Friday, May 29, 2009

Is Sotomayor a "Racist"?

Why is the Republican Party so out of power these days? Oh, maybe due in part to the practice of taking a line out of context and then smearing someone as a racist. In the past week, a plethora of conservatives have accused Supreme Court nominee Sonia Sotomayor of being a racist. Why? Because in 2001, while delivering a speech at Berkeley, she 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.”

Any intellectually honest reader should place the phrase into context. In her speech, Sotomayor discussed how a judge’s life experiences can affect his or her rulings. A few sentences earlier than the oft cited passage, Sotomayor said, “Our gender and national origins may and will make a difference in our judging.” Throughout her speech, she wrestled with how our experiences affect the way we think. She was honestly discussing how a judge, who should aspire to have no bias, will nevertheless be influenced by his or her background. Is she claiming that because she is a Latina she will automatically make better decisions? No, I don’t perceive that. For one, she used the word “hope.” She was not making a definitive statement, but a hopeful one. If judges are affected by their pasts, then hopefully someone in her position will be able to make a better decision because of it, particularly if the issue is dealing with gender or minority issues. But she followed this statement by cautioning, “we should not be myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable… nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown [v BOE].”

Further, in the following paragraph, Sotomayor expounded a little more on what she means about life influences:

“Personal experiences affect the facts that judges choose to see. My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar. I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.”

But does she believe these experiences trump the law? She continued:

“I am reminded each day that I render decisions that affect people concretely and that I owe them constant and complete vigilance in checking my assumptions, presumptions and perspectives and ensuring that to the extent that my limited abilities and capabilities permit me, that I reevaluate them and change as circumstances and cases before me requires…I willingly accept that we who judge must not deny the differences resulting from experiences and heritage but attempt, as the Supreme Court suggests, continuously to judge when those opinions, sympathies and prejudices are appropriate.”

When placed in context, there is simply nothing in her speech that would lead me to believe Sotomayor is a racist. For some to suggest otherwise is just furthering the wilderness experience for Republicans. I am not surprised that Rush Limbaugh made this about race, but I am disappointed that Newt Gingrich has. He should be smarter than this.

I hope during the confirmation hearing that Sotomayor will be asked how she balances empathy and the law, how she goes about processing her background and experiences in her decisions, and whether she would ever violate the Constitution in favor of empathy. These are good legal arguments. But to suggest she is a racist is repugnant. It was beneath the Senate to accuse Sam Alito of racism, it should also be so to accuse Sotomayor of the same.

On empathy, I do not mind a judge having empathy as long as the rule of law is followed. In fact, when voting for judges in a primary in Texas, I often vote for a female over a male because of empathy and perspective, so I understand what Sotomayor is saying. Additionally, in reading some of her decisions, it appears that Sotomayor is a defender of religious liberty, which was encouraging to see. So from what I have read and researched, this is not a radical leftist that many would have us believe. Do I agree with her on everything? No. Would I prefer a more conservative pick? Sure. But conservatives didn't win the election. And if we don't change our tone, we will not win many in the future either.

Tuesday, May 26, 2009

On the Nomination of Judge Sotomayor

Elections have consequences. One of the perks of the ruling party is to nominate and confirm Supreme Court Justices. George W. Bush and a Republican Senate placed Roberts and Alito on the Court. Obama and a Democrat Senate now will place Judge Sotomayor on the highest court. Obama won the election, the Democrats dominate the Senate, end of story. The Republicans can certainly question Judge Sotomayor on her rulings, leanings, etc. It is highly responsible to do so, but I hope they do not engage in character assassination or heightened attacks on minor issues. The debate should be: Is she qualified? If the answer is yes, then she should be confirmed. While from what I read leads me to believe I disagree with her political leanings, she does appear to have the credentials. I know this will upset many people on the conservative side, but this is how our system works. Opposition to Sotomayor should be based on legal rulings, not on personal politics. I know this is not how Obama voted while in the Senate, (he opposed Roberts and Alito on pure personal politics) but it is how a Senator should approach these nominations. Presidents nominate Supreme Court Justices. Senators confirm. That’s the Constitution. If people are upset at her nomination, then they should start electing like-minded people to the Presidency and Senate so it won’t happen in the future.

In the long run, this pick will do little to alter the shape of the court. Retiring Justice Souter is one of the liberal justices, so Sotomayor will not be shifting the court any direction, but just maintaining the status quo. As the first Hispanic and third woman ever to serve, she also has a very compelling life story which should be an inspiration to all, no matter one’s political viewpoint.

Friday, May 15, 2009

Abortion in America Today

From the Gallup Poll today:

"PRINCETON, NJ -- A new Gallup Poll, conducted May 7-10, finds 51% of Americans calling themselves "pro-life" on the issue of abortion and 42% "pro-choice." This is the first time a majority of U.S. adults have identified themselves as pro-life since Gallup began asking this question in 1995."

