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raybond
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Senate confirms Sotomayor.
By a 68-31 margin, the Senate has confirmed Judge Sonia Sotomayor as the first Latina Justice of the Supreme Court of the United States. Sotomayor’s swearing-in ceremony could take place as soon as tomorrow. Senate Judiciary Committee Chairman Patrick Leahy (D-VT) released a statement praising the confirmation:

The confirmation of this immensely qualified individual, with her long history of public service, is an historic moment for the Senate, the judiciary, the Hispanic community, and each and every American. Her life story is the essence of the American dream. Regardless of our differences, this is a moment in which we can all celebrate the belief that in America, all things are possible. History will recall this time when we crossed paths with the quintessentially American journey of Sonia Sotomayor, and when the country took yet another step forward in fulfilling the promise of our great Nation.

Update The Center For American Progress released the following statement:
Today the nation celebrates another historic moment with the Senate’s endorsement of the first Latina nominated to the Supreme Court. Just as President Barack Obama’s own historic election inspired millions of young Americans to strive to follow in his footsteps, Justice Sonia Sotomayor’s life story teaches that no American should limit their aspirations.

Sotomayor’s confirmation also affirms what was obvious the moment President Obama introduced her to the American people: Sotomayor’s brilliant intellect, compelling life story, solid credentials, extensive judicial experience, and 17-year record of fidelity to the law prepare her well for the Supreme Court.

Unfortunately, Sotomayor joins a Supreme Court dominated by deeply conservative justices hostile to the laws Congress enacted to protect Americans. These justices have consistently placed employers’ interests ahead of laws forbidding employment discrimination, ignored the plain meaning of laws protecting the environment, and repeatedly seized opportunities to immunize corporate interests from the law. Sotomayor’s record of faithfully applying the law to all the parties who appear before her is exactly the change Americans voted for last November.

The confirmation of President Obama’s first Supreme Court nominee is a victory for all Americans who believe in equal justice under the law. She will make an outstanding justice.

[Were Up] [Were Up] [Were Up] [Were Up] [Were Up] [Were Up]

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Wise men learn more from fools than fools from the wise.

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raybond
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Kyl Falsely Accuses Sotomayor Of Perjury
During Judge Sotomayor’s confirmation hearing, conservatives repeatly made the false claim that she believes that U.S. law is governed by foreign courts. In a Senate floor speech yesterday, however, Senator Jon Kyl (R-AZ) doubled down on this lie, audaciously accusing Sotomayor of perjuring herself before the Judiciary Committee:

“Later in her hearing, Judge Sotomayor gave the following testimony: ‘I will not use foreign law to interpret the Constitution or American statues. I will use American law, constitutional law to interpret those laws except in the situations where American law directs the court.’ While this kind of declarative statement would normally provide some measure of comfort, it is belied by words Judge Sotomayor uttered less than three months ago, that judges were ‘commanded’ to look to ‘persuasive’ sources, including foreign law, in interpreting our own law. And it is even inconsistent with an exchange Judge Sotomayor had with Senator Schumer earlier in the hearing, in which she agreed that foreign law could be used for the same purposes as traditional interpretive tools, such as dictionaries.

“It gives me great pause that Judge Sotomayor could say one thing at a public speech earlier this year and say the opposite while under oath before the Judiciary Committee, especially since she never repudiated her speech.

No one, including Judge Sotomayor, actually believes that an American judge is bound by foreign decisions, and Kyl is simply lying when he claims that she does believe this. One of the first things that any lawyer learns in law school is that not all citations are created equal, and so when a judge cites to one source or another they are not necessarily saying that this source is controlling law. Conservative Justice Antonin Scalia recently cited to the Talmud in a judicial opinion, and a Seventh Circuit judge once cited hip hop artist Ludacris, but no one thinks that Scalia believes we should be ruled by unelected Rabbis, or that Seventh Circuit Judge Terence Evans believes that U.S. law is governed by unelected rappers.

