The nomination of Court of Appeals Justice Sonia Sotomayor by President Barak Obama should be a troubling occurrence to all those individuals who value a judicial interpretation of the Constitution based on Constitutional principles and not based on emotion or other non-legal factors. The trouble with Judge Sotomayor resides in several areas: Her previous (let us say) controversial comments regarding her superior jurisprudence due to her gender and Hispanic heritage; Her approximate 60% reversal rate on her rulings; And her ruling on the New Haven firefighter’s exam in the Ricci v. DeStefano case.
Sotomayor is being sold by Obama and the Democrats as a perfect candidate, albeit her obvious flaws. According to Harry Reid, she’s “the whole package.” However, at the same time White House spokesman Robert Gibbs warned the critics of Sotomayor to “be careful” in their criticisms of her.
You’ve got to be kidding? Handle her with kid gloves? The Democrats have raised the practice of double standard to a high art form. Add in their hypocrisy, and their actions and reactions in this matter become almost laughable. And they would be laughable if the stakes weren’t so high, and if here were no historical precedents to contradict their present day actions regarding the nomination of Supreme Court justices.
What about their concern for the dignity of past candidates, and the “richness of their life experiences?” What about Robert Bork, the brilliant legal mind whose reputation was utterly destroyed by the despicable Sen. Edward M. Kennedy (D-MA)? Judge Bork, who was nominated by President Reagan, was literally excoriated by Kennedy during a televised speech entitled “Robert Bork’s America” from the senate floor:
“Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is — and is often the only — protector of the individual rights that are the heart of our democracy… President Reagan is still our president. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate and impose his reactionary vision of the Constitution on the Supreme Court and the next generation of Americans. No justice would be better than this injustice.”
I’m sure that beyond his words that Kennedy held this fine man, Robert Bork, in the highest esteem. Yeah, right! And to add insult to injury, Kennedy’s senate colleague at the time, Joseph Biden (D-DE), released a scurrilous, patently false and slanderous report on Judge Bork called The Biden Report. This “report” made all manner of false claims and made dire speculations about the jurisprudence of Justice Bork once he had been elevated to the Supreme Court. Where was the “careful” treatment of Judge Bork by the hyper-partisan Democrats?
Now let’s look at the unsuccessful nomination of Miguel Estrada to the United States Court of Appeals for the District of Columbia Circuit by President George W. Bush. A highly qualified jurist of impeccable education pedigree and judicial experience, Judge Estrada also possessed a “richness of life experiences” that exceeded those touted for Sotomayor. Indeed, this Hispanic candidate was seen as a potential future candidate for the Supreme Court. But, in their simultaneously respectful and careful manner, the Democrats successfully filibustered the nomination of Judge Estrada…and he withdrew his nomination…even though he was eminently qualified and had the requisite compelling personal background.
It is interesting to note that the Democrats were concerned and vigorously agitated over President Bush gaining “points” with Hispanic voters because of a successful Estrada nomination process. So this concern did not stop them from a full frontal assault on Judge Estrada and, in the spirit of Judge Bork, once again sacrificing this good man’s reputation for their less-than-honorable motives.
Now, let’s look at another situation dripping with contradiction and hypocrisy. Consider the situation of former Senator George Allen, a man whose reputation and political fortunes were ruined by his utterance of a single word. Unlike Judge Sotomayor, whose words were unequivocal and unambiguous, then senate candidate for re-election Allen was at a rally when he used the word “macaca” when calling out to his rival’s campaign worked shadowing him. Allen’s candidacy was targeted by the DNC as “vulnerable” and he was being challenged by former Secretary of the Navy James Webb.
The word “macaca” is an obscure slur indeed — in fact unknown in the US and meaningless to citizens here. However, the Democrats used this gaffe by Allen to their fullest benefit. Labeling Allen a racist in a vigorous media campaign, they turned a then 10 point Allen lead into a political horse race. James Webb eventually won the seat from Allen by a less than one percentage point margin, and this win turned control of the Senate to the Democrats.
My point with the Allen example is that his utterance of one word as a Republican political figure had great and grave consequences for him because of the persistence and obfuscation of Democrats. However, statements by Sotomayor that are offensive to many Americans and that can only be interpreted as racist, should be looked at as “mis-statements” and to be forgiven as unintended slights.
In the final analysis, Republicans get held to a higher level of public scrutiny. And they suffer greater consequences for perceived or fabricated transgressions. Democrats vigorously pursue Republicans and their surrogates and engage in shameless muckraking to further their political ambitions and plans. However, Democrats are held to a more neutral standard. Those Democrats who have made actual versus speculative transgressions are entitled to more benign, forgiving treatment. Those Republicans who would otherwise pursue these transgression are told to “be careful” or to back off their criticisms. And sometimes they will have the tables turned on them by the crafty Democrats and be accused of the very transgression(s) that they seek to reveal or investigate.
Hypocrisy, thy name is Democrat!
Republicans need to get as crafty as the Dems. They need to vigorously pursue transgressions that are in direct contravention to their beliefs and long-held values. Republicans cannot be held hostage to the specious cries of “racism” or any other “ism” that the Democrats use as a potent political weapon. Even though they find no succor or comfort in the media, they need to take their arguments directly to the people via the Internet or face-to-face. It makes their task much harder, but they cannot count on the untrustworthy media to give their concerns a fair airing.
Republicans need to try something new…something other than timidly slinking away when faced with ungodly Democratic opposition. They need to vigorously voice their opinions and to demand to be heard. They need to hold to their standards and convictions, and not compromise for convenience’s sake or as a political accommodation to the Democrats. They don’t don’t, God forbid, need to become more Democrat-like. No, they need to speak with a righteous and unwavering voice for those things that are righteous and lawful.
And they need to start with Judge Sotomayor.