Politico chief political columnist Roger Simon, a longtime correspondent for the Baltimore Sun and U.S. News & World Report, simply cannot believe it’s controversial for Sonia Sotomayor to claim a "wise Latina woman with the richness of her experiences" makes a wiser judical decision than a presumably privileged white male. "I have read those words over and over, and I still fail to see what is wrong with them."
To Simon, that’s apparently as true as two and two make four. He complained that the White House tried to apologize for it as a poor choice of words:
Why? I don’t get it. Why was her word choice poor if "she was simply saying that her life experiences" gave her "information about the struggles and hardships" of people?
We all know why. If you are not white, you have to be careful what you say. You cannot hint that you may actually know more than white people.
In the world of Simon, America is still a country of white supremacists who cannot imagine the concept that minorities are inherently smarter than whites because of their hardships. He is angry that Newt Gingrich and Pat Buchanan are only upset at reverse racism – which even if it were true, it’s a little odd for Simon to lament, since he’s only mad at white racism, not racism by minorities. His column concluded this way:
Still, she might have gotten through the confirmation process easily if she had not made that gaffe back in 2001. And I know what she said was a gaffe because I know Kinsley’s Law, as formulated by journalist Michael Kinsley: A gaffe in Washington is when someone tells the truth.
Sotomayor told the truth in 2001, and now she must pay for it. She must "walk back" her remarks. She must choose new words.
As a justice of the Supreme Court, she will be able to speak freely and, I hope, with understanding, knowledge and courage.
But as for now, she knows what she must do. She must do what nonwhite people have been taught to do in this country: She must watch her mouth.
—Tim Graham is Director of Media Analysis at the Media Research Center.




















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Why? I don’t get it. Why
June 4, 2009 - 07:14 ET by motherbeltWhy? I don’t get it. Why was her word choice poor if "she was simply
saying that her life experiences" gave her "information about the
struggles and hardships" of people?
Maybe because an appreciation of the struggles and hardships of people [should] have no bearing on the interpretation of the constitutionality of laws?
Even Judge Judy doesn't bend the law just because she feels bad for someone's circumstances!
Are we headed for a Supreme Court where feelings about "fairness" matter more than the Constitution?
I didn't think it was physically possible, but this both sucks and blows. -Bart Simpson
He doesn't get it
June 4, 2009 - 08:31 ET by KC MulvilleSorry, mb - what you wrote has unleashed me ... forgive the length ...
Simon assumes that your experiences make verdicts different, depending on your background. He's therefore unable to understand the criticism, because he takes it so much for granted. It's applying the Heisenberg Principle to law: that the observation of the law changes it.
The whole argument tiptoes on a fine distinction.
Originalists have no problem with the concept of changing policies, but we insist that once the people have spoken, that's what governs. The law must follow what the people agreed to. In other words, the place to worry about different backgrounds and "personal stories" is in the legislature. It might belong in the creation of the law, but not in the interpretation of it. If you want the law to reflect the richness of diverse personal stories, then elect diverse people to the legislature. The bench is the wrong place.
You'll often hear analysts claim that the nomination process was intended to be political, but that just displays historical ignorance. When you and I think of politics, we think of Democrats and Republicans. But when the constitution was written, political parties hadn't developed yet, and the constitution didn't anticipate them. They thought the big struggle of politics was going to be between branches of government (remember, they were still living in times when parliaments fought with kings). When the Founders created the nomination process, they were trying to take politics out of it; after all, judges aren't elected. The constitutional idea was that the other two branches of government (which they expected to be competing against each other) would have to forge an agreement on a judge - thereby forcing the candidate to be politically neutral ... and by neutral, they meant that the candidate didn't favor congress or the president. They never intended it to be a fight between Democrats and Republicans; how could they? Parties didn't exist yet.
So, going back to Sotomayor ... the criticism is that her nomination is a political appointment. No one doubts this. The Democrats are gloating in the politics of it, and taunting the GOP to oppose a Latina woman do as not to offend the Hispanic vote.
I agree, KC... you put it
June 4, 2009 - 09:31 ET by motherbeltI agree, KC... you put it very well.
Another point: the confirmation process was supposed to hinge on whether a judge was able and competent to fulfill the job, not on how they "felt" about certain things. That all changed with Roe v. Wade. Judicial "philosophy" became a valid consideration.
Now we are devolving even more, into a system where the law can be bent, twisted, and ignored in the name of "emphathy."
As I've commented before, we may soon be looking at a "Queen for a Day" Supreme Court where cases are decided by who makes the best case, for what he wants and thinks he deserves, not by what he is entitled to, by law.
