Dereliction of Duty

I never said that. Only that Bork's judicial record was better than Sototmayor's. You, not I, have been using the SC cases to argue that her record is worse than Bork's. He was "Borked" because Democrats thought him to be too much of an ideologue. I personally think he was a Constitutional Originalist, evidenced by the fact that his decisions weren't reviewed or overturned by the SCOTUS. It is obvious a lot of people viewed him as an ideologue, because that was the ONLY reason for not confirming him to the court! Eight Repub senators voted against him. If they had voted for him, he probably would have been confirmed. Ask yourself what would have made the Republicans vote that way.

Now, that being said, why does that same exact standard not apply to Sototmayor? Can you explain that to me? For one thing, the three decisions overturned were cases involving business, not discrimination cases reflecting a Latina viewpoint. Surely you don't believe she is NOT an ideologue? I haven't read her cases so I can't say one way or the other. Did you read all of Bork's cases during the hearings? I know you can't actually think she would rule without regard to her personal ideology, because we know for a fact, that in at least three instances, her ideological decision had to be overturned by the SCOTUS because it wasn't constitutional.

I'd like to know how these three cases implied an "ideological decision".

* One was a 5-4 decision in 2001 in Correctional Services Corporation v. Malesko, which involved an inmate who sought to sue a private contractor operating a halfway house on behalf of the Bureau of Prisons over injuries he sustained. Sotomayor said he could, but a majority of the justices disagreed.

* In another case, Sotomayor wrote that under the Clean Water Act, the Environmental Protection Agency could not use a cost-benefit analysis to determine the best technology available for drawing cooling water into power plants with minimal impact on aquatic life. By a vote of 6-3 this year, the Supreme Court ruled otherwise in Entergy v. Riverkeeper.

* The third reversal, in 2005, was a unanimous 8-0 decision in the case Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit. Sotomayor had written that a class action securities suit brought in state court by a broker/stockholder was not preempted by the 1998 Securities Litigation Uniform Standards Act. But the high court's opinion said it "would be odd, to say the least" if the law contained the exception that Sotomayor said it did.

So, either you can answer my question, or you can continue to dodge the questions by drumming up other absurd arguments designed solely to distract and derail the questions. Since I don't really expect you pinheads to be honest and admit you hold a double standard, and that Sototmayor is as much (if not more) of an ideologue than Bork, I anticipate more of this same idiotic diversion and distraction, and total refusal to accept the facts or answer the questions.

It's not my argument that's absurd because Bork isn't the issue here. He was never confirmed and never served as a SC justice. Your argument would have more teeth if you used an actual judge to make your point. You're comparing apples with oranges, instead of using a past or present justice as an example, you use a guy who's nomination was rejected.

My original point was that a few SC reversals are not a litmus test given that some of the greats also had reversals. You have yet to respond with anything showing these reversals had any long-term effect on their records, or their greatness.
 
Originally Posted by Dixie
I never said that. Only that Bork's judicial record was better than Sototmayor's. You, not I, have been using the SC cases to argue that her record is worse than Bork's. He was "Borked" because Democrats thought him to be too much of an ideologue. I personally think he was a Constitutional Originalist, evidenced by the fact that his decisions weren't reviewed or overturned by the SCOTUS. It is obvious a lot of people viewed him as an ideologue, because that was the ONLY reason for not confirming him to the court! Eight Repub senators voted against him. If they had voted for him, he probably would have been confirmed. Ask yourself what would have made the Republicans vote that way.

Now, that being said, why does that same exact standard not apply to Sototmayor? Can you explain that to me? For one thing, the three decisions overturned were cases involving business, not discrimination cases reflecting a Latina viewpoint. Surely you don't believe she is NOT an ideologue? I haven't read her cases so I can't say one way or the other. Did you read all of Bork's cases during the hearings? I know you can't actually think she would rule without regard to her personal ideology, because we know for a fact, that in at least three instances, her ideological decision had to be overturned by the SCOTUS because it wasn't constitutional.

