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May 30, 2009

An Attorney's Take On SotoMayor

Blackiswhite registers his gut-rumblings about the much-circulated 'wise Latina woman' quote and others. Blackiswhite has some other takes on the situation and his post is well worth reading in its entirety.

He points out that her statements are not only overtly and breathtakingly racist, as we have been arguing, but also that they violate the American Bar Association's Model Code of Judicial Conduct.

From BiW's caption of the commentary to Canon 1 of the Code:

Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges. The integrity and independence of judges depends in turn upon their acting without fear or favor. A judiciary of integrity is one in which judges are known for their probity, fairness, honesty, uprightness, and soundness of character. An independent judiciary is one free of inappropriate outside influences.

It is entirely arguable now, whether or not La Raza is an 'inappropriate outside influence' anymore, since they've been invited to help shape US immigration policy. Yeah, that was snark. Well, half-snark.

However, there's no doubt about the 'favor' of this judge; that she believes white men to be inferior to her. That her ethnicity and background somehow convey upon her a greater natural ability to adjudicate. Why not also say that her ethnicity and gender also convey upon her a heightened natural ability to pick lettuce? Because that would be just as racist. This person has told us in no uncertain terms that she is not inspiring. Not intelligent.

Not judicial material.

He also quotes this part of the code regarding the appearance of impropriety.

The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired.

Well, besides her aforementioned OVERT, OBVIOUS, AND PRECISELY ENUNCIATED RACISM, there's this.

That she believes appellate courts are "where policy is made." This link goes to a short clip of Sotomayor flaunting her huge brain and careful reason on youtube.

Which hardly inspires the confidence of people bringing cases before her, as they will (quite reasonably) believe that she will use any opportunity to use cases to shape policy in a leftward direction, rather than judge their cases fairly and according to established law. Thus eroding the public trust and confidence in the judiciary. Which according to the Code, is a major no-no.

From Blackiswhite:

I fear that she will be confirmed and appointed to the Supreme Court, and I reluctantly wonder how long I will be able to continue in my role as an officer of the court when I have no confidence in the judicial nominees of the government. It is kind of hard to convince your clients that they should be patient and work within the system when you yourself have doubts about its integrity. We all are damaged when Themis (or her younger Roman cousin Justicia) peeks, and the Pretender dishonors our entire profession with a nominee suffering from such obvious and open impairments to her ability to impartially perform her duties.

My emphasis.
Thanks to Blackiswhite, Imperial Consigliere.


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posted by LauraW. at 06:00 PM

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