I didn't think it was physically possible, but this both sucks and blows. -Bart Simpson
KC - Your post is one of the most concise and coherent I have
June 4, 2009 - 16:50 ET by Rush Fanever read on this subject. Really outstanding! Do you teach law or history, or are you associated with the legal profession?
---------------------------------------------------------------
“Understand something about liberalism. They never stop until they get what they want, and when they get what they want, it's never enough. That's why it's a constant thing to have to oppose them. You can't join forces with them, you can't moderate them, you can't slow them down by joining them, you can't make them like you and have them change their agenda. They have to be stopped.” ~ Rush Limbaugh
High praise indeed
June 4, 2009 - 19:05 ET by KC MulvilleThank you, RushFan. No, I'm actually a computer guy now. But I was lucky to receive a great education (in my opinion) at the grace of those wacky Jesuits. I have a couple degrees in philosophy.
Actually, all of my comments about the law are from the perspective of philosophy. The philosophy of law was a favorite topic, so whenever I come across a legal issue, I'm compelled to get involved. But as far the actual practice of the law as a profession, I know absolutely nothing. I couldn't write a contract to buy lemonade.
You see, that's where stealing other people's ideas comes in handy ... I just take credit for it ...
First off, it's not a gaff
June 4, 2009 - 07:22 ET by 10ksnookerHow do you know when your choices are an insult to the law and Amercican jurisprudence?
There are way to many racist bigoted statements in Judge Sotomayor's writing, speeches and opinions, to not have known beforehand. The latest travesty is the 'fire fighters' opinion, which is obviously racist. Didn't Sotomayer try and hide the main points of the arguments made and get admonished for the conduct?
And why would we want anybody like this to be on the highest court, where lady justice stands blindfolded over the benches? Heck they even sell bronze versions of blindfolded lady justice in the gift shop.
I just don't get the liberal mantra, every court needs their bigot. Where are the lawyers? Is ideology all there is anymore?
Extending Sotomayor's
June 4, 2009 - 07:29 ET by Hunter12Extending Sotomayor's logic, what the hell does Roger Simon, an old white guy, think he's doing in expressing an opinion on this subject. We need to hear from Geraldo Rivera, not this stupid honky. What on earth could he possibly know?
"An appeaser is one who feeds a crocodile, hoping it will eat him last." - Sir Winston Churchill
Bullseye, Hunter. Simon
June 4, 2009 - 07:56 ET by NewsbusterbrownBullseye, Hunter. Simon would start doing a Ralph Kramden "hamana" if you threw his warped logic back at him the way that you just presented it.
“There are no easy answers' but there are simple answers. We must have the courage to do what we know is morally right.” - Ronald Reagan (1964 Republican Convention)
If you read his bio, he
June 4, 2009 - 08:11 ET by Hunter12If you read his bio, he adds the triple whammy "rich" to the collective that disallows his intelligence in the latina judicial world, so we have "rich-white-dude" expressing an opinion. One should never borrow a pair of boots from this man, unless seeking urine-soaked socks.
Look at the last line of the bio, "When Simon dies, he intends to be buried in Chicago, so he can still participate in the politics of that city.". It's sad that someone can fall so far into bed with a party suborning the will of the people and still make jokes about it.
"An appeaser is one who feeds a crocodile, hoping it will eat him last." - Sir Winston Churchill
Hunter, you
June 4, 2009 - 10:54 ET by boomerconHunter, you obviously missed Geraldo's rant and screed on Fox the other night. He was in the panel discussion, and totally lost his cool, yelling, screaming, slapping the table. For a minute there, I was sure he was going to break out his "I was a boxer in college" routine, and challenge the others to step outside. After the break, he apologized, but then started right back at it.
He sees nothing wrong with her, and everything wrong with challenging her nomination to SCOTUS.
He was immature, unprofessional, highly emotional, and while I was not a fan, I'm now disgusted by him as much as by the bowing BW. No creds for YOU!
Re Geraldo
June 4, 2009 - 11:17 ET by slickwillie2001I missed that, what show? Maybe it was Hannity during the 1/2 hour of the Goode Family? Video available?
This is the New 1984
June 4, 2009 - 07:33 ET by DontFeedTheTrollsThis whole world is topsy turvey. Blacks created slavery, but it's all whiteys fault - a latino makes a racist remark, but it's all whiteys fault - muslims murder Americans, but it's all whiteys fault. 1984 has arrived and newspeak and doublethink flourish.
Did you know that now, white males Americans are a MINORITY in the work force, but they of course are not, and will never be, afforded minority status.
Sheesh.
D
Keep the ILLEGALS out, join NumbersUSA to send free faxes to your reps.
If you are not white, you
June 4, 2009 - 07:38 ET by gueinIf you are not white, you have to be careful what you say.
