Why Sotomayor Isn't Worthy to Sit on the Supreme Court

The Opinion

There's been some great judges to sit on the Supreme Court. And before they were part of the Court, they were already "in the zone" so to speak. Meaning, they weren't just thinking about how a case is resolved under current law, but how it "should" be resolved. I'm not talking about "judicial activism" which implies a political or personal interference.

Part of the key to the great ones, or even just ones who are simply qualified, is an awareness. You can't tackle a problem if you aren't aware of it. You can't just look at both sides of an argument and assume that's all with which you can rely. Even worse, though, is choosing to be narrowminded.

Another part is being able to see the solution... which can be pretty difficult and may take some time after becoming aware of the problem. I think of one of the greats, Learned Hand. That's his name, and it fits because he's a fresh razor in a tool shed. A great that never got to sit on the Supreme Court, unfortunately.

Anyway, he had a case before him which basically required figuring out who was liable in a case of negligence. So, he came up with a formula for it. That formula wasn't already in the law books, or anything else. He saw the need and came up with the answer. That formula was was like "OMG!" in the legal community, a pretty big deal. Anyway, the guy is like the epitome of this sort of situation, many many important opinions from him, he was a source of enlightenment to many.

Another was a guy named Cordozo. He eventually got the Supreme Court, but wasn't there very long because he died. But like Learned Hand, he recognized problems and found solutions. As part of the Supreme Court... it's expected.

Now, let's look at what Sontomayor has to offer. In this very recently released opinion (today!), linked above, we have a case where a city decided not to promote any firemen to Lt. or Cpt. because only whites and two hispanics would have been eligible. The City thought the test showed a "disparate impact" and that they would be liable if they certified the scores. So, because nothing but white people and 2 hispanics would have been chosen, they decided to not promote anyone. Oh yeah, that's called intentional discrimination. Yeah, they decided to intentionally discriminate to avoid potential disparate impact liability.

So, the city got sued by the 17 whites and 1 hispanic, all of whom passed and were denied promotion because of the discrimination. The District Court pretty much said stfu and ruled in favor of the City after cross motions for summary judgment. Even more shocking, the appellate court on which Sotomayor is a part of, heard the case and gave a very short, one paragraph ruling, adopting the District Courts reasoning... which was: “motivation to avoid making promotions based on a test with a racially disparate impact . . . does not, as a matter of law, constitute discriminatory intent.” WTF?! That's taking a step back. How in hell was this acceptable to the appellate judges? I can just imagine as the SC was looking at what cases to grant cert, they must have seen this and were just dumbfounded on the basis alone, without even getting to whether they agree with its ultimate result.

So, here was a case where someone like Learned Hand or Cordozo, would have taken the reigns and issued a reasonable and logical decision by taking what they know in law, and applying it to the case at hand. But no. She stayed silent. I wonder why? (sarcasm)

I'll tell you why. Because Title 7 let's people who are otherwise unqualified, get qualified. The supposed intention wasn't that, it was to give all people an equal chance based on the job, and not on race. Yet, the opposite is happening, has been happening, and won't stop until the law is either scrapped or re-written.

Don't we want the best and brightest? If anything, failing the test or not scoring high enough for promotion could have been caused by countless things. But it should have had the effect of, to a person really wanting to get promoted, motivating an individual to try harder, or be better prepared next time. That has nothing to with race either, it's a human thing.

The outcome of the case is that from now on, if you're going to discriminate to avoid disparate impact liability, you had better have a pretty freekin good basis (strong basis) to think you'd be liable. In this particular case, the city had a very weak basis, so they finally lost.

But anyway, Sotomayer dropped the ball on this case completely. She was part of the appellate court that decided to side with the lower court. I won't buy some excuse like, too many cases or whatever, the SC goes through tons of cases just to decide which ones they'll hear. And then they hear them and throw out opinions. So, if she hasn't learned the job by now, then let's get on with seeing the next nominee.

The top news headlines on current events from Yahoo! News - Yahoo! News

Lots of photos lately from Iran, many with people holding signs asking where their vote went. But, something's missing though... hmm... oh yeah, a burning plastic US flag. Where's the burning flag!?!?!?

No picture or news story from that hellhole in the last 30 years has been complete without showing a burning US Flag. This is an outrage! What do they think they can just stop burning flags for the cameras when it suits them? That's just insane. If it wasn't for the scribble, I would think the photo was as fake as those man-walking-on-the-moon photos. And what's with the surgical masks, has Michael Jackson been influencing them?