I'd like to know how these three cases implied an "ideological decision".

* One was a 5-4 decision in 2001 in Correctional Services Corporation v. Malesko, which involved an inmate who sought to sue a private contractor operating a halfway house on behalf of the Bureau of Prisons over injuries he sustained. Sotomayor said he could, but a majority of the justices disagreed.

* In another case, Sotomayor wrote that under the Clean Water Act, the Environmental Protection Agency could not use a cost-benefit analysis to determine the best technology available for drawing cooling water into power plants with minimal impact on aquatic life. By a vote of 6-3 this year, the Supreme Court ruled otherwise in Entergy v. Riverkeeper.

* The third reversal, in 2005, was a unanimous 8-0 decision in the case Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit. Sotomayor had written that a class action securities suit brought in state court by a broker/stockholder was not preempted by the 1998 Securities Litigation Uniform Standards Act. But the high court's opinion said it "would be odd, to say the least" if the law contained the exception that Sotomayor said it did.

So, either you can answer my question, or you can continue to dodge the questions by drumming up other absurd arguments designed solely to distract and derail the questions. Since I don't really expect you pinheads to be honest and admit you hold a double standard, and that Sototmayor is as much (if not more) of an ideologue than Bork, I anticipate more of this same idiotic diversion and distraction, and total refusal to accept the facts or answer the questions.

It's not my argument that's absurd because Bork isn't the issue here. He was never confirmed and never served as a SC justice. Your argument would have more teeth if you used an actual judge to make your point. You're comparing apples with oranges, instead of using a past or present justice as an example, you use a guy who's nomination was rejected.

My original point was that a few SC reversals are not a litmus test given that some of the greats also had reversals. You have yet to respond with anything showing these reversals had any long-term effect on their records, or their greatness.

:thup:
 
It's not my argument that's absurd because Bork isn't the issue here. He was never confirmed and never served as a SC justice. Your argument would have more teeth if you used an actual judge to make your point. You're comparing apples with oranges, instead of using a past or present justice as an example, you use a guy who's nomination was rejected.

My original point was that a few SC reversals are not a litmus test given that some of the greats also had reversals. You have yet to respond with anything showing these reversals had any long-term effect on their records, or their greatness.


Sototmayor has never served on the SC either, both her and Bork were nominated. THAT is the basis of comparison, the NOMINATIONS. So you have completely dodged my question again, and attempted to make the "argument" into something it has never been. I'm comparing apples to apples, and you are trying to change one of them into an orange while no one is looking.
 
Taichicklet, you need to learn how to post. I have no intention of parsing out your commentary from within my own post, just so I can respond to you. Learn to post like the rest of us, or don't bother.

On three occasions, the Supreme Court ruled that Sototmayor's decision (whether ideologically based or not) was NOT Constitutional, and overturned it. I have no way of knowing why a judge would make a ruling that is unconstitutional, you'll have to pose that question to Judge Sotomayor.

As for why eight "Republican" senators voted not to confirm Bork, I don't know... maybe they weren't REALLY Republicans? Maybe they were like Olympia Snowe and Susan Collins, nitwit liberals who cleverly made it into the Republican party in an area that wouldn't know a Republican if it sat in their lap and called them "Momma!" I can't answer that... but I do know Bork never had a decision reviewed by SCOTUS, and consequently, never had one of his decisions overturned on the grounds it was unconstitutional. Sototmayor can't say the same.
 
I am on record saying that "I hope the Democrats go as hard and fat left as possible' and have not been disappointed. The record unemployment, massive bankruptcies and the impending hyperinflation will destroy the US economy, ensuring a long term the demise of your party. :)

Yeowwwtch!

That's gotta smart! :eek:
 
Originally Posted by Southern Man
I am on record saying that "I hope the Democrats go as hard and fat left as possible' and have not been disappointed. The record unemployment, massive bankruptcies and the impending hyperinflation will destroy the US economy, ensuring a long term the demise of your party.