This is a monumentally stupid comment. What country is Simon living in? Has he not witnessed the effect of his own profession on our culture? Does he live in such a bubble that he has lost touch with reality? These are all rhetorical questions, of course.
Exactly. Removing the
June 4, 2009 - 07:42 ET by motherbeltExactly. Removing the word "not" from that statement makes it true.
Which is why Sotomayor gets all kinds of excuses made for her comment.
I didn't think it was physically possible, but this both sucks and blows. -Bart Simpson
Thanks Simon for confirming
June 4, 2009 - 07:44 ET by dscottThanks Simon for confirming the trope liberals believe and the empathy they have for all people, some people are more equal than others. Obama picked a person with empathy and now we see that empathy is a liberal code word for racism by Simon's de facto admission. Newt, you were correct the first time.
Nancy Pelosi and Harry Reid, starving the poor one gallon of ethanol at a time. Fill your tank with E85 and cull a village.
Well NOT EGGGZACTLY
June 4, 2009 - 07:52 ET by theduck61. She didn't say her experiences would make her a good judge. She said her ethnicity and gender would make her a BETTER judge than a "white man". A judge who is supposed to interpret the law and NOT "set policy".
Her membership in "La Raza" who's motto is "All for the race, nothing for the rest".
Sorry Newt. Grow another pair. You were correct the first time. SHE IS A RACIST.
This is all a misunderstanding
June 4, 2009 - 08:02 ET by c5thenLiberals (and therfore most journalists) think that the role of judges is to make law from the bench. Deciding for who or in what circumstances the law will be upheld or not. This is why they think the statement by Sotomayor is OK. After all that's the role that they see her having. Applying this to the US Supreme Court, they see it as a justices job to decide what rights they can give to people and what rights it's OK to take away, sometimes from only certain segments of the people. This is why "empathy" is seen as an esential quality.
Conservatives on the other hand see the judges role as using the law to rule in the specific circumstances. Applying this to the US Supreme Court, they see it as a justices job to read the Constitution and use that as the absolute benchmark for laws passed by Congress. That is why they see empathy as the wrong quality because in a Constitutional issue, the particulars of the plantiff and defendant are immaterial and the impact on the country as a whole are the question. Constitutional justice should always be blind.
It really comes down to whether you think we are appointing a judge or a queen.
Hey, I got the wrong "CHANGE"!
www.loyaltoliberty.com
I AGREE WITH SIMON
June 4, 2009 - 08:27 ET by SgthulkaAny Latina would be wiser than he is.
You first Roger...
June 4, 2009 - 08:27 ET by jdripperWhy is it that white male liberals always believe that it is all the rest of the white males not themselves that are evil, incompetent, and/or stupid?
Tell you what Roger when you admit that latina females are better writers and understand the political systems of this nation better then white males and you resign your position to allow a more deserving minority to have your job then come and lecture to us you bigot.
Jack
"If at age 20 you are a conservative then you have no heart. If at age 30 you are a liberal then you have no brains." Sir Winston Churchill
Keith Olbermann and Chris
June 4, 2009 - 08:58 ET by Hunter12Keith Olbermann and Chris Mathews should go to his house and beat the crapola out of him for saying their opinions are wothless.
I realize that isn't what he said, but it would be fun to watch the slapping and hair-pulling. Chrome-dome Simon would have a major advantage in that fight.
"An appeaser is one who feeds a crocodile, hoping it will eat him last." - Sir Winston Churchill
A hypothetical court case
June 4, 2009 - 08:29 ET by GalvanicI am a judge sitting before the Case of SGT Smith vs. Roger Simon. SGT Smith is a US Army soldier who was evicted from his apartment by landlord Simon because he fell 3 months behind in his rent. Smith was not deployed during the period, and never contacted the landlord to discuss difficulties with meeting the terms of the lease.
And I am a veteran of 24 years of military service.
Here's my decision ---
JUDGE ELDARD: While the facts of the case do establish that SGT Smith was in violation of his lease of the apartment, it is evident that the Mr. Simon does not appreciate the hardships of a soldier's life, and that junior military personnel are not well-compensated for the arduous duties they must perform -- often away from family and home, and sometimes under the most hazardous of conditions. The landlord, Mr. Simon, could have shown more empathy toward SGT Smith, but obviously is unfamiliar with the circumstances under which SGT Smith must perform his duty daily, protecting us from deadly threats. Patriots would understand.
Therefore, I am going to rule in favor of SGT Smith, under the condition that he pay his obligated debt under the terms of the lease, if and when it is possible.
Now Mr. Simon, did I make a better decision than the generic "old white guy."
Case dismissed.
Yes it's true that wise
June 4, 2009 - 08:35 ET by eaglewingz08Yes it's true that wise latinas make better judges than men, just ask Eva Peron and Queen Isabella (who instituted the Spanish Inquisition).
