Archive for May, 2009
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Rush Limbaugh isn't the only one calling Sonia Sotomayor a racist. Newt Gingrich is, too — and he's demanding that Obama's pick to the Supreme Court to withdraw her nomination.
On Twitter, Gingrich pointed to a line in Sotomayor's 2001 speech to a Hispanic group in Berkeley that has drawn fire from some conservatives.
"I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn't lived that life," Sotomayor said in that speech, describing how life experience can inform judicial opinions.
On Wednesday, Gingrich tweeted: "Imagine a judicial nominee said 'my experience as a white man makes me better than a latina woman.' new racism is no better than old racism"
Moments later, he followed up with the message: "White man racist nominee would be forced to withdraw. Latina woman racist should also withdraw."
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When the majority of the Justices are interpreting the state constitution in order to evaluate statutory provisions, they can appeal not just to their own majority view but to the authority of the Constitution. But when the majority of the Justices disagrees with the views of voters who are trying to amend that very same Constitution, such an appeal no longer works. All the Justices can say is that they are protecting the rights of the minority, but the whole point of the dispute is that there's disagreement about what those rights should be.
That's why I think the majority's view was correct here
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Indeed, the drafters of the 1849 Constitution, in their message submitting the proposed Constitution to the people of California, expressly described the people's right to alter or reform the Constitution as an “inalienable right.†In like manner, when the people's authority to propose and adopt constitutional amendments by initiative was added to the California Constitution in 1911, the constitutional provision spoke of the initiative “not as a right granted the people, but as a power reserved by them.â€
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In any event, what makes those provisions wrong is not that they are legally "revisions" rather than "amendments" and thus illegal. What makes them wrong is that they are morally wrong and thus immoral. But ultimately that judgment about what is morally wrong, as I mentioned, is under the California Constitution left to the sovereign people, and not the sovereign's servants in the state supreme court.
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This decision is based solely on the California Constitution. Within the federal system, the California Supreme Court's view of the meaning of the California Constitution is final, and the U.S. Supreme Court has no jurisdiction to revisit it. So there can be no federal review of the question whether Prop. 8 violates the California Constitution.
2. Supporters of same-sex marriage rights can of course argue to the U.S. Supreme Court that the U.S. Constitution mandates recognition of same-sex marriage, in all states and under federal law. But it seems unlikely that the Court would accept such an argument at this point, and in any case this case is not a good vehicle for that, since the decision below was all about the California Constitution. (I'm not sure that federal constitutional arguments were even made by the challengers, but in any case they weren't considered by the Court.)
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A federal court entered an order granting Alliance Defense Fund attorneys a motion to intervene Thursday on behalf of ProtectMarriage.com in a lawsuit waged by two men against the United States and the state of California to eliminate California’s state constitutional amendment protecting marriage and the federal Defense of Marriage Act. ADF attorneys filed a motion to intervene last month to defend the intended definition of marriage in a suit alleging that the passage of both Proposition 8 and DOMA violates the U.S. Constitution.
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With budget deficits soaring and President Obama pushing a trillion-dollar-plus expansion of health coverage, some Washington policymakers are taking a fresh look at a money-making idea long considered politically taboo: a national sales tax.
Common around the world, including in Europe, such a tax — called a value-added tax, or VAT — has not been seriously considered in the United States. But advocates say few other options can generate the kind of money the nation will need to avert fiscal calamity.
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Richard Fisher, president of the Dallas Federal Reserve Bank, said: "Senior officials of the Chinese government grilled me about whether or not we are going to monetise the actions of our legislature."
"I must have been asked about that a hundred times in China. I was asked at every single meeting about our purchases of Treasuries. That seemed to be the principal preoccupation of those that were invested with their surpluses mostly in the United States," he told the Wall Street Journal.

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Larry Kudlow interviews former Vice President Dick Cheney
So, Dick Cheney backs off his comments about General Colin Powell and the Republican Party. But, Powell has never been a particularly good GOP party man and everyone knows it. This aspect of his career has nothing to do with his moderate social views on abortion or whatever.
If General Powell was so interested in promoting the big tent in the Republican Party why hasn’t he recruited a whole bunch of moderate Republicans and used his celebrity status to raise tons of money for them so they could win Congressional or Senate seats? How about mentoring some African-American Republican candidates?
