Category Archives: Law

Robert Bork: Sotomayor Pick 'A Bad Mistake'

Constitution, Law, Political Philosophy, The Courts

Robert Bork: Sotomayor Pick ‘A Bad Mistake’
By Barbara Grant

What does it mean, “to bork”? Readers too young to recall the 1987 Senate confirmation hearings on Robert Bork’s nomination as Supreme Court Justice might refer to this piece in which Judge Robert Bork discusses Sonia Sotomayor and calls her nomination a “bad mistake.”

To “bork” a nominee means to block him (or her) from appointment to public office. Bork avers that President Barack Obama’s standard of “empathy” in judge selection bodes ill for the selection of a justice who supports constitutional principles. He notes that “wise Latina” Sotomayor has less than a stellar record in her judicial opinions, and is in fact noted for bullying from the bench. However, he also offers that she will likely not be “any worse than some recent white male appointees.”

Bork calls himself an originalist, which means that he tries to interpret the Constitution in the manner it was drafted, at all times seeking first principles. This is different from the “judicial activism” principle currently held by many, in which justices twist the document to conform to preconceived political stances.

Robert Bork is adamantly opposed to twisting the Constitution; he also believes his opposition to Roe v. Wade on constitutional grounds was pivotal to his nomination’s rejection.

Where does the current trend toward “empathy” leave a highly principled man like Robert Bork? Still interested in the Constitution, but also wary of our justices’ decisions. “If you want to know what the constitution means, you will not learn it from the court,” he said.

BAB Contributor Barbara Grant is a consultant in electro-optical engineering and co-author of “The Art of Radiometry,” a forthcoming book on the measurement of light, to be published by SPIE PressB.

Updated: SotoSetAsides: ‘I Am A Product Of Affirmative Action’

Affirmative Action, Intellectualism, Law, Multiculturalism, Race, Racism, The Courts

I’m shocked. Sonia SotoSetAsides once admitted that her test scores “were not comparable to her colleagues at Princeton and Yale” (with the exception of the scores of Mighty Michelle O). Nor were her scores on par with the scores of the forgotten students the system had helped her usurp.
I’m so disillusioned (irony alert to the prosaic among you). Weren’t we promised by the POTUS, another recipient of racial preferential treatment, that Sotomayor had a first-rate legal mind? Don’t tell me that this society has been hollowed out like a husk at every level—private and public; local, state and federal—by statist social engineering? And so, once again, we were right to call Soto so-and-so a mediocrity, a product of racial set-asides. It’s all so very shocking. You want to add Larry Auster’s analysis to the specter of Soto admitting that her test scores left much to be desired. (On the bright side, perhaps a dim liberal bulb will do less damage as one of America’s new black-robed deities):

Update: “Her academic career appears to have been a fraud from beginning to end, a testament to Ivy League corruption.”

“Two weeks ago, the New York Times reported that, to get up to speed on her English skills at Princeton, Sotomayor was advised to read children’s classics and study basic grammar
books during her summers. How do you graduate first in your class at Princeton if your summer reading consists of ‘Chicken Little’ and ‘The Troll Under the Bridge’?” …

“Thus, Sotomayor got into Princeton, got her No. 1 ranking, was whisked into Yale Law School and made editor of the Yale Law Review – all because she was a Hispanic woman. And those two Ivy League institutions cheated more deserving students of what they had worked a lifetime to achieve, for reasons of race, gender or ethnicity.”

“… were it not for Ivy League dishonesty, Sotomayor would not have gotten into Princeton, would never have been ranked first in her class, would not have gotten into Yale Law, nor been named editor of Yale Law Review, and thus would not be a U.S. appellate court judge today or a nominee to the Supreme Court.”

Who else but Pat Buchanan could deliver such masterstrokes? (Okay… I do quite well). The only facet Pat forgets to speak to: the loss of the importance of object, intellectual standards.

