Monte wrote:
DFK! wrote:
The questions that arise then are:
1) Was she the most qualified to do the job, or did the "diversity" metric overrule qualifications.
Well, I think you'll find differing answers to that. I'm sure some will say she's unqualified *because* she's a Latina. That her heritage and success somehow combine into proof that her whole life was a story of affirmative action.
She is at *least* as qualified as any other member of the Supreme Court. I find her diversity to be icing on the cake.
I didn't ask if she's as qualified as other members of the Supreme Court (which hasn't been demonstrated either way and is thus unproven), I asked if she was the best qualified candidate. That hasn't been proven either, nor even addressed.
Monty wrote:
DFK! wrote:
2) Does her "level-headedness" simultaneously demonstrate an adherence to Constitutional principles, rather than social activist principles? If not, what other qualification does she have that overrides Constitutionality?
She has a record of ruling on settled law, fairly and accurately. Her judicial record is one of fealty to the law, not to a political agenda.
I didn't examine her case history item by item, so admittedly I'm ignorant on this matter: what evidence do you have to support this claim?
Monty wrote:
Now, she may not hold the same opinions you do on constitutional principles and questions, but that does not disqualify her for the role.
Quite correct, it does not. Whether she
adheres her beliefs to the Constitution is a valid question, and only partially subjective.
Monty wrote:
DFK! wrote:
Her attitude and phrasing are the issue, as her point cannot be clearly garnered vis. whether she supports that m.o. or not. I have less problems with that video than her racism and genderism.
Her attitude is entirely a subjective call, born of a clip from a question she fielded at a panel discussion. In other words, you're taking this sliver of a moment from her life, and asking if that disqualifies her for the highest court in the land.
Of course it's subjective, which is why I said her point "cannot be clearly garnered."
Monty wrote:
She isn't a racist, nor is she a sexist, and people that claim that are being terribly misleading and unfair to her. they are taking one sentence out of an entire, long statement, and ignoring the context in which it was written. There is nothing in her history, her judicial work, or her body of opinions that supports such a claim.
Anecdotal evidence from speeches of hers and her judicial opinions refutes this claim.
She has stated that a "latina" would come to a "better" opinion. This is indicative of both race and gender bias, as "latina" is a descriptor for both race and gender lines, and "better" is a qualitative measure indicating superiority.
Furthermore, as supported by the law, her decisions in affirmative action cases have been shown incorrect, and in the eyes of the courts, they thereby affirm racism. While this is in some ways an appeal to authority, the court system lives on appeals to authority, and so I feel a valid concern since she is now at the head of the court system itself.