Iran is so backwards. They're revolution was to go back to living like they did 1300 years ago. Progress? Maybe they were so against the whole idea of evolving, they simply decided to devolve. Of course, the truth of the matter is that they continue to evolve and continue to be exposed to and like progress, but they're ashamed of it, or something, and thus have to hide it. So, your wife goes shopping covered in blankets or whatever, comes home, turns on the TV with satellite service to watch some movies, takes off her blankets and wears her trendy stuff... that sort of thing. So in essence, their revolution is just a facade, or at least turned into a facade. Hell, the revolution iteself was a facade, they got rid of one monarch and simply replaced him with an islamic dictator. Very revolutionary... bleh. More like a coup.

Anyway, so now their people want reforms because their last president, who took hostages back in the 70s, turns out to be a supreme idiot. They don't want 4 more years of Bush, err, I mean Amendignajadiwjiahlkwlalalalala, but guess what... the Iranian dictator wants four more years of Amendignajadiwjiahlkwlalalalala. So, who wins, the people, or the dictator? In this case, I'm going to go ahead and predict... the dictator.

Why? Because the dictator isn't being challenged. At this point, they just want the dictator to wake up, to get rid of the bad, to have a fair election to elect the president of their choosing.

Problem is... this is the guy who either said to cause Amendignajadiwjiahlkwlalalalala to win, or knew about it and approved in some way. Why else would the crackdowns be tolerated by the dictator?

If he was innocent of the fraud, then he would meet the people's requests to assure them the election was fair, and not tolerate the deaths and violence that has been inflicted upon the protestors. But, what if he can't... as in, what if he in actuality lack the power to stop the mess, because the power lies elsewhere. Either that, or he's part of the problem and that's why things have been going downhill. I think the latter.

More importantly, my 11-month old puppy doesn't seem to be feeling well. He's not eating like he should, and he looks weak. My neighbor has tried to poison him, thrown glass against my house and in part of my yard to harm him, so I'm just hoping she didn't give him something else. I'm keeping him indoors now, have had a couple of quotes on putting up an 8-foot fence on that side of the yard, and will get a security camera after that. But, right now I'm not sure if he's sick or maybe just tired because of the heat we're having.

Yes, I've called the cops on the batshit crazy neighbor, but they can't do anything until someone sees her do something. Yes, I know it's her because she's the only one that doesn't like my dog... she doesn't appear to like dogs in general and has done a few childish things even before I moved there. She's part of the reason why the people before me left after 1 year there. Anyway, I'm going to try and catch her on video, maybe I can get her thrown in jail.

Yes, my dog is much more important than fucking iran.

Pakistan kills scores of Taliban in new combat zones - Yahoo! News

Pakistan kills scores of Taliban in new combat zones - Yahoo! News

Pakistan kills scores of Taliban in new combat zones

Reuters – Policemen search through the wreckage at the Pearl Continental Hotel in Peshawar, the morning after a …

By Adil Khan Adil Khan – 2 hrs 19 mins ago

BANNU, Pakistan (Reuters) – Pakistan unleashed helicopter gunships and artillery to kill scores of Taliban fighters, officials said on Thursday, after opening a second front against militants near their stronghold in the Waziristan tribal region.

Already in the final stages of an operation to clear Islamist fighters from the Swat valley, far to the northwest and closer to Islamabad, the military went on the offensive on Tuesday in Bannu district after up to 800 militants infiltrated from Waziristan.

U.S. officials, worried that the Taliban could drive nuclear-armed Pakistan into chaos, have welcomed the Swat offensive and there has been talk that Waziristan, a hub of Taliban and al Qaeda activity, would be the army's next target.

Standing at the gateway to Waziristan, Bannu is 150 km (90 miles) southwest of Peshawar, the capital of North West Frontier Province (NWFP), where a suicide truck bomb attack on a luxury hotel killed at least nine people on Tuesday.

A military statement said on Thursday that during the last 24 hours 66 militants had been killed in fighting mostly in Bannu and South Waziristan, but also Swat.

In Bannu alone, more than 130 militants have been killed since the army swung into action two days ago, according to military officers and a senior civilian official in the area. Independent casualty estimates were unavailable.

"The operation is going on very well. Helicopter gunships, artillery, everything is being used," Kamran Zeb, the top administrator in Bannu, told Reuters.

