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News & ArtsTuesday, October 6, 2009
News Sotomayor's First Day
Posted by Christopher Frizzelle on Tue, Oct 6, 2009 at 1:29 PM
How'd she do yesterday? As Huffington Post puts it:
Sotomayor Asks More Questions In An Hour Than Thomas Has In Years
2
Which indicates what, exactly?
Before the inevitable "Oh but Thomas is so dumb he's a Scalia puppet LOL!" comments: do some basic research. First, Thomas and Scalia agree less frequently than other Justice-pairs such as Roberts/Alito or Stevens/Souter. (See Scotusblog Statpack.) Second, it's well known among people who actually pay attention to the court beyond the headlines that Thomas generally influences Scalia, rather than the other way around. (See Jan Greenburg's discussion of this topic) Third, the reason why Thomas doesn't speak at oral arguments is because he believes the cases can be decided by reference to the law, the court's previous decisions, and the briefs. He regards oral arguments as merely a place for counsel and Justices to bicker about the details.
I have my own disagreements with Thomas, but it gets rather tiring to hear people who have no idea what they're talking about parrot the pseudo-racist nonsense about how Thomas is dumb or unqualified because he doesn't speak at oral arguments or frequently votes with Scalia.
Before the inevitable "Oh but Thomas is so dumb he's a Scalia puppet LOL!" comments: do some basic research. First, Thomas and Scalia agree less frequently than other Justice-pairs such as Roberts/Alito or Stevens/Souter. (See Scotusblog Statpack.) Second, it's well known among people who actually pay attention to the court beyond the headlines that Thomas generally influences Scalia, rather than the other way around. (See Jan Greenburg's discussion of this topic) Third, the reason why Thomas doesn't speak at oral arguments is because he believes the cases can be decided by reference to the law, the court's previous decisions, and the briefs. He regards oral arguments as merely a place for counsel and Justices to bicker about the details.
I have my own disagreements with Thomas, but it gets rather tiring to hear people who have no idea what they're talking about parrot the pseudo-racist nonsense about how Thomas is dumb or unqualified because he doesn't speak at oral arguments or frequently votes with Scalia.
3
That's just because Thomas is smart enough to figure out everything he needs without asking questions!
4
That's a pretty low bar.
I mean, if it wasn't for his daily orders from a certain dark-haired justice, Thomas wouldn't know how to tie his shoes.
I mean, if it wasn't for his daily orders from a certain dark-haired justice, Thomas wouldn't know how to tie his shoes.
5
@2, I agree with you that most of the criticisms of Thomas are weak, but I do find that his approach to lack any intellectual curiosity, I know that in theory all he need do is apply the constitution, stare decisis, and the briefs to the case at hand, and that oral arguments have very little bearing on the outcome of any case.
But, it just seems that his approach is so formulaic as to destroy any admiration or respect for him. I guess I just have higher expectations from the justices. In addition, from what I've read, he is a sad man, I mean he is against affirmative action, when it is very clear from his history that he greatly benefited from it. The only reason he was nominated for the position was that they needed a black justice to replace Marshall and he was the only black judge who the Republicans could stomach.
I guess in some weird way he himself is a great argument against affirmative action.
But, it just seems that his approach is so formulaic as to destroy any admiration or respect for him. I guess I just have higher expectations from the justices. In addition, from what I've read, he is a sad man, I mean he is against affirmative action, when it is very clear from his history that he greatly benefited from it. The only reason he was nominated for the position was that they needed a black justice to replace Marshall and he was the only black judge who the Republicans could stomach.
I guess in some weird way he himself is a great argument against affirmative action.
6
Gripe all you want.
Thomas fulfills the hopes of the President who appointed him as well as any justice in history.
We on the Right got no complaints, and relish your bitchin and whinin.
He'll be there for a long time.
The pure joy of it is that the 'black' seat is held by such a conservative.
It's what they call 'ironic'.
Thomas fulfills the hopes of the President who appointed him as well as any justice in history.
We on the Right got no complaints, and relish your bitchin and whinin.
He'll be there for a long time.
The pure joy of it is that the 'black' seat is held by such a conservative.
It's what they call 'ironic'.
9
@5: he was a justice for ONE YEAR prior to nomination to the Supreme Court. prior to that he ran EEOC for Reagan/Bush.
that Marshall's seat was considered a "Black Seat" by the Bush the Smarter White House (& @6) shows you that the GOP cannot understand what their race problem is.
that Marshall's seat was considered a "Black Seat" by the Bush the Smarter White House (& @6) shows you that the GOP cannot understand what their race problem is.
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