As a general rule, citations to binding case law, statutes, regulations and the like are generally referred to as cites to “mandatory” authority, because they rely on legally binding materials that judges have no choice but to follow. Other citations, to law review articles or holy texts or non-binding caselaw, are known as “persuasive” authority. So when Sotomayor referred to foreign law as “persuasive” she was saying the exact opposite of what Kyl accuses her of. “Persuasive” is the legal word for a citation to something that is not controlling law, and when Judge Sotomayor states that she relies on persuasive authority, she is endorsing a practice used by literally every member of the United States Supreme Court and taught to every single lawyer in the country.

Indeed, the difference between mandatory and persuasive authority is so basic, most law students are taught this distinction in their first few weeks of law school. In light of the fact that Senator Kyl spent many years as a litigator before entering politics, it simply defies belief that he would not be aware of this distinction. If Kyl actually believed that a judge’s citation to a persuasive source like foreign law indicates that they believe foreign law is binding, mandatory authority, it is unlikely he would have made it this far in his career without being disbarred.

Sadly, however, there is a narrow band of Kyl’s conservative base that gets charged up by false claims that liberals can’t wait to transform America into France. In Kyl’s world, keeping these nuts fired up is apparently much more important than the truth.

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Wise men learn more from fools than fools from the wise.

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IMAKEMONEY
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SHE S--KS! BRING IN A KKK MAN NOW TO BE FAIR!

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LIFE IS 10% HOW YOU MAKE IT AND 90% HOW YOU TAKE IT!

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T e x
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Quit Yelling!

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Nashoba Holba Chepulechi
Adventures in microcapitalism...

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CashCowMoo
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woop dee doo, an affirmitive action selection.

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It isn't so much that liberals are ignorant. It's just that they know so many things that aren't so.

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raybond
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counnt dems 68 repubplicans 31

Republicans can sure stick together I hope the weak sucks do on everthing

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Wise men learn more from fools than fools from the wise.

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Lockman
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Was there really any doubt that she would be confirmed?

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Let's Go METS!!!

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Ticker
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This country is going to hell - not in a handbasket - in a NASCAR!

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Please buy responsibly. Do not take my word on any stock. Do your own research. Thanks & good luck!

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CashCowMoo
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quote:
Originally posted by Ticker:
This country is going to hell - not in a handbasket - in a NASCAR!

LOL
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jordanreed
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quote:
Originally posted by Ticker:
This country is going to hell - not in a handbasket - in a NASCAR!

ya..its hard to imagine the whites dont have complete control,huh? [Big Grin]

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jordan

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glassman
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 -

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Don't envy the happiness of those who live in a fool's paradise.

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CashCowMoo
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quote:
Originally posted by jordanreed:
quote:
Originally posted by Ticker:
This country is going to hell - not in a handbasket - in a NASCAR!

ya..its hard to imagine the whites dont have complete control,huh? [Big Grin]
Your mentality about this Jordan is really disturbing. You always poke references about "now the white man isnt president" "the white man fears the black man" "the white man this the white man that"

What is wrong with you? Your big white man conspiracy must really bother you on a daily basis.

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raybond
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cash you sound like a man that is looking for a fight and trying to justify it at the same time. Typical criminal atittude. Now before you post defending yourself let me remind you that most of my working life has been spent looking for these problems in people I am very seldom wrong.

So say you are sorry for your ciminal behavior and try to turn it around now before you get into serious trouble.

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Wise men learn more from fools than fools from the wise.

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jordanreed
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quote:
Originally posted by CashCowMoo:
quote:
Originally posted by jordanreed:
quote:
Originally posted by Ticker:
This country is going to hell - not in a handbasket - in a NASCAR!

ya..its hard to imagine the whites dont have complete control,huh? [Big Grin]
Your mentality about this Jordan is really disturbing. You always poke references about "now the white man isnt president" "the white man fears the black man" "the white man this the white man that"

What is wrong with you? Your big white man conspiracy must really bother you on a daily basis.

if i knew what you were talkin bout, i might respond....

but ,on second thought....nah....got to practice my sax,buddy...and you just aint got the brains to unnerstand.....understand?

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jordan

Posts: 5812 | From: st paul,mn | Registered: Feb 2004  |  IP: Logged | Report this post to a Moderator
   

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