In South Waziristan, the stronghold of Pakistani Taliban leader Baitullah Mehsud, around 400 militants attacked two forts in Jandola and Siplatoi. They killed three soldiers but lost 22 of their own men, the military statement said.

Adding to catalog of violence, gunmen wounded a provincial minister in the Darra Adam Khel tribal region just outside Peshawar. Three people were killed in the attack, but Mian Nisar Gul, NWFP minister for jails, was in a stable condition, according to a fellow minister who spoke with him in hospital.

AID CRUNCH

Pakistan's decision to opt for military action in Swat has been helped by a shift in public opinion. That support might ebb if the welfare of some 2.5 million people displaced by the conflict in the northwest is mishandled.

Nine aid agencies said on Thursday in London they would be forced to stop or cut back supplies of aid unless a funding crisis was resolved.

The United Nations has appealed for $543 million, but has received only $138 million so far.

The United Nations is heavily involved in relief efforts, and five U.N. workers, including two foreigners, were among those killed in the suicide attack on Peshawar's Pearl Continental hotel.

HEAVY BOMBING

In the tribal region of Orakzai, security forces also used artillery and warplanes to obliterate a militant compound, killing at least five people, but probably more, according to the the region's mayor.

"It's been heavy bombing and there must be many more casualties, both militants and civilians. We're trying to collect the numbers," mayor Gul Khitab said.

A pro-Taliban cleric, Maulvi Jameel, said several militants' positions and hideouts had been struck during the raid. He didn't have information about casualties.

Immediately to the southwest of Peshawar, militants had until a year ago little presence in Orakzai, one of the more developed tribal regions.

There have been clashes scattered across Swat this week, but the largest population centers and key roads have been cleared of Taliban, and the army has smashed the militants main bases and training camps in the mountains.

The military says more than 1,300 militants and 105 soldiers have been killed in Swat.

Some Taliban have fled through the passes to the Kalam valley in the north, and Upper Dir district, where the army has backed a tribal militia, or lashkar, that has turned on the insurgents.

Separatists in the southwest province of Baluchistan delivered a bloody reminder that the Taliban aren't Pakistan's only worry, claiming responsibility for a bomb blast on a train that killed one person and wounded 35 on Thursday.

(Additional reporting by Hasan Mehmood, Alamgir Bitani, and Zeeshan Haider; writing by Simon Cameron-Moore; Editing by Jeremy Laurence)

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First off, round of applause for Jeremy Laurence for great editing. AP totally sucks, except on rare occasions, with their articles, so it's nice to know that Reuters at least cares enough to have an editor and to present stories with respectable English and grammar.

2nd... change is happening in Pakistan. Pak has grown a great big pair of balls and seems to be really hammering the Taliban. I was hoping they'd finally grow a pair, wasn't sure if they would, but they did. So here we go, the fight is really on now in Pak and the U.S. is eager to kill on the other side of the border within Afghanrugistan.

So, after... 2.. take away the 1... divide by... add... oh.. fucking way too long, there is actually a real effort now to get rid of the terrorists who started it all and seem to exist only to cause strife.

Well, I hope I'm not talking too soon. After all, Pak seems to like to call truces. Pak may very well fight the terrorists back to the border area, and then stop. That of course will give the terrorists time and experience to try something better next time.

Anyway, right now Pak looks like they'll finish the job, so to speak. If they want peace in their country, they'd better make sure the Taliban no longer has a safe haven within their border... else, all this will just either be repeated, or Pak will simply be defeated at a later date. But until either...

Go Pak Go!!!

Too Many Chiefs?

U.S. Commander in Afghanistan Is Given More Leeway - NYTimes.com

The new commander over Afghan rugs has a hand-picked team of team, friends of his apparently. That's cool. No problems there.

On the civilian front, however, you have an ambassador, with 3 assistant ambassadors who have been ambassadors in various other countries. That likely means there's going to be a lot of disagreements, to the point that I'd really be surprised if at least one of them didn't leave within a year. If the Afghan rug ambassador, the chief of the chiefs, is a good manager though, then that's a different story... in that he's a manager and the others are doing the work. So... yeah, whatever. We'll see how long it lasts.

But ya never know, the Manhattan Project was a collaboration of "chiefs" so to speak, and even though there was chaos and fighting between them, it apparently was controlled enough to where they worked out the most destructive weapon ever. So, yeah, maybe a similar collaboration can work in the reverse too... if controlled properly.