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Smarmie Doofus Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 10:14 AM
Original message
What about Sotomayor?
The early buzz among GLBT advocacy groups was that she was the best thing since little green apples.

http://www.baywindows.com/index.php?ch=news&sc=glbt&sc2=news&sc3=&id=91669

Indeed ... she seems too good to be true. Yet, President Transformational seems full of surprises where GLBT issues are concerned and this , in combination with Sotomayor's earlier appt. (Federal Appeals Court?) by George Bush the first on the recommendation of super-phobe Senator Damato doesn't sit well, somehow. ( Somethin akin to Edward G Robinson's stomach in Double Indemnity?)

Plus she doesn't really have a track record of *ruling* on GLBT cases.... as far as I know, anyway.

Understand: I LIKE her. The judicial record seems more or less consistently progressive. Plus, she's a homie.... even lived in the same complex in the BX that I later lived in. She's exactly my age and except for a clerical error I would have been in her high school class. So Sonia... we meet at long last.

I love the IDEA of Sotomayor. But what about that early buzz? Has any of that worn off?
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Creideiki Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 10:36 AM
Response to Original message
1. I don't know why people would think
that a moderate President would actually nominate anything except a moderate to the Supreme Court.

Better than a McCain nominee, but not moving things progressively.

http://www.youtube.com/watch?v=ZVHTZliZbao
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Smarmie Doofus Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 02:29 PM
Response to Reply #1
2. Then why all the gushing from GLBT advocates?

>>>"From everything I know, Judge Sotomayor is an outstanding choice - fair and aware, open and judicious," said Evan Wolfson, head of the national Freedom to Marry organization. "I believe she has the demonstrated commitment to principles of equal protection and inclusion that defines a good nominee to the Supreme Court. In choosing Judge Sotomayor, the first Latino candidate for the Supreme Court, President Obama has made a strong and appealing nomination that should and will receive the support of those committed to equality for lesbians and gay men.">>>>

I concur with your skepticism. But why are such as Wolfson and Ettelbrick so wildly enthusiastic?

She's never so much as ruled on a GLBT-related case, as far as I can tell.

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keepCAblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 02:45 PM
Response to Reply #2
3. and she has a consistent record of siding with the pro-lifers...
her favorable rulings for the pro-lifers suggests to me her Catholic religion is an influence in her rulings, which does not necessarily bode well for LGBTs. I soooo wish Obama had picked CA Supreme Court justice, Carlos Moreno. Of the seven CA justices, he is the only one to have a 100% positive record of voting to uphold and protect the civil rights of LGBTs.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 04:33 PM
Response to Reply #3
5. I don't think that's right. She seems not to have a record
on actually ruling on abortion itself but only on admin type stuff.
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keepCAblue Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 04:46 PM
Response to Reply #5
6. A bit more on her abortion-related rulings...
From NPR:

She has made only tangential rulings on abortion — decisions that, if anything, sided with the anti-abortion position, but cast in terms of following precedent. In one case, she upheld the Bush administration's ban on aid to international organizations that either promote or provide abortions.

"The Supreme Court has made clear that the government is free to favor an anti-abortion position over the pro-choice position," she wrote.


And in a case involving China's forced abortion policy, she severely criticized her colleagues on the court who said that only women, and not their husbands, were eligible for asylum.

"The termination of a wanted pregnancy under a coercive population control program can only be devastating to any couple, akin, no doubt, to the killing of a child," she wrote.

Catholic Faith

Sotomayor, raised a Roman Catholic, would be the sixth Catholic on the court if confirmed. Four of the Catholics currently on the court have voted consistently against abortion rights. One, Justice Anthony Kennedy, has been a swing vote on the issue, voting to uphold the core right, but approving of most regulations to curb the practice.

More--->http://www.npr.org/templates/story/story.php?storyId=104679046
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 04:54 PM
Response to Reply #6
7. Thank you!
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 08:29 PM
Response to Reply #6
10. She is supposed to follow precedent
and did so in the first case. The second was blatent sex discrimination.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 04:32 PM
Response to Reply #2
4. Friday or Sat, the GayUSA broadcast was also really positive
but I couldn't figure out why / no details.
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Creideiki Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 09:30 PM
Response to Reply #4
11. GayUSA is still in a protracted honeymoon
They're more pro-Democrat than pro-Gay.

