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Originally Posted by saden1
At this point I don't even know what you're getting at. Justice is about fairness for both the majority and minority. The blindness of justice is a mater of fairness and I don't see what the issue is with respect to weather her Hispanic heritage should or shouldn't be considered an asset.
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Based on her own statement about a Latina woman making a better judgement than a white male she is alleging that her sex & heritage makes her better qualified. I disagree with that premise.
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As for the broader notion that justice should be blind to race and sex you are absolutely wrong on the matter -- with prejudice.
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Here we have a fundamental disagreement -- with prejudice.
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We are a Constitutional Republic is to combat majoritarianism. Protecting the minority from the majority is at the core of this nations and the single most important job carried out by our judicial branch.
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Interpreting the laws and Constitution of the U.S., with regards to the cases presented to it, is the single most important job of the judicial branch not to protect a minority, majority, or certain race/sex/creed.
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Race and sex (the minority requiring protection) can be and are a factor in decision making because their social standing is still below that of white males (the majority that wields power). This isn't intended to be an indictment of white males, it's just the current fact of life. You still got the best hands in the deck bro even if Obama is president.
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I don't think I've ever mentioned my ethnicity....but yes I'm a white male. I'm not sure what "best hands" I'm supposed to be holding. I grew up lower-middle class, went to public school, financed my own education, served in the military, haven't received any promotions because I'm a white male. I haven't received any government assistance or loans because of being a white male. So I disagree with the premise that the "deck is stacked" in my favor. On the contrary, I've been involved in Federal contracting for over 15 years and if I was a minority based on my contacts and knowledge, I would've started my own 8(a) company and be significantly better off financially than I am now.
Is the country completely color-blind, of course not, but we have made tremendous strides in the last 50 years.
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The truth is the Supreme Court never takes on a case unless it deems the findings of the lower court questionable. This is their function so the 83% is meaningless. If you really are interested in numbers the number that should interest you is what percentage of all the cases heard by Sotomayor did the Supreme Court review. One has to wonder about Roberts and Alito disagreements with the Supreme Court as appellate judges.
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The 83% number isn't meaningless, unless you can show that the number is consistent among other SC nominees. You are right and I thought about this also, is that the number of her cases reveiwed by the Supreme Court should be referenced against other SC nominees. If the numbers are in-line than they are of no consequence, if the numbers are skewed then they need to be taken into consideration.