Updated: SotoSetAsides: 'I Am A Product Of Affirmative Action'

Affirmative Action, Intellectualism, Law, Multiculturalism, Race, Racism, The Courts

I’m shocked. Sonia SotoSetAsides once admitted that her test scores “were not comparable to her colleagues at Princeton and Yale” (with the exception of the scores of Mighty Michelle O). Nor were her scores on par with the scores of the forgotten students the system had helped her usurp.
I’m so disillusioned (irony alert to the prosaic among you). Weren’t we promised by the POTUS, another recipient of racial preferential treatment, that Sotomayor had a first-rate legal mind? Don’t tell me that this society has been hollowed out like a husk at every level—private and public; local, state and federal—by statist social engineering? And so, once again, we were right to call Soto so-and-so a mediocrity, a product of racial set-asides. It’s all so very shocking. You want to add Larry Auster’s analysis to the specter of Soto admitting that her test scores left much to be desired. (On the bright side, perhaps a dim liberal bulb will do less damage as one of America’s new black-robed deities):

Update: “Her academic career appears to have been a fraud from beginning to end, a testament to Ivy League corruption.”

“Two weeks ago, the New York Times reported that, to get up to speed on her English skills at Princeton, Sotomayor was advised to read children’s classics and study basic grammar
books during her summers. How do you graduate first in your class at Princeton if your summer reading consists of ‘Chicken Little’ and ‘The Troll Under the Bridge’?” …

“Thus, Sotomayor got into Princeton, got her No. 1 ranking, was whisked into Yale Law School and made editor of the Yale Law Review – all because she was a Hispanic woman. And those two Ivy League institutions cheated more deserving students of what they had worked a lifetime to achieve, for reasons of race, gender or ethnicity.”

“… were it not for Ivy League dishonesty, Sotomayor would not have gotten into Princeton, would never have been ranked first in her class, would not have gotten into Yale Law, nor been named editor of Yale Law Review, and thus would not be a U.S. appellate court judge today or a nominee to the Supreme Court.”

Who else but Pat Buchanan could deliver such masterstrokes? (Okay… I do quite well). The only facet Pat forgets to speak to: the loss of the importance of object, intellectual standards.

Updated: Media’s Judicial Jiu-Jitsu For ‘Da Big Man’

America, Barack Obama, Democracy, IMMIGRATION, Justice, Law, Media, Multiculturalism, Race, The Zeitgeist

The excerpt is from my new column, now on Taki’s Magazine, “Big Man Obama and His Diversity Princess”:

“We’ve been ‘spared’ warning of Strongman Obama’s Orwellian overreach because a Big Man has big guns: the menagerie of morons that is the American media.

The Chief is working in the same tradition as The Decider, only with even less scrutiny and far more impunity.

…the media’s judicial jiu-jitsu has been unconscionable. Are the legal writings and judicial rulings of Judge Sotomayor being scrutinized? Not on your life. Right away, the usual menagerie of morons took on the construction of a meta-argument invalidating the GOP’s yet-to-be-made case against Sotomayor, if you get my drift.

An argument against an argument!

From NBC News’ Andrea Mitchell to the lowliest Democratic strategist: all are advising viewers, first, that to oppose Sotomayor is to risk Hispanic ire. And second, that in order to dodge death by demographics, Republicans must continue to court Latinos slavishly.

For example, making too much of Sotomayor’s Wise Latina Woman cretinous comment is unwise for Republicans, the talking twits tell us. Judge Sotomayor suggested in 2001 that ‘a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.’

The consensus among the commentariat is that this is no time for the GOP to come to the defense of paleface: white judges or white firefighters. (Sotomayor washed her hands off the white, New Haven firefighters, and upheld racial discrimination against them.) The so-called incontrovertible truth at which the Obama media minions are getting is this:

The GOP’s powerbase hangs on Hispanics.

Dogged demographer Steve Sailer has been dispelling this manufactured dogma convincingly for close to a decade …”

The complete column is “Media’s Judicial Jiu-Jitsu For ‘Da Big Man.'”

Miss the weekly column on WND? Catch it on Taki’s Magazine, every Saturday.