In a July 7 New York Times Magazine article ("The Place of Women on the Court"; HT to an e-mailer) apparently scheduled to appear in its July 12 print edition (based on its URL), Supreme Court Justice Ruth Bader Ginsburg told the Times's Emily Bazelon that "at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don't want to have too many of."
Who is this "we" Ginsburg refers to?
Alleged reporter Bazelon did not follow up on this astounding admission.
Here, in full context of the Q&A discussion about women's reproductive rights, is Justice Ginsburg's statement:
Here's something most likely to go unnoticed as the mainstream media continues reporting on the fallout of the New Haven firefighter case.
In his "Bench Memos" blog, National Review's Ed Whelan explains in "9-0 Against Sotomayor" how even the four liberal justices in today's Ricci v. DeStefano ruling thought Supreme Court nominee Sonia Sotomayor goofed in issuing summary judgment for New Haven when the case was before her (italics Whelan's, bold mine):
In footnote 10 of her dissent, Justice Ginsburg states: "Ordinarily, a remand for fresh consideration [whether the City of New Haven in fact had good cause to act] would be in order." But because the majority saw no need to remand, Ginsburg explains "why, if final disposition by this Court is indeed appropriate, New Haven should be the prevailing party." (Emphasis added.)
In other words, Ginsburg doesn't believe that final disposition of the case is appropriate. She and her fellow dissenters therefore believe that Sotomayor and her Second Circuit colleagues and the district court were wrong to grant summary judgment to the City of New Haven.
While discussing the appointment of Sonia Sotomayor to the Supreme Court on MSNBC Monday, guest Eliot Spitzer made a startling observation: "Democratic presidents nominate very centrist justices to the Supreme Court. The Republican presidents over the past 10-15 years have nominated very extremely conservative justices and that’s why the court has eschewed to the right."[audio available here]
Spitzer, the former Governor of New York who resigned from office in 2008 amid a sex scandal with a prostitute, went on to lament the unwillingness of Democratic presidents to appoint more liberal justices: "And the role of the Democratic judges – justices – has been to play the middle... And that is, I think, at a larger ideological point, a discussion we should have, because Democratic presidents have been hesitant to put really liberal justices on the court."
MSNBC anchor Dylan Ratigan, who was premiering his new show "The Morning Meeting," did not challenge Spitzer’s absurd assertions, but rather turned to Washington Post editorial writer Jonathan Capehart and asked: "Yeah, Jonathan what do you think about that? That the Republicans have papered it with very conservative judges and that Democrats have tried to go more middle or slightly left of center, as opposed to way left judges?" Capehart agreed with Spitzer: "Well look, I respect everything my – Governor Spitzer says."
As Dan Rather sees it and decrees it, Sonia Sotomayor will make a fine Supreme Court justice. So the former CBS Evening News anchor told MSNBC's Carlos Watson this morning. The pair were discussing the impact of the high court's reversal today of Sotomayor's pro-affirmative action ruling in the New Haven firefighters case.
In Rather's opinion, while Sotomayor would have preferred the Supreme Court to rule the other way, her confirmation will nonetheless sail through, and once she ascends to the bench, she will be "a very good" Supreme Court justice.
For those who hold out hope that perhaps Sonia Sotomayor will be a pro-life surprise on the bench, there are sobering reminders. First, all of the modern "surprise" justices have been closet liberals appointed by Republicans. Clinton's appointees have hardly turned out to be closet conservatives.
Consider that from 1980 until October 1992, Judge Sotomayor served on the board -- at times as vice president and at times as chairman of the litigation committee -- of the Puerto Rican Legal Defense and Education Fund. The New York Times in 1992 described her as "a top policy maker on the board." During that time period, the fund filed briefs in not one, not two, but at least six prominent court cases in strong support of "abortion rights."
WARNING: Viewing the accompanying video could cause a dangerous rise in blood-sugar levels.
When Clarence Thomas was approaching his confirmation hearings, we all remember the touching, sentimental segments the networks ran on his challenging childhood. Or not.
On today's GMA, ABC's Claire Shipman took a sentimental stroll down memory lane with Dr. Juan Sotomayor, Sonia's likable younger brother. At one point, viewing a display about his sister in their old high school in the Bronx, Juan gets choked up. And there's Claire, shown not once but twice reaching out a comforting arm to console the Sotomayor sibling.
