor strung up like a piñata with a sombrero-clad President Obama handing out bats to Republican members of Congress.

Jean Warner, the chair of the Oklahoma Women's Coalition, wrote:

She's served on the US Court of Appeals for the 2nd Circuit for 10 years, heard over 3,000 cases and written over 380 opinions (but she's of Puerto Rican descent ~~ ergo the piñata image - right? wink, wink).

Not funny; actually stupid and damaging. A picture speaks louder than words and that cartoon sends a message to women of all ages: "Back off. Know your place. Or we'll take a stick to you and teach you a lesson."

Daily Kos poster OKC law dork wrote:

"I'm appalled that [The Oklahoman] would publish a cartoon showing a federal judge who happens to be a minority strung up from a tree... There is a vigorous racist block of voters in Oklahoma who harbor racist feelings toward 'Mexicans' (usually meaning anyone of Hispanic origin) that I believe this cartoon is catering to."

The editor of the Oklahoman, which is considered to have a conservative editorial viewpoint, did not return calls for comment.

Judge for yourself. Here's the cartoon: