Sotomayor as Liberal “Enforcer” on Supreme Court?

Adam Liptak writes today about the quick evolution of Sonia Sotomayor into the liberal bulwark on the Supreme Court. People forget that there was substantial concern on the left that Sotomayor would wind up more of a moderate; those fears may or may not be more likely ascribed to Elena Kagan. But Sotomayor has become what amounts to a liberal on a conservative Court.

Liptak looks in particular at a series of discretionary writings by Sotomayor referring to why the court declined to hear a particular case.

Justice Sotomayor wrote three of the opinions, more than any other justice, and all concerned the rights of criminal defendants or prisoners. The most telling one involved a Louisiana prisoner infected with H.I.V. No other justice chose to join it.

The prisoner, Anthony C. Pitre, had stopped taking his H.I.V. medicine to protest his transfer from one facility to another. Prison officials responded by forcing him to perform hard labor in 100-degree heat. That punishment twice sent Mr. Pitre to the emergency room.

The lower courts had no sympathy for Mr. Pitre’s complaints, saying he had brought his troubles on himself.

Justice Sotomayor saw things differently.

“Pitre’s decision to refuse medication may have been foolish and likely caused a significant part of his pain,” she wrote. “But that decision does not give prison officials license to exacerbate Pitre’s condition further as a means of punishing or coercing him — just as a prisoner’s disruptive conduct does not permit prison officials to punish the prisoner by handcuffing him to a hitching post.”

You’re at least seeing a recognition in her writing of that wrongly-derided concept of empathy; the ability for a judge to understand the circumstances of an individual and apply it to the underlying facts of a case. Liptak posits Sotomayor as the counterpoint to Justice Samuel Alito, with the two almost coming across as “enforcers” for the beliefs of their ideologically aligned colleagues.

Strip away the racial or gender politics of the selection. On the merits, the Sotomayor picked has worked out pretty well for the country, and unlike some other decisions this one will definitely outlast Obama’s Presidency by several decades.


David Dayen

Obama and Latino Punishment?

WASHINGTON – A day before the pivotal midterm elections, President Barack Obama pulled back from remarks he made last month when he called on Latino voters to punish their "enemies" on Election Day. In an interview Monday with radio host Michael Baisden, Obama said he should have used the word "opponents" instead of enemies.
Republicans were quick to criticize the president's remarks. House Minority Leader John Boehner was expected to use Obama's words in an election eve speech in Ohio to paint the president as a staunch partisan.
"Sadly, we have a president who uses the word 'enemy' for fellow Americans, fellow citizens. He used it for people who disagree with his agenda of bigger government," Boehner said, according to prepared remarks released in advance of his speech.
Obama's original comments came during an interview with Eddie "Piolin" Sotelo, a Hispanic radio personality. Piolin questioned how Obama could ask Latinos for their vote when many don't believe he's worked hard to pass comprehensive immigration reform.
Obama responded: "If Latinos sit out the election instead of saying, 'We're gonna punish our enemies and we're gonna reward our friends who stand with us on issues that are important to us,' if they don't see that kind of upsurge in voting in this election, then I think it's gonna be harder."
The president said Monday that the message he was trying to send was that voters need to support lawmakers who stand with them on the issue.
"Now the Republicans are saying that I'm calling them enemies," Obama said. "What I'm saying is you're an opponent of this particular provision, comprehensive immigration reform, which is something very different."
With Republicans poised to score sweeping victories in Tuesday's election, Obama has been imploring the Democratic base to vote in hopes of turning some close races in his party's favor.
Though Obama had no publicly announced campaign events on his schedule Monday and Tuesday, the president has been doing radio interviews targeting young people, African-Americans and voters in key states. He was also to hold a conference call Monday night with campaign volunteers in Florida, New Hampshire, New Mexico and Hawaii

Lou Dobbs, American Hypocrite

Racial predatory loans fueled U.S. housing crisis: study

Predatory lending aimed at racially segregated minority neighborhoods led to mass foreclosures that fueled the U.S. housing crisis, according to a new study published in the American Sociological Review.

Predatory lending typically refers to loans that carry unreasonable fees, interest rates and payment requirements.

Poorer minority areas became a focus of these practices in the 1990s with the growth of mortgage-backed securities, which enabled lenders to pool low- and high-risk loans to sell on the secondary market, Professor Douglas Massey of the Woodrow Wilson School of Public and International Affairs at Princeton University and PhD candidate Jacob Rugh, said in their study.

The financial institutions likely to be found in minority areas tended to be predatory -- pawn shops, payday lenders and check cashing services that "charge high fees and usurious rates of interest," they said in the study.

"By definition, segregation creates minority dominant neighborhoods, which, given the legacy of redlining and institutional discrimination, continue to be underserved by mainstream financial institutions," the study says.

Redlining is the practice of denying or increasing the cost of services, such as banking and insurance, to residents in specific areas, often based on race.

The U.S. economy is still struggling with the effects of its longest recession since the 1930s, which was triggered in large part by the housing crisis, which was in part triggered by the crash of the subprime loan market.

Subprime lending refers to loans made to consumers with poor credit and others considered higher risk. They tend to have a higher interest rate than traditional loans.

The study, which used data from the 100 largest U.S. metropolitan areas, found that living in a predominantly African-American area, and to a lesser extent Hispanic area, were "powerful predictors of foreclosures" in the nation.

Even African-Americans with similar credit profiles and down-payment ratios to white borrowers were more likely to receive subprime loans, according to the study.

"As a result, from 1993 to 2000, the share of subprime mortgages going to households in minority neighborhoods rose from 2 to 18 percent," Massey and Rugh said.

They said the U.S. Civil Rights Act should be amended to create mechanisms that would uncover discrimination and penalize those who discriminated against minority borrowers.

The study is published in the October issue of the journal.
(Editing by Paul Simao)

Jan Brewer at Her Best

Can we get Mexican immigrants to teach her English? Larry, Barry and Terry, please help!

Glen Beck and Sara Palin "Reclaiming" Civil Rights Movement in Washington, DC, March?

OPEN LETTER TO GLEN BECK AND SARA PALIN

You can't have a march to tell the government to leave citizens alone when Dr. Martin Luther King Jr's. prerogative was to demand that government live up to its democratic ideals and treat everyone equally. You are having an anti-government march with a bevy of supporters who are sleepwalking through history. Your lack of imagination and historical memory may be masked in ideology but you either fail to remember, can not do so, or find it expedient to lie to yourselves and others for the sake of political gain. And that is the most "un-American" position imaginable.

Candidate for New York State Assemblyman Luis Sepúlveda Can't Say if He's for Marriage Equality

Candidate for New York State Assemblyman Luis Sepúlveda Can't Say if He's for Marriage equality