The article, written by Peter Baker and Jo Becker, does mention in passing the fact that she has used the quote on multiple occasions, but it did so in the manner of emphasizing her “focus on diversity and struggle.”
CNN’s Soledad O’Brien went so far to use the role of food in “ethnic identity” to support Supreme Court nominee Sonia Sotomayor during Thursday’s “Newsroom” program. When she was asked about Sotomayor’s now-infamous “wise Latina” remark from 2001, O’Brien bizarrely cited a more culinary part of the nominee’s speech where she talked about “pig’s feet and the other special dishes particular, not just to Puerto Ricans, but many Latino families.”
Anchor Heidi Collins first read Sotomayor’s “wise Latina” remark in 2001 to set up O’Brien’s sympathetic and unusual take on the nominee: “Soledad, some people would say the context is not complete with that comment, and because of that, as usual, when you don’t have context, something might be lost?” The CNN special correspondent wholeheartedly agreed and replied that people should read the entire 2001 speech. She continued with her first emphasis on Sotomayor’s ethnic identity: “Puerto Ricans are Americans. She is not an immigrant to this country. What formed her identity, she says, are the shared traditions. And here’s a little bit of what she says about the food. She says, ‘For me, a very special part of being Latina is the mucho platos de arroz, gandoles y pernir- rice, beans and pork- that I have eaten at countless family holidays and special events.’ This is during her speech- she says in the speech back in 2001. She goes on to talk about the pig’s feet and the other special dishes particular, not just to Puerto Ricans, but many Latino families.”
During a segment on Friday’s “American Morning,” CNN correspondent Carol Costello used two liberal talking heads to cast doubt on the “judicial activist” label used by conservatives. Costello used three sound bites from Jonathan Turley of George Washington University Law School, who branded the use of the term as “perfectly juvenile,” and one from NPR’s Nina Totenberg to cast aspersions on conservatives who are concerned about judges legislating from the bench.
Costello’s report, which began 20 minutes into the 6 am Eastern hour of the CNN program, began by labeling the “judicial activist” term itself an “act” by politicians: “We hear politicians say it all the time, ‘we don't need an activist judge legislating from the bench.’ But what exactly does that mean? Critics roll their eyes when they hear, ‘we don't want an activist judge on the bench,’ when, in reality, that’s exactly what they want. I’m just saying, if that’s true, why not drop the act and tell voters what you really mean?” She further explained that it was a “buzzword that’s got staying power.”
You'd expect to see this in the liberal blogosphere or possibly some of the national mainstream media outlets with an obvious agenda. But now some of the preemptive strikes against Republican senators leading up to the Senate confirmation hearings and eventual vote to confirm President Barack Obama's Supreme Court nominee, Sonia Sotomayor, are finding their way into local newspapers.
An op-ed published in The Anniston (Ala.) Star on May 28 by Ari Rabin-Havt, the managing director of the left-wing Media Matters Action Network, attacked the new ranking Republican of the Senate Judiciary Committee, Sen. Jeff Sessions, R-Ala. He alleged that if Sessions and other Senate Republicans didn't commit to taking a filibuster off the table for Sotomayor's confirmation, they would be guilty of hypocrisy.
Ann Coulter and James Carville went head-to-head on Good Morning America this morning. Incredibly, James Carville survived.
At least, it sounds incredible until you read the transcript. A total of nine questions were asked of the two pundits, seven of which went to Coulter. Carville, on the other hand, was simply allowed to respond to Coulter without questioning - an unfiltered rebuttal, with free airtime provided by ABC.
This, however, was not the most egregious point of controversy. Carville was allowed, with no challenge from the host, to provide ad-hominem attacks against conservatives – as well as irrelevant, non-sequitur praise for Judge Sonia Sotomayor. The transcript speaks for itself:
The Washington Post front page for May 27, 2009 announces the Sonia Sotomayor nomination to the Supreme Court with this large headline: "First Latina Picked for Supreme Court; GOP Faces Delicate Task in Opposition." There’s no reference to Sotomayor being a liberal.
Below that is a story on her ethnic identity headlined "Heritage Shapes Judge’s Perspective." Reporters Amy Goldstein and Jerry Markon notice three paragraphs in that she spoke at a conference "bluntly rejecting the argument of conservative legal thinkers that judges should decide cases purely on close readings of facts and law, excluding their own frames of reference." How did previous Supreme Court nominations do in labeling the ideology of nominees? Unsurprisingly the Post highlighted the conservatism of recent Republican nominees, but placed Democratic nominees in the middle.
Here’s a list of Washington Post front-page headlines on the first day after the official nomination that hinted at an ideology:
Samuel Alito (November 1, 2005)
"Alito Nomination Sets Stage for Ideological Battle; Bush's Court Pick Is Appeals Judge With Record of Conservative Rulings"
During the 3:00PM EST hour on MSNBC on Wednesday, political analyst Pat Buchanan wondered why President Obama’s short list for the Supreme Court only included women, in response, anchor Norah O’Donnell declared: "Did it ever occur to you, Pat, that maybe there weren’t any white men who were qualified?" (video here)
Buchanan replied: "No, it did not occur to me...You mean there are no white males qualified? That is – that would be an act of bigotry to make a statement like that." O’Donnell defended her remark by claiming past discrimination against women in the nominating process: "In the past there have been no women that have been qualified." Buchanan argued: "They certainly have been qualified in the past. I don’t doubt there are. But probably half of the great lawyers and judges are white males in this country. And to rule them out, why? Because of their sex and because of their race is wrong, I think. At least it’s affirmative action."
O’Donnell rejected Buchanan’s claim: "I don’t think you have proof that they did that." Buchanan asked: "How did he come down to four women?" O’Donnell simply repeated White House talking points: "He said that they were the best and that met the views that he had, the particular criteria." Buchanan summed up that "criteria": "One of them, it’s got to be a woman, and the other it got down to be, ‘hey, it’s an Hispanic,’ that’s affirmative action."
On Wednesday’s CBS Early Show, co-host Maggie Rodriguez was unusually tough on Supreme Court nominee Sonia Sotomayor as she asked the judge’s former clerk, Julia Tarver Mason, about some of Sotomayor's past controversial comments: "...she, herself, has rejected the notion that a judge should decide cases based solely on facts and the law...referring to one case – she hopes that ‘a wise Latina woman would reach a better conclusion than a white male.’What do you say to critics who say if a white conservative male had said that, he would have been booted out of the judiciary?"
Mason defended her former boss: "Well, I think that comment has been grossly misconstrued, frankly, it was a comment she made in a speech a decade ago, talking about the importance diversity on the court... when she decides a case, she decides it based on the law, as that's appropriate." Earlier Mason had argued that Sotomayor was "legal purist" and "...not someone who is going to try to reach a particular result in a particular case. She calls them straight down the middle, just like she sees them."
Rodriguez later followed up with a question about one of Sotomayor’s most controversial decisions: "Some of her critics are also bringing up a case where she sided against some white firefighters who claimed reverse discrimination in hiring practices...Rush Limbaugh has called her a ‘reverse racist.’ Could that be true?" Mason denounced Limbaugh: "That's an absurd notion. If – Judge Sotomayor is one of the most egalitarian people I’ve ever met...the fact that people from the right are throwing these outrageous allegations right now is just an indication that they don't know much about her record...it was not in any way a radical decision by her. And it was supported by the city of New Haven itself. So if you call her racist, you have to call the entire city of New Haven racist."
ABC’s “Good Morning America” program on Wednesday led their 7 am Eastern hour with three positive reports about Judge Sonia Sotomayor, highlighting her judicial background and personal story.
Anchor Diane Sawyer began the program with a promo of this coverage: “The battle begins: How will President Obama’s Latina powerhouse handle the opposition?...And we also go home to bring you personal details about the girl from the housing projects, nominated for the Supreme Court.”
Correspondent Claire Shipman went so far as to play up trivial details from the nominee’s personal life: “She’s also an avid Yankees fan, a mean guacamole maker, and a fierce biker.” None of the coverage explained how making a killer chip dip adds to her qualifications for the Supreme Court.
After Sawyer’s initial promo, fellow anchor Chris Cuomo immediately chimed in and highlighted the presence of Sotomayor’s mother at the president’s press conference: “Now, I know that the selection of a nominee to the Court is supposed to be about the law and philosophy, but what a human moment to see Sonia Sotomayor talking about her mother. It was really a great human moment yesterday. There’s her mom, literally brought to tears by such a special occasion.”
CNN senior legal analyst Jeffrey Toobin on Tuesday twice labeled President Obama’s Supreme Court nominee Sonia Sotomayor a “moderate liberal.” On American Morning, minutes after the Latina judge’s name emerged near the bottom half of the 8 am Eastern hour, Toobin predicted that she would “probably have very little trouble getting confirmed, and who will be a voice like David Souter for moderate liberalism.” Hours later, during The Situation Room program, he predicted that Sotomayor, if confirmed, would rule as a “moderate liberal, like Ginsburg and Breyer.”
American Morning anchor T. J. Holmes brought on the legal analyst to discuss the Obama nominee. Toobin first outlined that Sotomayor was “a very eminent judge....She brings a certain bipartisan aura, because she was originally appointed to the federal district court by the first President Bush....[T]his looks like a very solid pick, someone who will probably have very little trouble getting confirmed, and who will be a voice like David Souter for moderate liberalism.” Minutes before on the CNN program, Harvard law professor Alan Dershowitz referred to the nominee as “moderate and to the left.” Holmes followed up on this note, and asked, “Is that about right?”
ABC News didn’t use any labels such as liberal or progressive to describe Judge Sonia Sotomayor during its Tuesday morning coverage of her nomination to the Supreme Court. On the other hand, when President Bush nominated Justice Samuel Alito to the high court in 2005, the network’s correspondents repeatedly used the conservative label to describe the nominee.
During the first segment of the 7 am hour of Good Morning America, before Sotomayor’s name emerged, This Week anchor George Stephanopoulos summarized who was on President Obama’s short list for the court nomination, including Sotomayor, describing the former or current occupations they have, but no ideological descriptions. When anchor Diane Sawyer asked about “what kind of fight is the White House anticipating” from Republicans in the Senate and “how do they plan to deal with it,” Stephanopoulos further explained that “Republicans and conservatives have already prepared dossiers on all three of the top candidates....I’ve talked to several Republicans in the Senate about this -- that the chances they’re going to defeat President Obama’s nominee are very, very low. The bar they’re trying to set -- they’re trying to have a debate over the future of the court, over the ideological direction of the court.” But he never mentioned Sotomayor’s judicial philosophy or political leaning.
Norah O'Donnell and Rachel Maddow can't seem to make up their minds. In the same segment, Maddow argues - and O'Donnell fails to question - that Judge Sonia Sotomayor was not picked as an affirmative-action nominee, and follows with the mystifying non-sequitur that opposing "the first Hispanic Supreme Court Justice" would be politically damaging for the Republican party.
O’Donnell was interviewing Rachel Maddow (normally exiled to the prime-time wing-nut section of MSNBC programming, Maddow instead made an appearance just after three PM on Tuesday), and immediately served up a steaming dish of Rush Limbaugh controversy. In keeping with the liberal myth of Republican racism, Maddow immediately pounced:
While NBC's Matt Lauer, Pete Williams and Chuck Todd all appropriately applied the liberal label to Supreme Court nominee Sonia Sotomayor, on Tuesday's "Today" show, Lauer did try to sell the concept, advanced by the Washington Post, that Sotomayor wouldn't be "reflexively liberal."
MATT LAUER: Right, however in the Washington Post, back in May Pete, when writing about her judicial philosophy they said this, quote, "Sotomayor would probably be a reliably liberal vote on the Court, split into conservative and liberal blocks, on many issues, but her friends and colleagues and former clerks say, she would not be reflexively liberal or results oriented but would adhere to the law and the Constitution." We talking about a fine line there?
The following is a full transcript of the segment as it occurred on the May 26 edition of the "Today" show:
MATT LAUER: NBC News has learned that President Obama has tapped federal appeals court judge Sonia Sotomayor as his first nominee to the U.S. Supreme Court. We'll get more on this right now from NBC's chief justice correspondent Pete Williams. Pete, good morning, what can you tell me.
Gender and sexual orientation matter more than judicial philosophy and experience, at least according to the CBS "Early Show" on May 14.
The morning news program focused its discussion of only two of the potential Supreme Court nominees - two openly gay women.
