Supreme Court overturns ruling by Judge Sotomayor on Ricci vs DeStefano

As anticipated, the Supreme Court overturned a blatantly biased ruling in the Ricci vs DeStefano case.  The matter involves a group of firefighters in Connecticut who were given opportunity to receive promotions based on a competency test.  The city of Hartford had brought in a team of analysts to make a test that would not have any racial bias, and this instrument was administered to the firemen.

However, those passing the test were caucausion, with the exception of one Hispanic.  No blacks who tested passed.

The city invalidated the results of the tests as racially unfair, and a class action suit was begun.

When the case had come before the Second Appellate Court, Judge Sonia Sotomayor upheld the actions of the city which denied the promotions to those who had passed the test.  The case was referred to the Supreme Court, where the lower court’s decision was overturned.

Judge Sonia Sotomayor has been nominated for a spot on the Supreme Court, but evidence is strong that her decisions are even further to the left than the most liberal of the highest judicial body.  The Democrats are pushing to rush her confirmation through, and plan to begin the confirmation hearings on July 13, before all of her required paperwork is even in, and long before the Senate will have opportunity to review her 3600+ cases.

 Those who are opposed to the rush job, and to the candidate, are asked to contact their Senators to delay the hearings until September and thoroughly investigate the judge’s record.

You can go here to send your own emails or get the phone numbers for your Senators.  (Use the state office phone number, not the Washington office, since Congress is on break for 4th of July.)

Here is a sample of a letter that I wrote:

Dear Senator Kyl,

Please do not allow the Democrats to push ahead with confirmation of Sonia Sotomayor. 
* Her questionnaire and required documents are incomplete
* She has over 3600 cases that still need to be reviewed
* She is too liberal even for the current Supreme Court, with 4/6 of her cases referred to them overturned by them.
* She has made blatantly racist remarks and rulings.
* She is the most liberal of all the possible candidates.
* She is a member of La RAza, an organization that is consistently against American sovereignty and reasonable security measures for securing out borders.

PLEASE do all in your power to unite the Republicans to stand against the July 13 hearings, and to vote against Ms Sotomayor’s confirmation.

We are counting on you.

You can see a list of the key issues in this debate here:  (Material from Right

Sonia SotomayorSotomayor has a TERRIBLE record as a Circuit Court judge, of being REVERSED by the U.S. Supreme Court over and over again. In fact, OVER HALF of her decisions as a Court of Appeals judge have been STRUCK DOWN!

Yesterday, the Supreme Court reversed Sotomayor’s decision in the case Ricci v. DeStefano. In that case, she approved of the city of New Haven’s racial quota system and its decision to deny 18 firefighters their earned promotions — based on their skin color. Her ruling even provoked her own colleague, Judge Jose Cabranes (a fellow Clinton appointee), to object to the issued opinion that contained “no reference whatsoever to the constitutional issues at the core of this case!”

Judge Sotomayor has already proven her bias, both before and after her time on the bench. For 12 years, she was one of the most active board members of the “Puerto Rican Legal Defense and Education Fund,” where she played an active role in their aggressive stances on issues affecting Hispanics like police brutality, the death penalty and voting rights. According to the New York Times, “One of the legal defense fund’s most important suits charged that a Police Department promotional exam discriminated against minority candidates. It was filed on behalf of the “Hispanic Society of the New York Police.” The exams, the group charged, did not really measure the ability to perform in a more senior position, and were yielding “unfair “results: Too many whites were doing well, and too many Hispanics and African-Americans were not.”

We MUST remind the Senators of exactly who this woman is, and what she believes:

