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Hatch says high court pick Sotomayor not racist, but may be judicial activist
Salt Lake Trbinune ^ | 05/28/09 | Matt Canham

Posted on 05/28/2009 12:32:56 PM PDT by freespirited

Leading conservatives, including radio firebrand Rush Limbaugh and former House Speaker Newt Gingrich, have ripped Judge Sonia Sotomayor, the president's Supreme Court pick, for being a racist.

But Utah Sen. Orrin Hatch, a senior member of the Senate Judiciary Committee, doesn't buy it.

"I don't agree with that. And frankly, I think it's a little premature and early, because she hasn't had a chance to explain some of these comments that she's made," Hatch said on CNN this week.

It was just one of a number of national interviews Hatch has given since President Barack Obama tapped Sotomayor to fill the high court opening.

The flap centers around a 2001 speech where the judge, who is of Puerto Rican descent, said: "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."

Gingrich and Limbaugh, among others, claim that no white man would be able to get away with such a comment and it should disqualify Sotomayor from taking the seat being vacated by retiring liberal Justice David Souter.

While he won't label Sotomayor a racist, Hatch told Fox News' Sean Hannity that Sotomayor's comment was "not wise language. That's one of the things that worries me a little bit here."

Sotomayor made the controversial comment when she was asked to respond to Justice Sandra Day O'Connor's famous remark that "a wise old man and a wise old woman will reach the same conclusion in deciding cases." Sotomayor argued that past Supreme Courts have voted to uphold race and sex discrimination, later found unconstitutional.

In the same speech she said: "Personal experiences affect the facts that judges choose to see."

While conservative pundits have ripped Sotomayor, Republican senators have been much softer in their criticisms. They have said they are unlikely to filibuster Obama's pick and acknowledge there is little chance her nomination will be blocked.

Many political observers have noted that Republicans would face a major political backlash from Hispanic voters if they declared an all-out war on the first Hispanic nominee.

Hatch told The New York Times that he understands the politically sensitive position Republicans face, but said "that doesn't mean that because the person is a minority and there could be political ramifications we should not do our duty. I think it's incumbent upon us not to be worried about those considerations. Just worry about being fair."

In interviews, Hatch repeatedly promised to be fair to Sotomayor, a veteran judge on the 2nd Circuit Court of Appeals. He described her as having "a very compelling life story" and "an interesting personality" but he also repeatedly said some of her statements were "very troubling," leading him to wonder about her judicial philosophy.

He said if senators conclude that she will be an "activist judge," who relies on her own views instead of the law to make decisions, then they must vote against her nomination.

"I doubt that she fits that category, but the fact is, there are some statements that she's made that are questionable," he told CNN.

Hatch fired off a list of statements on Fox News that he finds objectionable, including a 1996 law review article where Hatch said she endorsed "legal realism" and "legal systems capable of fluidity and pliancy."

"What in the world does that mean?" Hatch asked.

Hatch will have multiple chances to get answers to his questions. Sotomayor has already started contacting senators to set up individual meetings and will undoubtedly have a private chat with Utah's senator. Hatch will have a second chance to quiz Sotomayor at a Senate Judiciary Committee hearing expected to be held later this summer.

In 1998, Hatch, and Utah Sen. Bob Bennett, voted in support of her nomination to the 2nd Circuit Court. But Hatch, who only rarely votes against a presidential pick, said that doesn't mean she will automatically get his support this time around.

"I'm withholding judgment," he told CNN. "And, of course, come from a tendency to usually support whoever's president and their picks to the court."


TOPICS: News/Current Events
KEYWORDS: 111th; judicialactivism; orinhatch; scotus; sotomayor
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Hatch fired off a list of statements on Fox News that he finds objectionable, including a 1996 law review article where Hatch said she endorsed "legal realism" and "legal systems capable of fluidity and pliancy."

"What in the world does that mean?" Hatch asked.

It means Al Gore's living, breathing Constitution, Senator.

1 posted on 05/28/2009 12:32:56 PM PDT by freespirited
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To: freespirited
Once again Orrin comes firmly down in the... middle.

Never before have we so badly needed leaders.

2 posted on 05/28/2009 12:37:06 PM PDT by skeeter
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To: freespirited

She’s a racist, a sexist, and a laraza supremacist.


3 posted on 05/28/2009 12:41:27 PM PDT by Leftism is Mentally Deranged (liberalism allows you to have 2 contradictory thoughts in your mind at the same time)
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To: freespirited
May be judicial activist?
4 posted on 05/28/2009 12:42:06 PM PDT by Paleo Conservative
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To: freespirited
"I don't agree with that. And frankly, I think it's a little premature and early, because she hasn't had a chance to explain some of these comments that she's made," Hatch said on CNN this week.

Orrin, Orrin, Orrin. Why don't you take what she said at face value? There's no other way to take it! Think if Samuel Alito or John Roberts had gone on record saying that their white male upbringing and experiences made them capable of reaching better decisions than a black or a latina? Think they ever would have gotten to a Senate hearing? Show some b*lls and start fighting back for God's sake. Otherwise go back to Utah. What have you got to lose but your cushy Washington job?