Co-anchor Julie Chen announced the story saying, "Washington is all a buzz over the two openly gay women under consideration." Senior White House correspondent Bill Plante's story followed, which he began by asking "Is America ready for a gay Supreme Court justice?"
President Obama's nominee to be the State Department's top legal adviser, Harold Koh, "is a radical transnationalist who, based on his writings and statements, aims to use international and foreign law to deprive Americans of our rights as American citizens."
So argue a group of respected conservative leaders including former Attorney General Ed Meese, Family Research Council President Tony Perkins, and Media Research Center President Brent Bozell in a May 5 press statement.
You can find the statement in full below the page break:
Now that Sen. Jeff Sessions, R-Ala. has been named the ranking member of the Senate Judiciary Committee, some on the far-left are gunning for Alabama's junior senator. The battle is happening as President Barack Obama is on the verge of naming an appointee to the Supreme Court to fill void of Justice David Souter.Some of the left-wing points that suggest Sessions has racist tendencies were incorporated into a May 6 Politico story by John Bresnahan and Manu Raju.
"By elevating Alabama Sen. Jeff Sessions to their top spot on the Senate Judiciary Committee, Republicans have selected their chief inquisitor for President Barack Obama's first Supreme Court nominee: a Southern, white conservative man who has drawn fire for racially insensitive comments in the past," Bresnahan and Manu Raju wrote. "Democrats like how this is looking."
The story sets up Sessions to be on the defensive about race by spinning the senator's own history. According to the Politico story, Sessions had been accused of unfairly targeting black civil rights workers for election fraud charges as a federal prosecutor during a 1986 Senate hearing for a spot on the federal bench.
New video has surfaced of possible Supreme Court nominee Sonia Sotomayor remarking that the courts are the place "where policy is made." Sotomayor, who is a federal judge on the U.S. Court of Appeals for the Second Circuit, was giving a speech at Duke University in 2005 when the footage was shot. She quickly added, "And I know this is on tape and I should never say that, because we don't make law. I know." As the audience laughed, the judge, who is rumored to be a replacement for retiring justice David Souter, qualified, "I'm not promoting it and I'm not advocating it." More snickering from the crowd followed.
This is the same person that ABC anchor George Stephanopoulos touted on last Friday's "Good Morning America." The "This Week" host spun, "She would be not only a woman, but the first Hispanic on the court. She's built up a strong centrist record on the court." Noting that Sotomayor was nominated by President George H.W. Bush (who, it should be pointed out, also picked the liberal Souter), Stephanopoulos asserted, "So, she has got some bipartisan credentials."
During the 3PM EST hour of live coverage on MSNBC, anchor Norah O’Donnell turned to White House correspondent Savannah Guthrie for reaction to President Obama’s surprise appearance at the daily press briefing to discuss the retirement of Supreme Court Justice David Souter: "Savannah, let me just start with you, the shock factor. I mean, you've got that seat right there by where the President walked out. Were you surprised?" Guthrie replied: "Shocked is more like it, Norah. I felt a little bit like I was having a dream sequence minus the pink unicorn. I have to say, we attend those briefings every day, they are rarely so exciting." [audio for download here]
Guthrie went on to explain: "I had kind of been giving Gibbs a little bit of a hard time, saying, 'look, why does everyone in Washington know this and you're telling us there's been no communication between Justice Souter, the Supreme Court, and the White House?' And sure enough, the President walks in and said ‘I just got off the phone with Justice Souter.’" O’Donnell asked: "Are you suggesting, Savannah, it was your questions that were the reason the President walked out? Because that sounds like where you're going with this." Guthrie humbly replied: "Well, I'm not quite that self-centered. But all I'm saying is I'm very happy to have my question answered, and certainly, personally by the President."
What should President Obama’s impending Supreme Court Justice be? A thoughtful jurist? A legal scholar with impeccable credentials? An experienced, accomplished, wise legal expert to judge whether laws are Constitutional?
Apparently, the most important thing to remember is that this justice should be a Hispanic woman.
Joe Scarborough of MSNBC’s “Morning Joe” was conducting pundit interviews this morning for analysis on Justice Souter’s newly announced retirement. One such pundit was Tavis Smiley, and as a gentle segue into the subject of identity politics, Scarborough brought up Justice Clarence Thomas [emphasis mine]:
While reporting on the announced retirement of Supreme Court Justice David Souter on Friday’s CBS Early Show, correspondent Wyatt Andrews explained: "Souter quickly stunned conservatives in 1992, casting the crucial fifth vote to uphold Roe vs. Wade in the landmark abortion case Planned Parenthood vs. Casey. Souter evolved into one of the court's more liberal justices."