  • She is a far-left judicial activist. Just four years ago, when speaking at Duke Law School, Judge Sotomayor “let slip” what is probably the most famous quote of her career: responding to a question on the pros and cons of different types of judicial clerkships, she let her TRUE beliefs slip out: she stated that the court “is where policy is made!” She tried to correct her slip, by joking that “I know this is on tape and I should never say that, because we don’t ‘make law,’ I know, I know.” In other words, she made it clear that she believes judges DO MAKE LAW!
  • At a symposium sponsored by the Berkeley La Raza Law Journal in October 2001, Sotomayor stated, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” That’s right — Judge Sotomayor said that HER experience as a “wise Latina woman” would make her a better judge than a white man would be. In fact, she has gone even further to say, “Whether born from experience or inherent physiological or cultural differences… our gender and national origins may and will make a difference in our judging.” And as if that wasn’t enough to prove her race-based (and gender-based) bias on the bench, that’s not all she said: “I further accept that our experiences as women and people of color affect our decisions… enough people of color in enough cases, will make a difference in the process of judging.”
  • Judge Sotomayor is a member of the pro-illegal immigration group LA RAZA. The prestigious American Bar Association has listed Sotomayor as a member of the National Council of La Raza, “a group that’s promoted driver’s licenses for illegal aliens, amnesty programs, and no immigration law enforcement by local and state police.” “La Raza” means “the race”… and is a group that also has connections to organizations that advocate the separation of several southwestern states from the rest of America! Can you imagine if a Republican nominated a Caucasian judge for the Supreme Court, who was a member of a group called THE RACE that advocated government programs and actions favorable only to white people?
  • Judge Sotomayor does NOT believe in the individual Second Amendment right to “keep and bear arms.” In Maloney v. Cuomo, she stated that the Second Amendment applies only to limitations sought by the federal government, not to those imposed by state or local governments. In fact, she refuses to say the Second Amendment protects a fundamental right that applies to all Americans, which raises serious questions about her view of the Bill of Rights. In a 2004 decision, U.S. v. Sanchez-Villar, Judge Sotomayor even ruled that “the right to possess a gun is clearly not a fundamental right.”
  • Judge Sotomayor is hostile to private property rights. She served as the senior judge on the 2006 case, Didden v. Village of Port Chester, where the government used its constitutionally limited power of “eminent domain” to force one private owner to turn over land (for a fee) to give it to a private developer — a case which respected University of Chicago law professor Richard Epstein described as “about as naked an abuse of government power as could be imagined.” Her ruling might be the worst violation of property rights ever approved by a federal appeals court. This anti-property rights decision was just part of a pattern of such decisions by Sotomayor, including Brody v. Village of Port Chester and In re St. Johnsbury Trucking Co.
  • Judge Sotomayor is a pro-abortion judicial activist. During a November, 2007 debate with Democratic primary candidates, Obama confirmed he would only back pro-abortion Supreme Court picks, saying, “I would not appoint somebody who doesn’t believe in the right to privacy.” In an interview on October 30, 2007, with NBC News, Barack Obama repeated the pledge he made throughout the campaign indicating that he would only appoint judges to the Supreme Court who support unlimited abortions, in what is a clear pro-abortion litmus test for federal justices. The Washington Post reports that the Obama White House is delivering strong assurances “that the Supreme Court nominee agrees with President Obama’s belief in constitutional protections for a woman’s right to the procedure [abortion].” White House press secretary Robert Gibbs indicated that the White House is sure she agrees with the “constitutional underpinnings of Roe v. Wade,” which 36 years ago struck down any and all restrictions on the “right” to an unlimited access to abortion during all nine months of pregnancy.
  • Judge Sotomayor supports giving Statehood to Puerto Rico — under biased conditions. She wrote an article in the 1979 Yale Law Journal that made an extravagant case for Puerto Rican statehood based on terms of accession that are more favorable to Puerto Rico than any other state in the Union, despite the fact that no other state enjoys similar rights and despite over two centuries of federal practice that provide for states to enter the Union “on an equal footing with the original States in all respects whatever.” Law professor Roger Alford called it an “affirmative action plan for Puerto Rico” statehood.
  • Judge Sotomayor supports giving voting rights to convicted murderers who are still serving time in prison. In Hayden v Pataki, a 2006 case in the 2nd Circuit, ex-felon Joseph “Jazz” Hayden brought a challenge under the Voting Rights Act against New York’s law banning ex-felons from voting. Sotomayor supported the challenge, saying that the Voting Rights Act “applies to all ‘voting qualifications,'” and — in her view — the state law “disqualifies a group of people from voting.” In other words: the Voting Rights Act can be used to force states to allow voting by currently imprisoned felons — even though the 14th Amendment specifically allows states to deny the vote to those convicted of crimes.

 Barack Obama threatened during the presidential campaign to nominate liberal judicial activists who would push their left-wing policy preferences, instead of simply applying the law in a neutral manner.  In selecting Sonia Sotomayor as his Supreme Court nominee, President Obama has carried out his threat and picked the most extreme nominee possible!

After Justice Souter announced that he would be retiring, Obama stated that he wanted his pick for the highest court in the land to have “empathy” and not someone who’s about some “abstract legal theory.” He wanted someone who is going to be “compassionate” in deciding cases, and implied that his pick should not just stick to the rules handed down to us by the founding fathers. There’s only one problem: that’s what the Supreme Court IS about!

The real problem we face is this: what the far left have not been able to pass legislatively — because the American people simply DO NOT support a far-left agenda — they want to impose on the American people through the courts. THAT is why Obama has nominated Sotomayor: to push the Supreme Court further and further left, to advance that liberal agenda.

As proof, you only have to look at what liberals feel about her: Sotomayor is a favorite of far left special interest groups. In addition to her record as a hard left judicial activist, Sotomayor has been recommended for the Supreme Court by none other than Nan Aron of the VERY liberal “Alliance for Justice,” who stated in a 2004 memo to the Senate Judiciary Committee that Sotomayor had “been through an initial vetting and fit into the criteria that WE believe should be the standard for any Supreme Court justice.”