"I have read those words
June 4, 2009 - 08:38 ET by mattm"I have read those words over and over, and I still fail to see what is wrong with them."
That's because you're a freaking moron.
Got it backwards
June 4, 2009 - 08:45 ET by pgrossjractually you have to watch what you say if you are white, not the other way around. That is why her statemetn has gone unchallenged for several years, while Newt's was jumped on immediately. Ever hear of any minority radio/TV hosts losing their jobs for statements that pushed the envelope?
True ... and more
June 4, 2009 - 09:41 ET by GalvanicIf you're a female and/or a non-white male, you get a "do-over" (Hers will come). Meanwhile, libs like Obama explain her comment this way: "She should have chosen her words differently, but what she was saying is that her experience (yadda-yadda-yadda) shaped her worldview and this makes her a good judge . . . "
Uh, no Mr. President. Her words were explicit and her message clear: BECAUSE OF HER EXPERIENCES AS A LATINA WOMAN, SHE WILL MAKE BETTER DECISIONS MORE OFTEN THAN AN OLD WHITE MALE."
Yo-yo dieting by the letter of the law.
June 4, 2009 - 10:22 ET by CrashSo ... what this guy's saying is that "white men" adjudicate a case by following the structure of the law. Whereas, Oprah and her merry band of Sotomayor's "feel the law" because their estrogen levels make them less stable! Sounds more like a "bipolar disorder."
"A man with an experience is never at the mercy of a man with an argument." Hilmar von Campe
"I have read those words
June 4, 2009 - 10:41 ET by NL207"I have read those words over and over, and I still fail to see what is wrong with them."
This summarizes what is so abjectly wrong with the left. Simon is completely unable to appreciate that Sotomayor's claim to superior judicial judgement is based upon her race and gender is an expression of racism and sexism. Were we to rephrase the claim thusly: "wise descendent of European Kings with the richness of his experiences", no doubt Simon would recoil at such a remark and label it bigoted, and he would be right. Hi own prejudice is why he doesn't recognize Sotomayor's statement for the bigotry it so clearly is.
And how is what he's saying
June 4, 2009 - 11:35 ET by wiwfAnd how is what he's saying not racist? lol
The Rocky Mountain Collegian: Illustrating Idiocy
Neither race nor sex is a qualification for S.C. justice
June 4, 2009 - 13:24 ET by nkviking75"We all know why. If you are not white, you have to be careful what you say. You cannot hint that you may actually know more than white people."
Really? Then why is the MSM (or to borrow Rush's new phrase, the state-controlled media) repeatedly warning the GOP about the perils of opposing a Hispanic female for the Supreme Court? If the GOP were truly color blind, they'd state in no uncertain terms that neither sex nor race is a qualification for the judge, and that being unbiased means focusing on her record.
Simon's statement is idiotic.
When you put the clowns in charge, don't be surprised when a circus breaks out.
Politico?
June 4, 2009 - 13:28 ET by slickwillie2001The folks at Politico seem determined to turn it into a kind of New York Times-lite.
I have , many times referenced ---
June 4, 2009 - 14:07 ET by misterbilla book "The Rise if America" by John D Diamond. It is subtitled, "Fighting the Next American Revolution and the Constitutional Crisis".
I keep it here beside my PC. I, very often, open it at random and review. In his preface John's bullet #2 is:
"How the Supreme Court has illegally and unconstitutionally ripped powers from the hands of a predominantly Judeo-Christian people and has essentially outlawed the system of government that our founding fathers had created".
Today when a Supreme Court decision is handed down, it is adopted. In other words, the judiciary is in effect , legislating. That is not the responsibility of the Supreme Court. They are supposed to make decisions on the legality of issues relative to the Constitution. The Legislative and Executive branch were to make any laws or rules relatuive to the court's interpretation. They also had the power toreject making any laws or rules based on the judicial opinions. Under theTenth Amendment, the states have the right to reject these opinions too.
The admiration and respect I feel for what our founding fathers put together via the three branches of government is unbounded . What a shame we let it change.
To seat this obviously prejudiced person (Sotomayor)on the bench, who, like our president has in ingrained hatred for this country is no just foolhardy, it is traitorous.
We already have seated so many judges over the years who had axes to grind that I was surprised there were not mass uprisings by the people. In the past two years since the beginning of the presidential campaigns, I am no longer surprised. America is populated with fools who either do not know what the Constitution is or do not understand it.
If they spent 1/100th the time they spend watching American Idol to taking a peek at the Declaration of Independence or the Constitution, we would be a much better country.
Garofolo them!
Supreme Equity
June 4, 2009 - 21:36 ET by vote24Why doesn't someone just go ahead and ask it? What happens when a white male comes into the supreme court against a latina? Game over, I'm afraid.