I, on the other hand, am progressive and pro-person. When the Democrats screw up, even if their names rhyme with Carrack Cobama, I'm going to stand up and let people know. (Yes, I've written pointless letters to "the White House" and my congressthings. No, right now, I'm not voting for any of them in 2010. I'll be too busy having a dinner party on election night. I figure the Democrats are too busy to help me, then I'll be too busy to help them.)
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 11:58 AM
Response to Reply #11
12. I think you need to readjust your perspective.
You seem more interested in looking for things to criticize than in basing your opinions on realism.
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mitchtv Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 03:49 PM
Response to Reply #11
19.  It looks as if I will get lucky
I have a local rep to support , there is is a heavy Gay population here in one or two towns. Our candidate will probably be the Gay mayor of Palm Springs. So We will have a supportable candidat for both congress and assembly
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Creideiki Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-02-09 06:26 PM
Response to Reply #19
25. I have neither a congressthing nor a senator to support next time
I don't know what to do with Ritter. The Designated Beneficiary thing is pathetic. Some Democratic (big "D") apologists may want a death partner, but I prefer having a life partner.
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 03:28 PM
Response to Reply #2
15. A lot of these "gushing" GLBT advocates are anything but
HRC, NLRC etc all need new leadership in my opinion. They are stuck in the past and refuse to take input from GLBT persons that are not already part of the old system and old thought.
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donco6 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 05:55 PM
Response to Original message
8. But think about the gushing you see on here.
I don't think gay groups are immune to Obama cheerleading syndrome.
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 11:59 AM
Response to Reply #8
13. Or perhaps, as in everything else, many DUers are absurdly and excessively pessimistic.
Ya think?
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mitchtv Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 03:51 PM
Response to Reply #13
20. Go away
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 03:33 PM
Response to Reply #8
17. Many of the GLBT groups are not speaking for the GLBT community and have not learned from Prop 8
they refuse new voices and input. They praise anything that they think will earn them points with the system. They are anything but our friends or advocates sadly. There is a reason HRC has been losing active members and $ besides the economy (as is evident in the past 10 years of bad decisions and declining membership). Id much rather support Courage Campaign or any other progressive grassroots organization.
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donco6 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 03:58 PM
Response to Reply #17
21. I haven't given a dime to HRC in many years.
Aren't they just an arm of the Log Cabin Republicans?

I swear I see the same faces on the latest Atlantis cruise ads.
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 04:23 PM
Response to Reply #21
22. LOL Im their with you... n/t
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Reterr Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-31-09 07:20 PM
Response to Original message
9. If her positions on abortion are anything to go by I suspect she is conservative on "social" issues
(Sadly a CIVIL rights issue like gay rights is a "social" issue...)

I am not particularly hopeful on that front regarding Sotomayor.
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closeupready Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 02:40 PM
Response to Original message
14. She's pro-gay.
I can't prove it with rulings and such and cites and links, but she is.
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FreeState Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 03:30 PM
Response to Reply #14
16. Is she Obama "Pro-Gay" or equal rights across the board pro-gay? n/t
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keepCAblue Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 04:29 PM
Response to Reply #14
23. Then how do you know this. Did she tell you, personally?
Honestly, I'd like to know so we can have some confidence in how she will rule in the upcoming federal lawsuit to repeal prop 8. I very much want to believe she's pro-civil rights for ALL minorities, including LGBTs, but just because some dude or dudette on an Internet discussion board says she is, it 'tain't necessarily so. Her past abortion-related rulings favoring the pro-lifers, Roman Catholic upbringing and that she is described as a "moderate" -- all these red flags give me legitimate cause for concern. So until I see something other than lip-service on her LGBT rights position, I remain cautious and skeptical.
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closeupready Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 06:34 PM
Response to Reply #23
24. No I've never met her personally. And please don't get me wrong.
I understand people here want concrete examples, not just anonymous comments on a discussion board. I don't blame anyone at all for that. Sorry, I apologize if my comments seemed as if they were trying to squelch constructive discussion. Carry on - Peace. :hi:
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bigwillq Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-01-09 03:48 PM
Response to Original message
18. Is she as fierce an advocate as Obama is?
:eyes:
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La Lioness Priyanka Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-03-09 11:52 AM
Response to Reply #18
26. lol
that was a good one. didnt expect it from you. :rofl:
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bigwillq Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-03-09 03:14 PM
Response to Reply #26
27. I had to go put my pom poms down
before I wrote it. That's why it took me so long. :) :rofl:
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bluedawg12 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-04-09 12:43 AM
Response to Original message
28. Thin gruel. Legal experts weigh in.


http://www.sovo.com/thelatest/thelatest.cfm?blog_id=25557

How would Sotomayor rule on gay issues?
Legal experts weigh in on nominee’s thin LGBT record
By LOU CHIBBARO JR, Washington Blade | May 28 2009, 9:39 AM

The White House on Wednesday hosted a teleconference in which legal experts provided their views on how President Obama’s Supreme Court nominee, federal appeals court judge Sonia Sotomayor, would rule on various issues that are likely to come before the high court.


