The racist right's rantings notwithstanding, we have this:
- Sotomayor did not say that one should legislate from the bench. Instead, in the full context, she essentially said (paraphrase) that district court attends to specifics of the case. The appellate court looks at how the case was tried relative to other similar cases (i.e. policy for the courts - NOT government policy or legislation). This particular quote out of context is particularly deceptive.
- When "when Sotomayor asserted, "I would hope 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," she was specifically discussing the importance of judicial diversity in determining race and sex discrimination cases" (Media Matters.org). Clarence Thomas said something similar, but conservatives had no problem with his statement.
- Her reversal rate is not high. Of her more than 400 cases only 5% have been overturned. The 60% figure refers to those which were appealed and heard at SCOTUS. It is the same percentage by which ALL cases, not just Sotomayor's, were reversed. In other words, her reversal rate is average.
- In fact, as Media Matters points out, contrary to myth, conservatives are more likely to be activist judges according to one study.
- Sotomayor was not soft on corruption. It is relevant (though left out by these commentators) that the defendant in the case had already paid complete restitution.
- She does not lack the intellect to serve on SCOTUS. And the claims otherwise are not just untrue, they are insulting.
- Using unnamed former law clerks (for other judges on the court) as witnesses to her "temperament to serve on SCOTUS, this claim relies on a hit job in the New Republic (May 4 issue) by legal affairs editor Jeffrey Rosen, Fox News host Bill Hemmer and Supreme Court reporter Shannon Bream." (That's not exactly an objective crew there.) And using said unnamed clerks leaves open the possibility that these clerks were partisans themselves (on the other side).
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