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BREAKING NEWS: Sotomayor Supports Letting FELONS Vote
Submitted by Cahnman on Fri, 05/29/2009 - 19:45
This is devestating. In 2006, Sotomayor dissented on this case, arguing that because Latinos and Blacks make up a disproportionate portion of the prison population (because they commit a disproportionate amount of the crime) they are covered under the Voting Rights Act. This argument is patentedly absurd on it's face, not to mention it's sheer nuttieness.
Anyone who thinks felons are covered under the Voting Rights Act has NO BUSINESS on the Supreme Court. The last thing we need are politicians pandering to felons.
As a sidenote, this is another reason the abomination that is the Voting Rights Act should be repealed.
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www.scotusblog.com/wp/judge-sotomayors-appellate-opinions-in-civil-cases/
Did she want to give felons the right to vote? Or does this mean something else??
Another aspect of her questioning
should be her position and perspective on allowing felons to vote. It will be interesting if she will answer on this one, as she is undoubtably being groomed as I write on how not to answer a question, when asked a question.
Althought the writing is pretty much on the wall that she will being confirmed (she's already been coronated by the press and of course most Democrats) , it would make sense for Republican senators to ask her position on this question, as the American people need to see what kind of judge Obama has given us. Thank you for finding this, and I hope that somebody will pick up on this.
KEYWORD: Felon Disenfranchisement
From Wiki:
It was news to news to me, too.
Whatever the rationale, this is troubling
This suggests that she is all ears to any and all "racial disparity" arguments raised by people challenging race neutral law enforcement policies.
Here in CT parole was restricted after the Cheshire massacre in 2007. There was then an outcry from various people in minority neighborhoods. Upon further review it was apparent many of the angered people were parents of inmates. Ironically, although the impetus to tighten parole in CT came from an atrocity committed by two white guys in the suburbs, the history of Giuliani's NYC demonstrates the beneficiaries of more realistic law enforcement strategies have a beneficial "disparate impact" on neighborhoods of color.
Let's find out if the "wise Latina" can bring her life experience to the table here; since her risk of being a crime victim in the West Village declined substantially after the powers that be in her community let the police do their job .
As an aside, doesn't it stand to reason that to the extent we add convicts to the voter rolls the voting bloc against law enforcement is likely to grow? How is that a good thing?
Dirty not so little secret
who will be enhanced by the allowance of felons to vote, the Republicans?
I don't think so. We all know the answer to this one. The ones with a 'D' after their names.
"Birds of a feather...."
Cahnnman thinks refusal to engage in acticism is "devastating"
Lordy, lordy - this is rich. Another case wherein Sotomayor dissents from the majority and criticizes the majority for engaging in judicial activism, and Conman thinks it is "devasating" to her chances.
Here is a suggestion - don't believe every bit of spin you read in the The Washington Times.
Here is Sotomayor's entire dissent in Hayden v. Pataki. (Conman, I've highlighted the important words for you to make it easier.)
A plain rejection of judicial activism - and Conman goes bananas.
"activist judge" is just rhetoric, apparently
In this case, Sotomayer clearly comes down AGAINST judicial activism and rails against the other justices for not following the plain wording the law in question and choosing instead to create new law from the bench.
Clearly, some people have no problem with "judicial activism" as long as the judges are activist in the way they think is politically appropriate.
This may be relevant to the consideration
This decision is from a district court in the 2nd Circuit applying CT's statutory "plain meaning" law.
Also, consider this
The problem herein is Judge Sotomayor found the Voting Rights Act unambigious in mandating that felons had the right to vote; and her colleagues didn't. Why was this so obvious to her and not the court's majority? Perhaps a question could be posed that if the application of a statute placed a disportionate impact on another group in society (such as requiring foreign language ballots in rural upstate counties with few immigrants) would this Judge be so quick to find the same sort of "plain meaning" in the statute?
take a step back for a second
Is voting a basic right? If it is, then the assumption must be that all citizens have that right unless it is specifically removed by law.
Voting rights among felons vary widely from state-to-state, so there is no real common standard that can be applied. Look at the range...
Felons can vote, even when in prison - 2 states
Felons can vote when no longer in prison - 13 states
Felons can vote when parole is completed - 5 states
Felons can vote when probation is finished - 18 states
Felons may never be able to vote again after a conviction - 12 states
Obviously the best result is somewhere between the two extremes, but it's obvious that there is no consensus on the state level as to what that result may be. Therefore, the restriction of voting rights for felons needs to be explicitly legislated rather than presumed and dictated from the bench.
Hey, does anybody know...
...if an associate justice of the Supreme Court should, or could recuse themself from hearing cases they ruled upon as Federal Appeals Court judges? It seems like it to me, they should be required too as a simple matter of fairness, or is that asking too much?
Secondly, is Sotomayor is appointed to the Supreme Court, are we going to lose the right to bear arms?
ex animo
davidfarrar
So, She's Wrong for Exercising Judicial Restraint????
You guys are missing the boat on the felon voting case. The issue was presented in a "motion to dismiss." At that stage of the litigation, the law requires the court to assume the accuracy of the allegations in plaintiffs' complaint complaint and to decide whether the defendant is liable (even if the facts are true). So, assuming that NY elections law regarding felons constitutes a systematic exclusion of black and Latino voters, the question the court considered was whether the Voting Rights Act covers this situation. Section 2 of the Voting Rights Act covers "any" law or policy that dilutes the votes of a racial group. It contains NO exceptions. The majority explicitly states that it is looking beyond the plain meaning of the statute -- something conservatives claim to abhor -- in order to create an exception. So, is Sotomayor a "radical" scary liberal or are we conservatives being hypocritical? Unfortunately, I think we are being hypocritical.
The same problem exists with the gun case. The Supreme Court has never reversed its earlier rulings which hold that the Second Amendment does not apply to state laws, and it only announced that the Second Amendment establishes an individual right last year in a very close 5-4 ruling. But now, the NRA is upset because Sotomayor did not vote to overrule the Supreme Court and to announce a new right against state governments. Again, these are not conservative principles. We need to be consistent and informed!
Hypocrisy Alert: Conservatives Angry That Sotomayor Is Not a Judicial Activist (Part II)