Andrews went on declare that: "Obama specifically promised to appoint justices who are pro-abortion rights." A clip of Obama on the campaign trail was played: "That's why I am committed to appointing judges who understand how our laws operate in our daily lives, judges who will uphold the core values of our Constitution, that's why I won't back down when it comes to defending the freedom of women." Andrews concluded: "In the search for his replacement, the President will face significant pressure, not just to name a liberal justice, but also to appoint a woman justice."
As Kathleen Sebelius was sworn in as Secretary of Health and Human Services on April 28, the media continued its biased coverage of her controversial appointment. News outlets ignored the reason GOP senators had delayed her confirmation - her pro-abortion extremism - and focused instead on the importance of having the Secretary in place to combat swine flu.
But the media failed to note that since the creation of The Department of Homeland Security epidemic-fighting efforts are no longer headed up by HHS. Homeland Security is supposed to work with the Center for Disease Control. The CDC is led by Acting Secretary Richard E. Besser since the Obama Administration has yet to nominate anyone for the top job, something the media, with exception of CNN's Ed Henry, haven't reported.
An interview with Former Secretary of HHS Donna Shalala on "Fox and Friends" April 29 asks if having no director at the department had an impact on the swine flu crisis. Shalala said, "If you remember we transferred the emergency powers for this kind of outbreak to the Department of Homeland Security when it was created. So that power is no longer in HHS. There is no question though that the CDC plays a lead role here and it's very important to get a CDC director as well as the Secretary sworn in."
In other words, this image that's being projected of Sebelius as some radical defender of the abortion industry is very much overstated. She's a pragmatic executive and it's ludicrous that her confirmation process has become so politicized.
Sebelius is, of course, Barack Obama's health secretary nominee. In that capacity, she'll wield considerable influence over governmental policies concerning abortion. Shelly argues:
I'll say this again: Sebelius is a moderate governor in a state that happens to be home to one of the few doctors willing to perform late-term abortions. Just like many other Kansans, that doctor, George Tiller, has exercised his constitutional right to contribute to political campaigns. Some of his money went to Sebelius.
Shelly doesn't detail how much of Tiller's money went to Sebelius. Earlier this month, the Associated Press reported that the nominee "got nearly three times as much political money" from the abortionist than she had reported to the Senate Finance Committee.
News editors need to retake Journalism 101 or move to features when stories about the White House dog take precedence over a controversial veto by the President's unconfirmed appointment to Secretary of Health and Human Services.
Kansas Governor Kathleen Sebelius vetoed a bill, House Substitute for SB 218, April 23 which would have placed additional restrictions on third trimester abortions and allowed more criminal charges over late-term procedures to occur.
With the exception of "Special Report with Bret Baier" that night and "Fox and Friends" the morning of April 24, the broadcast media avoided covering the controversial decision. But "Today," "The Early Show," and "Good Morning America" all had time to cover Michelle Obama talking about the first family's new dog Bo the morning of April 24.
"President Obama's nominee for health secretary received nearly three times as much political money from a controversial abortion doctor as she had told senators," the Associated Press is reporting, noting that this marks "the second time in her confirmation process" that Gov. Kathleen Sebelius (D-Kansas) "had to explain a financial oversight" to the Senate Finance Committee.
Sebelius is only the latest Obama Cabinet pick to face a rocky road to confirmation, and in part over tax trouble, yet when it came to reporting the story on the eve of tax deadline day, the Washington Post opted to quietly tuck the story into the Nation Digest feature on page A4.
In addition to the $12,450 Sebelius reported last week as having received "from 1994 to 2001 from George Tiller, one of the nation's few late-term abortion providers," records show that Tiller also donated "at least $23,000 more from 2000 to 2002 to a political action committee that Sebelius established while insurance commissioner to raise money for fellow Democrats."
Sebelius's need to correct "three years' worth of tax returns" and to pay "more than $7,000 in back taxes to fix improper deductions" was the first "oversight" the pro-choice Kansas governor had to correct.