Americanpolitics

I must admit, I learned a lot about the process of the law by watching the Confirmation Hearings. In the final chapter of these hearings, Republicans could not get enough of questioning Judge Sotomayor which was their right but I’m sure they wore Judge Sotomayor out with the repetition. I know they wore me out.

For me the highlights of the day were when Senator Graham, relating his uncomfortable feelings regarding the “Latino woman” speech bluntly told Judge Sotomayor that she “had said some things that bugged the hell out of him.”

Graham asked Sotomayor “for those who may be bothered by your words” what can you say,” at which point Judge Sotomayor said, “I regret (she looks away and pauses) I have offended some who have taken offense to my words. My life indicates this is not my intent”

While these may not be her exact words, I was struggling inside with many emotions when her first words came out; this is very close to what she said. At first, I was hurt by her words. I felt that they had broken her with the repetition of asking her about those speeches over and over again and I knew that her “regret” would not erase the words or the feelings they had about the words – so what was the point in hounding her regarding the words.

Since it felt like a battle, to me, over these words, I had to ask myself who really won this battle; Republicans, from day one, seemed hell bent on making Judge Sotomayor rescind her words but in the bigger picture even if she said she “took back” the words what difference would that have made – the universe had already heard the words. Could the Republicans just not understand the concept that there is a “public” speech level and a “private” level of “speech giving?”

The first rule of public speaking is to know your audience. This allows you to choose the “most effective” words to use when addressing them with the aim being to keep them interested in the speech. That being said, I had to look at the words Judge Sotomayor uttered in her efforts simply to move past the “words” of those speeches during the hearings.

While she admitted to feeling regretful for the impression the words gave, did this regret include the words themselves? For me this was an irrelevant repetition of a question that had been asked and answered too many different times by too many different Republicans with nothing definitively achieved.

In the final analysis, this “Confirmation Hearing” had very strong undertones of racism and control mixed in. Beyond the “Latino woman” aspect was the Ricci case that was revisited repeatedly. This was the case involving the firefighters who were refused promotion.

The way it was presented gave the impression that Judge Sotomayor, alone, ruled against this case when in reality the case came up from a lower court who had “reviewed” it and made a decision not to pursue it. Once it came to the courts of Judge Sotomayor, there were three Judges, in total, who rendered the same decision.

Once it got to the Supreme Court, it has been implied that the Supreme Court overturned precedent regarding the one issue, which was “disparate impact,” that had originally brought the case through the appeals process. If the Supreme Court did, in fact, overturn precedent then my question becomes: Why and why make this case such a big issue during these hearings.

In an effort to shorten this post, there were so many things that I could comment on I would like to discuss the conversation of “fundamental rights” in relationship to “empathy” in decisions regarding the right to bear arms that came into the conversations yesterday during the hearings.

Again this is Senator Graham speaking bringing up the “right to bear arms.” Graham wanted Sotomayor to take a stand on the “fundamental right” concept even though there have been precedent previously set regarding this issue as it relates to state verses federal law. However, Graham interprets the law in another way – that there is a “fundamental law” that is based on the “will of the people” that determines their right to bear arms.

He really wanted Judge Sotomayor to agree to this statement but instead she continued to cite the laws on the books. In his determination to get a specific answer from Judge Sotomayor, he continued to talk and my take on his conversation was that he put his foot in his mouth in relationship to “empathy” – the dirty word.

Empathy as defined is: understanding, sympathy or compassion as it relates to another individual’s feelings, difficulties or views.

He goes on to say that when deciding the “fundamental rights” to bear arms, there should be a basic understanding of the “will of the people” and in any case that is brought before the Supreme Court regarding the right to bear arms, where no precedent has previously been established the “will of the people” should be taken into consideration.

Graham goes on to ask Judge Sotomayor how she would determine a case like this, with no clear, precedent decided. I think on some levels he realized what he had just said and he continued to speak, a little faster, making the statement/asking the question that he felt that Judge Sotomayor could be broad minded enough to embrace a concept that “you may not agree with for yourself.” (thereby inserting empathy towards the person or situation)

Law is not precise, that is why there are so many different levels of courts and so much to read through before making a decision. Words need to be interpreted to decide if they fit into the context of what has previously been decided. If “empathy” towards the “will of the people” can be inserted in the question of the “right to bear arms” where no precedent has been established, this same empathy can be inserted in other cases involving other issues – so why make the issue of “empathy” such a big issue when interrogating Judge Sotomayor originally. There is so much more I could discuss however, this is too long already.

Sotomayor, through it all, was grace under fire. Over the three day interrogation things lighten up at times and she seemed more at ease. By the third day, Republicans were not as harsh with their words but their indecision still showed. Regardless of what she went through during these Confirmation Hearings, Judge Sotomayor will, undoubtedly be nominated, I am sure she is glad this Confirmation Hearing is over and I will celebrate her victory in my heart.

And that’s the way I see it!!!

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