Sotomayor has no record on LGBT-related issues, but two prominent lawyers offered brief remarks on how she might view such issues.


The Blade’s Lou Chibbaro Jr. was on the White House call Wednesday; below is a partial transcript of the relevant remarks.


Paul Smith, partner at D.C. law firm Jenner & Block; attorney representing plaintiffs in landmark 2003 Supreme Court decision Lawrence v. Texas, which overturned state sodomy laws in cases involving gay sexual acts between consenting adults in private:


free speech and free press cases. So I thought I’d take a look at what the 2nd Circuit opinions of , the ones she’s joined, look like. And I came very much to a similar conclusion as in terms of how she doesn’t come into cases with a broad doctrinal bias but instead takes each case as it comes and looks very much at the details of the facts to decide which way the constitutional analysis ought to go.


But I just highlight one sort of point, counter point of cases that she’s done in the free speech area. The first is a case called Pappas v. Giuliani involving a police officer who was fired from his job in New York for engaging in private speech off hours to private parties anonymously — offensive speech, sort of bigoted speech. And there were two judges voted to affirm the dismissal of his First Amendment claim and said it’s perfectly constitutional to fire him for that private speech. Judge Sotomayor dissented and said not so fast, it’s a pretty radical idea to fire a public employee for private, off-hours expression. I think we should have let this case go to trial and make sure we get all the facts brought out before we come to such a rather extreme conclusion.


On the other hand, she joined a case, the majority in the case called Donninger v. Neehoff in 2008. This is a student speech case in which the student was disciplined for a blog post off hours at home by attacking school administrators and urging people to contact the administrators to complain. And in that case, she joined an opinion, a unanimous opinion, saying that that was consistent with the First Amendment that emphasized all the factual details of why the situation justified what the government had done. So she’s a careful person who could go either way but is focused on not just broad doctrine but how the doctrine applies to particular factual situations. Certainly, that’s true in the First Amendment, free-speech area. So I guess I will turn it over now to Bill Marshall. Is that correct?


Moderator: Yes.


William P. Marshall, University of North Carolina Law School professor: Well, I did not go to school with her but I do share — we didn’t talk about these words earlier — but I do share both Martha and Paul’s notion that she’s a cautious lawyer and she’s one who cares a lot about judicial craft. I looked a little at her business decisions. The business decisions suggest to me that — something that you’d expect from somebody who’s a corporate lawyer herself. And I think it’s important to recognize that that’s a major part of her background. She’s interested in promoting predictability. She holds people to the terms of their contracts and doesn’t allow creative layering to get around people’s terms of their contracts…


Deb Price/Detroit News: I have a question for Paul Smith, and if anyone else wants to jump in, that’s fine. The range of descriptions of this candidate are judicial modesty, not an activist, not wishing to fix all social ills, not a creative lawyer. I’m curious what Paul Smith would think of her if she were facing issues around gay rights, including the issue of the military as well as marriage.


Paul Smith: I guess I’d have to say, as Martha did, with respect of the Second Amendment, it’s a little hard to answer a question like that because we don’t have any specific indications that I’ve seen of whether she would be, if she believes the law should go further and more aggressively regulate what the government can do in this area or not.


What you do see, of course, in her decisions is a willingness to enforce the Constitution strenuously, when she thinks it applies. She’s not a shrinking violet judge by any means. But if she does depend on her having made a prior decision in her own mind that this is a place where the court has a proper role, and how that would apply if she were faced in the future with a case about “Don’t Ask, Don’t Tell” or some other LGBT issue, she would certainly take it on a case-by-case basis. But I don’t know if I would be able to say anything more helpful than that on that subject.


Deb Price: Is there anyone else who has an opinion on that issue?


Martha Minow, professor of law, Harvard Law School: This is Martha. You know, I really don’t — except I would add this. That people who are going to try to read from her background anything — it’s just a guessing game. So yes, she’s Catholic. I think that she’s had clerks who are gay. I think that she has not made any decision on any issue that is related to same-sex marriage or any of the hot-button issues. There really is no indication about that, and nor is there any indication that she has a broad reading of the liberty clause of the due process clause.


At the same time, she is a master of the interpretation of law, and in particular, the relating of law to fact. And I guess on that basis it seems to me that she would be participating in the careful application of the Constitution to facts. And that’s the best that I can predict.



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