In Hayden v. Pataki, a number of inmates in New York state filed suit claiming that because blacks and Latinos make up a disproportionate share of the prison population, the state's refusal to allow them ballot access amounts to an unlawful, race-based denial of their right to vote. Eight of 13 judges on the liberal-leaning Second Circuit dismissed their arguments, and the 11th Circuit Court of Appeals ruled likewise in a similar case.
Yet, operating on a dubious and extremely broad reading of the Voting Rights Act, Ms. Sotomayor dissented from the decision. In a remarkably dismissive, four-paragraph opinion, she alleged that the "plain terms" of the Voting Rights Act would allow such race-based claims to go forward.
She does seem to show a predilection for such race-based claims, doesn't she? The only problem is the plain wording of the 14th Amendment as Jose Cabranes argued in the majority opinion.
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This is in accord with her approach to the New Haven firefighters case where she seemed to buy the argument that the fact that no African American passed the promotion test was de facto evidence that the test was biased. As Stuart Taylor wrote she is from the school that looks at disparate impact as the sole evidence we need for detecting discrimination.
Tom Goldstein at SCOTUSBlog has looked at Sotomayor's record on discrimination claims and come to a different opinion.
I am not thrilled with the Sotomayor nomination (who on the political right is?) but at the moment I am not seeing where she is any worse than Souter. The "wise latina" quote is troubling especially given that it was a prepared remark but I think that is a slim reed to hang a claim of racial bigotry on. I am actually more concerned by the embellishment of her early personal life, but I am not sure who was responsible for that - her, the administration, or the press - if it is her then it indicates a fundamental dishonesty that should see her disqualified.
Patterico - L.A. Times Sends Embarrassing Quote Down the Memory Hole - They got caught misrepresenting something John Cornyn said and now they don't want to fess up. Unlike "1984" however it is legal for citizen's to keep archive copies of newspapers and Patterico used his to call them on it.
Support Your Local Gunfighter - Saudis Behead, Crucify Molester/Murderer - Took a while but I finally found something cheerful this morning. I have to admit that today's Dilbert made me smile too.
Other Stuff:
Not talking about the Tiller murder here other than to say it was wrong. More discussion just detracts from that.
Al-Jazeera - Iraqi Kurds begin oil exports - Iraq's semi-autonomous Kurdish region has begun exporting oil to international markets for the first time, despite disagreements with Iraq's central government.
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Baghdad has for months called the Kurdish move to export oil illegal because the deal was struck independently of the central government.
But Al Jazeera's correspondent Hoda Abdel Hamid said the government has now"quietly given the Kurds the green light for these oil exports", essentially because it needs the money the commodity will bring.
Billings Gazette - Co-ops worry about costs of cap-and-trade approach - Worried about rising utility costs, Montana's electric cooperatives are nervously watching congressional work on climate change laws.
Cooperatives serve roughly 250,000 Montana homes and businesses and rely on coal power, which they fear will become extremely expensive under proposed greenhouse gas caps and pay-to-pollute policies.
Elections have consequences dummies
CNN - GOP lawmakers: Sotomayor filibuster unlikely - WASHINGTON (CNN) -- Leading Senate Republicans indicated Sunday that a filibuster on Sonia Sotomayor's nomination to the U.S. Supreme Court is unlikely, though they also promised not to shy away from what they characterized as a troubling judicial record.
That's the right approach if you ask me
DAWN- US drone strikes hit ‘high-value’ Al-Qaeda targets - WASHINGTON: US missiles from unmanned drones have eliminated about half of 20 'high-value' Al-Qaeda and other extremist targets along Pakistan's border with Afghanistan, The Washington Post reported Monday.
There is also a ton of news on the offensive against that Taliban, too much to link here. Hit the mainpage
Yahoo - Data fuel recovery hopes - BEIJING/LONDON (Reuters) – Manufacturing from China to Europe is showing signs of improvement, suggesting the global economy may be over the worst of a recession despite U.S. carmaker General Motors filing for bankruptcy protection.
Washington Post - 46 States, D.C. Plan to Draft Common Education Standards - The push for common reading and math standards marks a turning point in a movement to judge U.S. children using one yardstick that reflects expectations set for students in countries around the world at a time of global competition. Today, each state decides what to teach in third-grade reading, fifth-grade math and every other class. Critics think some set a bar so that students can pass tests but, ultimately, are ill-prepared.
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The nearly complete support of governors for the effort -- leaders in Texas, Alaska, Missouri and South Carolina are the only ones that have not signed on -- is key. Many Republicans oppose nationally mandated standards, saying schools should not be controlled by Washington. But there is broad support for a voluntary effort that bubbles up from the states.
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The governors and schools chiefs have set an ambitious agenda. By July, groups of experts already at work are expected to unveil "readiness standards" for high school graduates in reading and math, Wilhoit said. Then, with each grade considered a steppingstone toward that goal, they will set out the skills students must master each year to stay on track.
It's about time
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