Thursday, May 14, 2009

In Defense of the President

Last Thursday was the National Day of Prayer, an observance begun 47 years ago. Around the country groups gathered to pray for the nation, our leaders, communities, and citizens. Like his predecessors, President Obama signed the proclamation for the day but, in divergence from the Bush Administration, Obama did not attend any of the events, instead choosing to observe the day with private prayer. He has been criticized by some for failing to attend the official Washington function hosted by Shirley Dobson, wife of James Dobson and no fan of the President. And what did she say? “At this time in our country’s history, we would hope our president would recognize more fully the importance of prayer.” This is what drives me crazy about the Religious Right. Because Obama did not attend a function hosted by Dobson, he suddenly doesn’t recognize the importance of prayer? That’s ridiculous. And it makes religious people look petty. But then the kicker – Wendy Wright, president of Concerned Women for America: “For those of us who have our doubts about Obama’s faith, no, we did not expect him to have the service… But as president, he should put his own lack of faith aside and live up to the office.” His own “lack of faith”? Because he won’t attend a function where people admittedly doubt his faith? This judgmental, politically blinded attitude is essentially everything that is wrong with the marriage of the Religious Right and conservative politics. It’s just not very Christ-like. Disagree with the President on policy issues – that’s fine and appropriate and responsible. But to judge his personal faith?

I think it is fine that we have a National Day of Prayer, and I am always happy to attend an event. But, I support the President’s decision to observe the day privately and not to attend these public functions. Because then it does become a political function, no matter who the President is. Let the prayer ceremonies be about prayer, not what important person is attending. These should only be about One person anyway. And I’m sure He hears prayers well in a large group or in a private closet. He may even hear the closet prayer better.

Tuesday, May 12, 2009

A Kempian Approach to Navigating the Wilderness

Much discussion has occurred in the news over the last weeks as to the future of the Republican Party. Rush Limbaugh and Colin Powell are feuding, Michael Steele and Mitt Romney are in a spat – there is a definite leadership vacuum in the party. So where to turn? I think the party would best be represented by a candidate who held the ideals and optimism of the late Jack Kemp.

I’ve always been a Kemp fan. I admire how he always held to his conservative ideals without being snarky or mean-spirited. He always sought a big tent for the party, not by placating to others, but by convincing others of his ideas. He was never overly partisan and disdained personal attacks, but also was not afraid to point out where the other side was wrong, nor was he afraid to point out where his own party was wrong. His desired outreach to minorities was a rarity among Republican ranks, the rarity of which is costing the party dearly now. (In college, I heard Colin Powell speak and he was asked about running on a Powell/Kemp or Kemp/Powell ticket. He joked that if that were the case, Kemp would get the black vote and he would get the white vote.) I remember in 10th grade (1992) predicting and hoping that Jack Kemp would be the nominee in 1996 (I know, it’s pretty sad I was so into politics as a 10th grader). He didn’t run, but he was tapped as Bob Dole’s running mate in the losing effort. However, in honor of the late Jack Kemp, here are some excerpts from his VP acceptance speech from 1996. Unfortunately, I cannot find the video of it. But his words from this speech would be a good starting point for the Republican Party today:

“Abraham Lincoln believed, you serve your party best by serving your country first... I begin this campaign to take our message of growth, hope, leadership and cultural renewal to all Americans. We will carry the word to every man, woman and child of every color and background that…with liberty, equality and justice for all.

“I am putting our opponents on notice. We are asking for the support of every single American. Our appeal of boundless opportunity crosses every barrier of geography, race and belief. We may not get every vote, but we will speak to every heart. In word and action, we will represent our entire American family… the purpose of a great party is not to defeat the other party but to provide superior ideas, principled leadership and a compelling cause...Our goal is not just to win, but to be worthy of winning.

“This is a great nation with a great mission…And so tonight, as the party of Lincoln, Reagan… we begin our campaign to restore the adventure of the American Dream… Only democracy has shown itself true to the hopes of humanity.

“Democratic capitalism is not just the hope of wealth, but the hope of justice. When we look into the face of poverty, we see pain, despair and need. But, above all, in every face, we must see the image of God. The Creator of All has planted the seed of creativity in us all, the desire within every child of God to work and build and improve our lot in life, and that of our families and those we love…And in our work, in the act of creating that is part of all labor, we discover that part within ourselves that is divine. I believe the ultimate imperative for growth and opportunity is to advance human dignity.

“Dr. Martin Luther King believed that we must see a sleeping hero in every soul. America must establish policies that summon those heroes and call forth the boundless potential of the human spirit. But our full potential will never be achieved by following leaders who call us to timid tasks and diminished dreams.

“Every generation faces a choice: hope or despair - to plan for scarcity or to embrace possibilities. Societies throughout history believed they had reached the frontiers of human accomplishment. But in every age, those who trusted the divine spark of imagination discovered that vastly greater horizons lay ahead…Americans do not accept limits; we transcend them. We do not settle; we succeed…

“To me, faith, family and freedom are the greatest gifts of God to humanity…

“Our friends in the other party say the economy is moving forward, and it is. But it is moving like a ship dragging an anchor, the anchor of high taxes, excessive regulation and big government…They say that is the best we can hope for. But that is because they have put their entire trust in government rather than people - a government that runs our lives, our businesses, our schools. You see, they don't believe in the unlimited possibilities that freedom brings.