5 posted on 05/28/2009 12:46:34 PM PDT by Rummyfan (Iraq: it's not about Iraq anymore, it's about the USA!)
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To: freespirited
"I don't agree with that. And frankly, I think it's a little premature and early, because she hasn't had a chance to explain some of these comments that she's made," Hatch said on CNN this week.

She won't be asked to explain. It will be just like McCain in the campaign when it was considered impolite and bad form to question Obama about his ties to the racist preacher Rev. Wright.

6 posted on 05/28/2009 12:49:22 PM PDT by Unam Sanctam
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To: skeeter
Yes, it is high time for Hatch, Senator Swimmer’s buttie, to go and go soon.
7 posted on 05/28/2009 12:52:09 PM PDT by MBB1984
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To: freespirited

Once again Orrin denies reality in favor of bipartisan cherry Kool-Aid! Yes Orrin. That way EVERONE will love and respect you. Now please continue bending over for a photo.


8 posted on 05/28/2009 12:52:51 PM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: freespirited

Once again, a Republican tower of courage refuses to call a spade a spade.


9 posted on 05/28/2009 12:55:53 PM PDT by edge10 (Obama lied, babies died!)
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To: Leftism is Mentally Deranged
Here's the test for racist statements.
Let's take this:
"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."

and change it to:
"I would hope that a wise White Man with the richness of his experiences would more often than not reach a better conclusion than a Latina woman who hasn't lived that life."

If the second is racist, the first is racist.

10 posted on 05/28/2009 1:02:00 PM PDT by MrB (Go Galt now, Bowman later)
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To: edge10

He is such a coward. good grief. what is wrong with these people!! Are there no BALLS left in DC?????????? What a weeney. No strength, no confidence, no nothing. Acting like a @#$% Brit......(with the exception of Margaret Thatcher..)


11 posted on 05/28/2009 1:03:41 PM PDT by murrie (For God so loved the world, that he gave His only begotten Son..........)
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To: freespirited
It means Al Gore's living, breathing Constitution, Senator.

This morning, Dick Morris also spoke of his belief of the "living Constitution". These people are either incredibly stupid or incredibly evil.

12 posted on 05/28/2009 1:04:13 PM PDT by newfreep ("Liberalism is just Communism sold by the drink." - P.J. O'Rourke)
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To: freespirited
"Senator Hatch, the clinic called. You missed your appointment."
13 posted on 05/28/2009 1:06:20 PM PDT by pabianice
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To: newfreep

I think it is both. What no one seems to realize is that when you start advocating a “living, breathing” constitution with “empathy” you are opening wide the doors for a dictatorship and TYRANNY. Everything will depend on one persons idea of how things should be. And. Human nature being what it is-it ALWAYS slouches towards EVIL.

ok. I’m done ranting for the day.....Criminy I am so aggravated at the way our country is going.....


14 posted on 05/28/2009 1:08:00 PM PDT by murrie (For God so loved the world, that he gave His only begotten Son..........)
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To: freespirited

“who is of Puerto Rican descent”

Oh my. She was born in the Bronx but is of “Puerto Rican descent.”

Just exactly what does this mean?

Are some pigs more equal than others?


15 posted on 05/28/2009 1:15:05 PM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: freespirited
"I don't agree with that. And frankly, I think it's a little premature and early, because she hasn't had a chance to explain some of these comments that she's made," Hatch said on CNN this week.

Why would a RINO like Hatch judge Sotomayor on the basis of her real actions and past performance when he knows she will say the right things to cover his forthcoming support for her?

RINO's can always find a way to rationalize their lack of backbone.


16 posted on 05/28/2009 1:16:45 PM PDT by Iron Munro (The Obama Tao: Hard work only pays off in the future. Laziness pays off right now.)
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To: murrie
Human nature being what it is-it ALWAYS slouches towards EVIL

Whether you know it or not, this is the essential assumption that your worldview is based on. Leftists believe, however, that people are basically good, and those in positions of power are necessarily the elite who are MORE moral and ethical than the masses.

This is the basis of the conflict of visions.

17 posted on 05/28/2009 1:17:28 PM PDT by MrB (Go Galt now, Bowman later)
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To: Gatún(CraigIsaMangoTreeLawyer)
Oh my. She was born in the Bronx but is of “Puerto Rican descent.”

Just exactly what does this mean?

It means that thanks to the identity politics movement, it is now advantageous to play up where her ancestors came from.

18 posted on 05/28/2009 1:34:52 PM PDT by freespirited (Is this a nation of laws or a nation of Democrats? -- Charles Krauthammer)
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To: freespirited

“I think it’s a little premature and early”.....

Oh right!.... goof butt Hatch!....Exactly the kind of thinking that has allowed Urkel to get as far as he has!


19 posted on 05/28/2009 1:36:37 PM PDT by AngelesCrestHighway
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To: Gatún(CraigIsaMangoTreeLawyer)
It means the democraps and their enemedia are insisting that Sotomayor be identified as an affirmative action promotion ... not surprising coming from the affirmative action figure liar-in-chief. The racist administration is just living up DOWN to expectations.
20 posted on 05/28/2009 1:37:14 PM PDT by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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