The Bow-Tied Blogger

The life and adventures of one soldier and his various journeys.

  Saturday, May 30, 2009

I figured I would add some other commentaries about the Sotomayor decision.

First is a run down of the Senate Judiciary Committe, featuring a right-wing troll from Alabama, and a partisan, sanctimonious jackass from Vermont.

While I normally am very fond of David Brooks, I find this article offensive. It is a nasty slam against people who are not cursed with the corrupting force of empathy. Sure,some folks who lack empathy may be sociopaths, but lack of empathy is not a lac of conscience. Many people with autism lack empathy and those who are highly functional would make extremely good judges. The demon of empathy is more dangerous than a bribe, because a tug on the heartstrings is worse to the rule of law than any bribe, as it allows bias to overshadow what the law should state. The law is not about morality of fairness. It is the law. If a law is unfair or evil, the legislator should change it, not a Court decision. The fact that we are human and our Supreme Court have corruptible hearts instead of Judge Dredd ideals is one of many problems with America.

David Brooks is normally a guy I like, but his comments here I completely disagree with.

Now, I find some other interesting stuff about Sotomayor in this article and this one makes for an interesting counter argument about impartiality vs empathy.Maybe Judge Sotomayor is more Judge Dredd than Emily Empathy, or at least I hope so.

Ed Rollins, a very intelligent Republican strategist offers some wise counsel to the Senate GOP, but they will ignore it no doubt.G. Gordon Liddy goes on to make a dumb, sexist comment and I expect better of a man who had the fortitude to endure prison for his principles, whether you are with them or not.

Now on to her history:

In 1992,she was appointed as a District Court Judge for Southern NY, a Bush appointee (albeit in a deal brokered by Moynihan and liberal Republican Al D'Amato), and in 1998, a Clinton appointee to the 2nd District Court of Appeals. When Sandra Day O'Connor retired, Senate Democrats suggested her to George W Bush, though one can debate how much meaning can be derived out of it.

I am not overly fond of Obama looking at Earl Warren as a role model for SC Justice (though I would back him on Brown vs Board of Education) or his empathy speech, but he's replacing Souter which gives him leeway. The same is true of Ginsberg and Stevens, though I hope he replaces Stevens with Alan Dershowtiz, a very brilliant but combative Harvard Law Professor, who would make the Supreme Court WASP free (currently there are five Catholics, two Jews, and two old WASPs with withered stingers) and soon one WASP will be replaced. Stevens is next as he will be ninety next year. Now, if anything happens to Scalia, President Obama would be wise to find the most hopeful Republican Presidential candidate and appoint him or her as a Machiavellian move, just as he appointed Utah's centrist Governor Ambassador to China.

On the other hand, President Obama could test his popularity by appointing Blagoyevich or Burris to something of significance. In the name of Science, Sec of State Hillary Clinton can be sent as a goodwill Ambassador on a deep space probe :)

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  Thursday, May 28, 2009

Well, for the uninformed, David Souter is retiring from the Supreme Court and President Obama gets to nominate a Justice. Something Clinton did not do in his second term, nor Bush in his first term. While I doubt his choice will face any real opposition, his pick concerns me, but so did his talk of judges with empathy. I don't want judges beholden to the demon of empathy, but judges who abide by the Constitution.

Now, a fellow at the CATO Institute, an organization I heavily agree with, speaks out.

I recall she made a comment about the Constitution as an evolving document, which is way too Brennanesque for my comfort. Ideologically, she replaces a liberal Justice so no shift in balance, but regardless of right or left, I want a Judge who is beholden to the Constitution as a static document, which can only be adjusted by a Constitutional amendment, not a Judge's empathy.

Of course she will be confirmed with no problem, but how will she rule?


  Wednesday, May 20, 2009

Moving out.

I have now moved out of my old apartment completely. Tomorrow, I can do a final clean up and turn the keys back in to my roommate along with a forwarding address. I am now in Kew Gardens Hills.

I am also now the Historian for my American Legion Chapter, which is funny as I am the youngest guy there, but I guess fitting.

Now, in the name of being mean-spirited and politically incorrect, I link this article and add this amusing clip from Full Metal Jacket.

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  Monday, May 18, 2009

An important and valuable lesson for states:

This article goes hand in hand with the story of the goose that laid the golden egg.

Raising taxes to close budget deficits usually fails, unless taxes are massively low to start with and that isn't the case for NY and NJ. I am not one of the top 5%, so the tax increases wouldn't directly affect me, but they would squeeze someone who would employ me, and if a wealthy entrepreneur leaves NY, how many jobs leave the state as well? Now if only we could find some way to send our bottom 5% to a more generous nation that can fill their gravy train.


Copyright 2007 Thomas forsyth. I welcome comments