“The Democratic Party today is not democratic. They're elitists - they don't have faith in the people. They have faith in government. That is why they raised taxes on the middle class. That is why they tried to nationalize our health-care system… That is the problem with all elitists, they think they know better than the people - but the truth is, there is a wisdom and intelligence in ordinary women and men far superior to the greatest so-called experts…

“Our first step will be to balance the budget…balancing the budget while cutting taxes is just a matter of presidential will. If you have it, you can do it…We're going to take the side of the worker, the saver, the family and the entrepreneur. The American people can use their money more wisely than can government. It's time they had more of a chance, and we will give them that chance…

“In the middle of a technological revolution that is transforming the world in which we live - how can it be that so many families find themselves struggling just to keep even, just to get by? As long as it takes two earners to do what one earner used to do, how can we say this economy is good enough?

“Our tax cut means that parents will have more time to spend with their children - and with each other. It means that a working parent can afford to take a job that lets them be home when the kids get back from school. It means that the struggling, single mother in the inner city will find it easier to work her way off welfare.

“And we cannot forget that single mother and her children. American society as a whole can never achieve the outer-reaches of potential, so long as it tolerates the inner-cities of despair.
Recently I read the account by a reporter of his conversation with a ten-year-old child at Henry Homer public housing in Chicago. As the reporter told it in his book "I asked (the boy) what he wanted to be. `If I grow up, I'd like to be a bus driver,' he told me. If, not when. At the age of ten, (he) wasn't sure he'd even make it to adulthood."

“Think how much poorer our nation is, deprived of that child's future and those like him. Think how much richer our nation will be when every child is able to grow up to reach his or her God-given potential. Including those who come to America from other countries. My friends, we are a nation of immigrants. The former president of Notre Dame University, Father Ted Hesburgh, said the reason we must close the backdoor of illegal immigration is so that we can keep open the front door of legal immigration -and keep the light of opportunity lifted beside the golden door.
Our goal is not just a more prosperous America but a better America. An America that recognizes the infinite worth of every individual and, like the Good Shepherd, leaves the ninety-nine to find the one lost lamb.

“An America that honors - in all its institutions - the values that mothers and fathers want to pass on to her children. An America that makes the ideal of equality a daily reality - equality of opportunity, equality in human dignity, equality before the laws of man as well as in the eyes of God. An America that transcends the boundaries between races with the revolutionary power of a simple, yet profound idea - love thy neighbor as thyself.

“We must remember all that is at stake in America's cultural renewal - not just the wealth of our nation but its meaning…Today, more than ever before, American ideals and ideas grip the imaginations of women and men in every corner of the globe. Isn't it exciting to think, it's 1776 all over the world…President Reagan spoke of America as a shining city on a hill, a light unto the nations. In decades past, so many of those who looked for our light did so from behind the walls and barbed wire of tyrannical regimes. Now, because the American people stood strong, those people are free.

“But freedom is never guaranteed - and our nation and its president must be strong enough to stand up for freedom against all who would challenge it. A world of peace. A world of hope. This is what America's economic and cultural renewal means at home and around the globe.
This is what our cause is all about…

“Thank you and God bless America.”

Wednesday, May 06, 2009

The Republican Wilderness

As the Republican Party enters the proverbial wilderness to re-brand itself, civil war is erupting within the party of Lincoln over which faction will dominate the brand. Since 1980, Republicans have basically consisted of a coalition, formed by Reagan, of fiscal conservatives and social conservatives. However, like two warring children, the leaders of these factions have always fought for ultimate control, asking “Who’s the real Republican?” Now, what’s the point of this re-branding? To win elections. The only reason the major parties exist is to accumulate and maintain power. So if the purpose of this re-brand is to win elections, then Republicans should honestly look at why President Obama won in 2008. Aside from the economy in the toilet, a never ending war, an unpopular President, and a Republican candidate who so confused his message, what qualities attracted voters to Obama in the first place?

Obama's Campaign Qualities/Issues:

1. Optimistic
2. Calm
3. Consistent
4. Tax cuts for 95%
5. Get deficits under control
6. More affordable health care
7. Create Environmentally Friendly jobs
8. Clean up corruption in Washington
9. Reduce the number of abortions

Now, one can argue whether Obama’s policies will achieve his campaign rhetoric, but these are nine major qualities/issues I associate with Obama’s campaign. Frankly, it is a fairly moderate to conservative list. A Republican or a Democrat could run on these issues and do well, one would think. But the problem facing Republicans is that many within the party want everything their way or they pout. An inability for some to compromise within reason on some issues will be the biggest test facing the future of the Republican Party. So what should the party do? I’ll try to lay out what I think would be a winning, conservative brand for the party in the next couple of posts by first turning to the words of one of my favorite politicians of all time – the late Jack Kemp.