Yeowwwtch!

That's gotta smart! :eek:

But will either of you apply this to the documented results of the last 8 years?
 
and what the hell are you 'thumb upping' here? Her rebuttal was shit. it didn't answer any of the questions related to Sotomayor because she totally skipped the issue and threw out a red herring? are you approving of the liberal strategy of duck and dodge?

I answered all his questions but please, in your infinite wisdom, clue me in on which others you want an answer to.
 
and what the hell are you 'thumb upping' here? Her rebuttal was shit. it didn't answer any of the questions related to Sotomayor because she totally skipped the issue and threw out a red herring? are you approving of the liberal strategy of duck and dodge?

:rolleyes: You need to retain previous post during the discussion, toodles. Once you do that, you can comprehend why her response was quite accurate. If you disagree with what she wrote, then take it up with her point for point.

Now, since you and I've already concluded discussions on this subject, I trust I can freely compliment others posts that weren't responding to you without your pre-approval. Adios for now.
 
Taichicklet, you need to learn how to post. I have no intention of parsing out your commentary from within my own post, just so I can respond to you. Learn to post like the rest of us, or don't bother. ...
Amen to that brutha- this aint AOL. :clink:
 
and what the hell are you 'thumb upping' here? Her rebuttal was shit. it didn't answer any of the questions related to Sotomayor because she totally skipped the issue and threw out a red herring? are you approving of the liberal strategy of duck and dodge?

Taichichick has mastered that art and is now moving on to cheer leading.
 
Five minutes on Google and I found the information the rest of you couldn't. Guess according to conservative chuckleheads this simple, straightforward statement of fact means I "proved a negative". :p

Confirm Judge Bork? `Yes!" . . . `Never!'
Click here for complete article

Date: September 17, 1987
Publication: Chicago Sun-Times
Page: 54
Word Count: 1170
Excerpt:
Robert Bork's record on the U.S. District Court of Appeals places him as a leader in the mainstream of American jurisprudence. Judge Bork has participated in 426 cases and written the majority opinion in 106 instances. It is worth noting that not one of those 106 decisions has ever been reversed by the Supreme Court. Furthermore, of the 401 cases in which Judge Bork joined with the majority, not one has been reversed by the Supreme Court.

Judge Bork dissented from the majority...


http://nl.newsbank.com/nl-search/we...page=10&p_sort=YMD_date:D&s_trackval=GooglePM
At least you admit that Dixie was right though. That's more than most liberals do on this site.
 
There's a pretty good reason for that.

Your constant defense of the pathologically lying maniac known as "Dixie" is befuddling...
In this case he was right, my defense was correct. I tend to defend factual information regardless of who posts it.
 
Dixie still has not explained why he has said that Sotomayor is unacceptable to be on SCOTUS because 3 of the 5 opinions (60%) she wrote that were taken up by SCOTUS were overturned.... but, yet he NEVER demanded that Alito be rejected by the Senate as unacceptable because BOTH (100%) of the opinions that HE wrote that were taken up by SCOTUS were overturned. He rails loudly about a democratic president's nominee but says NOTHING about a republican president's nominee... and somehow, he wants us to believe that he is something other than a partisan hack.

And I dare you to find a post from ME that demanded that Alito be rejected as a SCOTUS associate... or Roberts... or even Scalia. Unlike Dixie, I think that winning elections give president's the right to chose their SCOTUS nominees and, unless they are WAY outside the mainstream, the Senate ought to confirm them.
 
Now YOU are comparing apples to oranges. Alito was appointed and is serving on the SC. He is obviously qualified, because his nomination was confirmed by the Senate. We are talking about Bork and Sotomayor, people who have been NOMINATED to serve.
 
... I think that winning elections give president's the right to chose their SCOTUS nominees and, unless they are WAY outside the mainstream, the Senate ought to confirm them.
Unless of course the election is won by a Republican then you would become an apologist of stonewalling by your Party on federal appointments. *shrug*
 
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