Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Saturday, September 29, 2018

And Justice for All


 Part I of "As the Stomach Turns"

The issue that was under review in the Judiciary Committee really wasn’t about whether Dr. Blasy-Ford or Judge Kavanaugh is telling the truth. Without an investigation ANY accusation is reduced to he said, she said. We have been exposed to an accusation but with no evidence upon which to attach a TRUTH placard. Which one of the two you choose to believe comes down to which one rings true to you, which one do you want to believe, and which one did a better job of being credible and likable.

Those who watched the hearing did not see two people laying out evidence to substantiate their case. What we saw was how our government has been distorted and deformed, to the point where it is no longer a reflection of the lofty ideals that gave birth to our nation.

Both sides of the aisle are guilty of dismantling of our democracy. The left is fond of blaming all dystopian functions of government on the current administration. But it appears that this inexperienced, ill-prepared president is particularly guilty of being unwilling, unable or uninterested in playing the traditional game and in eschewing that role he has left the torpid winds of underhanded politics and politicians to wreak their damage, unchecked and even lauded and applauded.  The fury of the storm has stripped away the pretense that we have elected officials collaborating with each other for the benefit of their constituents.  With a leader who disdains civility and diplomacy and whose behavior garners applause and wild demonstrations of support the entire political scenario has shifted more dramatically toward disruption and destruction. But it is not just HIS disruption and destruction. It is his willingness to abandon the pretense that has laid bare the baser qualities of the American psyche, spreading the contagion that threatens our national health. That diseased body was on full display at the hearings and those who went beyond watching and actually SAW the performance should be dismayed.

Traditionally, under our Constitution, a person is innocent until proven guilty.  Prosecutors are charged with obtaining evidence of culpability and defenders with refuting the evidence and/or obtaining evidence to the contrary.  Dr. Blasy-Ford was correct in her request for an investigation. Evidence to support her claim can only be obtained by a professional investigation. It was embarrassing to witness a room full of seasoned lawyers (members of the Judiciary Committee no less) equating signed statements “under penalty of felony” to an investigation by the FBI. Riveting and painful as her testimony was it only presented a credible reason for the need of an investigation.  It did not present verifiable, substantiating evidence to support the accusation.

Judge Kavanaugh’s testimony presented two powerful pieces of evidence, each contradicting the other. On the one hand his uncanny ability to refer to calendars dating to the time in question seemed to present exculpatory evidence. But the veracity of the information in the calendar must be established through an investigation; the calendars mean nothing at face value. The second piece of evidence was his anger and partisan accusations of conspiratorial goals; not entirely without merit.  The final stages of the Judiciary Committee’s hearing were most certainly manipulated to cause as much delay as possible, with the obvious objective of maximizing the potential to have the final confirmation vote fall after the midterm elections. But his arrogant display of anger and disdain for the Senators also gave credence to the accusations of his sense of entitlement and the ease with which he sinks into bullying. Most telling was his repeated response to questions about possible alcohol abuse. He consistently responded with a recitation of his academic and athletic achievements. Aside from being a non-sequitur his response insinuates a belief that the sacrifice of hard work and success is justifiably rewarded with alcohol consumption, leaving the issue of its possible abuse as a shadowy appendage to the question, not worth answering. He never, categorically, stated that he had not had periods of blackout, failure to remember his actions while drinking or bouts of belligerence while under the influence of alcohol. Instead, in one instance he arrogantly turned the question around to the questioner.
The Republican entourage of lawyers and lawmakers bent on not letting the delay tactics of the Democrats achieve their intended goal decided it was better to torpedo justice than to risk the possibility of losing the chance to fill the Supreme Court seat with Judge Kavanaugh. The Democrats bet democracy against the lives and reputation of two people and lost everything. 

Our nation, held aloft on the righteous columns of “justice for all”, demonstrated to the American people that we can no longer aspire to that promise. We the people have elected representatives to Congress, within both parties, who do not defend the constitution, who do not pursue justice, who do not revere the uniqueness of the government structure set in place by intellectual giants. They created a functioning system created to thwart monarchical tendencies, to limit the abuses of privilege and defeat injustice. Years of malfeasance have undone their carefully crafted and robust system, injecting and infecting it with a fragility that threatens to leave us with nothing to pledge allegiance to. The most recent victim is Dr. Blasy-Ford, but this time the perpetrator is not Judge Kavanaugh; it is the collective. We the people are rewarding the manipulators and the pretenders. It is not they who are as naked as the emperor, but we! We have been stripped of a functioning government, we have been fed a crock of lies and we have gleefully complimented the chef and asked for seconds.


Friday, May 29, 2009

What did the Wise Latina Woman REALLY say?

I am a self described Liberal at odds with many broad brush definitions thrust on those of us who relish freedom of thought. The exercise of the right to judge the evidence at hand and reach an independent conclusion is what I consider the primary ingredient in being Liberal. The conclusion reached may be more or less liberal than conservatives like to paint those they oppose, but it is the process of reaching independent conclusions which makes one Liberal.

When the press started harping on President Obama’s recent nominee to the Supreme Court Sonia Sotomayor’s quote “Second, 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” I was concerned. I did not like that quote. It does sound like reverse racism and I have to agree with Newt Gingrich (the fact that I can agree with him on anything makes my stomach turn) that new racism is just as unacceptable as old racism. But since I wish to consider myself a wise Latina woman I researched the origin of that quote. The speech was delivered at the Berkeley La Raza Law Journal's Twelfth Annual Symposium on October 26, 2001. The purpose of the speech was to address the effect of ethnic and gender bias in the application of law and the rendering of judgements.


Sonia Sotomayor’s entire speech is available at http://www.law.berkeley.edu/4982.htm so all who are interested in exercising their freedom to reach independent conclusions are free to go there and read the quote in context. And, granted, had she use the term “different” rather than “better” we probably would not be having this controversy. But, in summary she was basically saying that one’s life experience will and should shape the manner in which one acts and reacts to stimulus. It is part of the human reality. She uses the analogy of how we react to ethnic food…to a Puerto Rican eating blood sausage is normal and delicious. To that wise old white man it may well be the cause of retching and turned up noses. More importantly, her position on HOW one uses life’s experience to wield the power that judging affords is much more significant than what the media has chosen to focus on.
“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. I also hope that by raising the question today of what difference having more Latinos and Latinas on the bench will make will start your own evaluation. For people of color and women lawyers, what does and should being an ethnic minority mean in your lawyering? For men lawyers, what areas in your experiences and attitudes do you need to work on to make you capable of reaching those great moments of enlightenment which other men in different circumstances have been able to reach? For all of us, how do you change the fact that in every task force study of gender and race bias in the courts, women and people of color, lawyers and judges alike report in significantly higher percentages than white men that their gender and race have shaped their careers; from hiring, retention and to promotion and that a statistically significant number of women and minority lawyers and judges, both alike, have experienced bias in the courtroom? ”*
Wordier too. Apparently it is more important to have brief sound bites than accurate ones.



*The text which appears at the provided link appears to have typographical errors which I have attempted to correct in a manner concordant with my "life experience and gender bias" .
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