No, General Powell is a great American but a good Republican Party activist he has not been.
The GOP is happy to have Colin Powell as a member but how about some reciprocation General?
Technorati Tags: Colin Powell, Dick Cheney
Tags: Colin Powell, Dick Cheney
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So says the latest Gallup Poll.
Americans’ views on same-sex marriage have essentially stayed the same in the past year, with a majority of 57% opposed to granting such marriages legal status and 40% in favor of doing so. Though support for legal same-sex marriage is significantly higher now than when Gallup first asked about it in 1996, in recent years support has appeared to stall, peaking at 46% in 2007.
Now, you know why the politicans, including President Obama, are not rushing to jump on the pro-gay marriage bandwagon. When talking about the institution of marriage Americans are not easily persuaded away from one man and one woman.
Technorati Tags: Gay Marriage
Tags: Gay Marriage
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Republican National Committee Video on Speaker Nancy Pelosi
From Ben Smith:
The video, “Pelosi Galore,” was attacked from the left as sexist, and some Republicans also found it in poor taste.
RNC spokesman Trevor Francis confirned the committee had removed the video but declined to explain why.
Gutless.
Technorati Tags: Nancy Pelosi, Republican National Committee
Tags: Nancy Pelosi, Republican National Committee
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Judge Sonia Sotomayor speaking at Duke University Law School in 2005 – Appeals Court where Policy is Made
How quickly can you say out of the mainstream?
With Judge Sonia Sotomayor already facing questions over her 60 percent reversal rate, the Supreme Court could dump another problem into her lap next month if, as many legal analysts predict, the court overturns one of her rulings upholding a race-based employment decision.
Three of the five majority opinions written by Judge Sotomayor for the 2nd Circuit Court of Appeals and reviewed by the Supreme Court were reversed, providing a potent line of attack raised by opponents Tuesday after President Obama announced he will nominate the 54-year-old Hispanic woman to the high court.
“Her high reversal rate alone should be enough for us to pause and take a good look at her record. Frankly, it is the Senates duty to do so,” said Wendy Wright, president of Concerned Women for America.
Judge Sotomayor will likely be confirmed by the U.S. Senate but make no mistake – She is a left-wing activist judge who will “MAKE LAW” from the bench.
Elections have consequences and the GOP will have the opportunity to use this appointment to campaign for more GOP Senators that would temper any further Obama appointments to the U.S. Supreme Court.
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Former Rep. Rob Simmons (R) is challenging Sen. Chris Dodd (D)
The latest Quinnipiac Poll continues to be favorable for Rob Simmons.
Democratic U.S. Sen. Christopher Dodd continues to lag behind Republican rival Rob Simmons, according to a Quinnipiac University poll released this morning.
Dodd, who has served in the Senate for close to 30 years, trails Simmons, 45 percent to 39 percent, the poll found.
However, those numbers are an improvement over the 50 to 34 percent advantage Simmons held in the last Quinnipiac poll, which was released in early April, on the heels of the AIG bonus controversy.
Dodd appears to have “stopped the bleeding,” Quinnipiac poll director Doug Schwartz said in a press release accompanying the poll results. Connecticut voters disapprove, 53 to 38, percent of the job the Democratic incumbent is doing, a gain over the 58 to 33 percent margin in the April 2, his lowest approval rating ever.
Dodd may have stopped the bleeding until the ads start to run and Connecticut voters are reminded of all of the sleazy deals with which Dodd is associated.
Flap wonders what kind of payback Joe Lieberman will exact during the campaign?
Technorati Tags: Chris Dodd, Rob Simmons
Tags: Chris Dodd, Rob Simmons
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 Day By Day by Chris Muir
Progressive speak equals DOUBLESPEAK, Chris.
Note, how the MSM spinmeisters are already hyping Judge Sonia Sotomayor’s life story. You know – rags to riches. But, the judiciary is NOT running for local Mayor or state representative or even Congress. What are her decisions on the appellate court? Have her decisions been within the mainstream of legal thought or does she have an agenda?
And, most importantly for an Obama appointment.
Has she paid her taxes and paid them timely?
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