BUT… the “Alliance for Justice” believes that the Supreme Court should be all about legislating from the bench and imposing that far-left agenda on the American people! And THAT is who Barack Obama has nominated to serve the rest of her life on the U.S. Supreme Court. In addition to her record as a hard left judicial activist, the National Abortion Rights Action League (NARAL) praised her “distinguished record of professional accomplishments,” while the radically pro-abortion National Organization for Women (NOW) said in a press release, “This morning we will celebrate, and this afternoon NOW will launch our ‘Confirm Her’ campaign to ensure the swift confirmation of the next Supreme Court Justice.” The president of Planned Parenthood, the largest provider of “abortion services” in the country, called Sotomayor’s appointment “historic.”

Senate Democrats are realizing that they may not have enough votes to stop a filibuster of Sotomayor’s confirmation — so they’ve move up the time for her hearings to start, to July 13th! Time is short… but our plan for stopping this disastrous nomination in its tracks, by targeting all 40 Senate Republicans while they’re in their home states for the holiday recess, is working!

TAKE ACTION:  It’s simply insane for the Senate Democrats to rush a vote on Judge Sotomayor’s nomination. She’s been on one court or another for 17 years; she has an extensive record, so it takes a while to go through 3,600 cases. Her questionnaire is still incomplete — among other deficiencies, she has not provided materials from seventeen cases she handled as a prosecutor. Nor has she provided materials from any appellate cases she handled. And she has not provided materials from over 100 speeches she has given.

Judiciary CommitteeLook at it this way: the Judiciary Committee had to review an average of six cases per day in order to be prepared for Judge John Roberts’ confirmation hearings. Six cases a day. The committee will now have to review an average of 76 cases — 76 cases — per day in order to be ready by the July 13th start of the Sotomayor hearing.

Knowing that Judge Sonia Sotomayor is a supporter of pro-illegal immigration groups, that she’s a far-left judicial activist, that she does NOT believe in the individual Second Amendment right to “keep and bear arms,” that she is hostile to private property rights, that’s she’s an extreme pro-abortionist, that she supports giving favorable statehood to Puerto Rico,  that she supports giving voting rights to convicted felons still serving time, that she is intellectually unqualified to serve on the Supreme Court, and that people on the left AND the right feel the same way… How can we possibly just sit by and let Barack Obama impact this Court for YEARS to come, in the worst possible way?

The answer is, we CAN’T. So we’ve launched our all-out blitz to ensure that this nominee is NOT crammed down our throats without a fight — otherwise, Obama will be emboldened to nominate someone even worse next time!

It’s already working! This week, all of the Senators returned to their home states for the Independence Day holiday break. NOW is when they are forced to actually LISTEN to their constituents for a change — they aren’t safely tucked inside the Washington, D.C. “bubble,” but have to face YOU AND ME, the ones who VOTE to decide whether they get to keep their jobs.

And we’ve been taking advantage of this opportunity! Already, our members have sent 11,880 FAXES directly to the home offices of every single Republican Senator! Then yesterday, we gave you their home office phone numbers, so you could call and demand a September vote instead of July — and they’re getting HUNDREDS of calls in every office! They’re starting to get the message — but they need to hear it even louder, that we could actually WIN on this vote, IF THEY STICK TOGETHER and force the Democrats NOT to rush the hearings and vote!

Here’s exactly how we can win: the Democrats have proven in recent years that judicial nominations can’t move forward unless there is at least a 60-vote majority willing to cut off all debate on the nomination. Right now, the Republicans only have 40 votes… BUT, the Democrats don’t actually HAVE the remaining 60 votes on their side!

Two key Senators — 77-year-old Ted Kennedy (D-MA) and 91-year-old Robert Byrd (D-WV), the longest-serving members in the Senate — are each battling illnesses: Kennedy a brain tumor and Byrd a staph infection. It’s unclear when either will make a full-time return to the Senate. PLUS, Minnesota is still missing its second Senator: radical liberal Al Franken is still in court, fighting to be seated after his race against Norm Coleman came down to just a few votes.

Byrd KennedyByrd has been hospitalized periodically for various ailments, and he lost his gavel running the Appropriations Committee because of his increasingly frail condition. Kennedy has made rare visits to Capitol Hill since a brain tumor was discovered in May 2008, and he suffered a seizure in the Capitol during a luncheon following Obama’s Inauguration as president in January.

All of this means that Democrats really have just a 57-40 majority — meaning that, on any issue INCLUDING A VOTE ON SOTOMAYOR, the GOP can actually lose two Republican votes and still deny the Democrats the votes needed to stop a filibuster!


If we can force the GOP Senators to at least demand a full and in-depth investigation and debate over Sotomayor’s nomination, then we have a chance to STOP it as more and more information comes out about how radical and out-of-the-mainstream her far-left views really are.

That’s why we set up our website to enable you to send “Blast Faxes” to the HOME STATE OFFICES of every single Republican U.S. Senator AT ONCE, urging that they REJECT any attempt by the Democrat majority to ram through a rushed vote on Sonia Sotomayor’s confirmation!

We’re revealing a bold new step every single day this week, in our Action Plan against Barack Obama’s nomination of Judge Sonia Sotomayor. Please, take action right away to STOP this far-left-wing judicial activist from being confirmed to sit on the U.S. Supreme Court!

William Greene
William Greene, President PAC

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