Thursday, January 12




Goodwin Liu & Laurence Tribe: The super flies in Alito's ointment

Having listened closely to 90% of his testimony, I grappled with exactly what I sensed was skewed with the judicial disposition of Supreme Court nominee Samuel Alito. As of yesterday evening, I grappled no more. For along came the smooth but very fierce Goodwin Liu, assistant professor of law at UC-Berkeley, to articulate Mack Daddy-style what I'd been sensing.
Super fly #1 in the ointment of Judge Samuel Alito is Professor Goodwin Liu
Naive me: I'd concluded that Judge Alito -- in an attempt to be incredibly well reasoned -- simply plays it so by the book that plain ol' common sense sometimes flies out the window.

However Professor Liu, a former clerk to Justice Ruth Bader Ginsberg, described Alito this way:

... Every case is different, and I'm sure Judge Alito got it right many times. But let me give three examples that show his instinct, I think, to defer to government power...

Instinct being the operative word. This New York Times article reprints Prof. Liu's opening statement from his testimony before the judicial committee. What I found most explosive was Liu's recounting Alito having sided with law enforcers killing an eight-year-old purse snatcher who ran from the authorities -- was not at all confrontational or a threat. Alito, he said, came down in support of the killing of this unarmed, African American child. Why? Because to have done otherwise would have set a precedent that could trigger coast to coast the overturn of past rulings on killing crime suspects who were unarmed and nonconfrontational. Whoa...

Prof. Liu seemed to have ticked off the Republicans by challenging Alito's civil rights record. After all, two African American lawyers testified yesterday, both saying they viewed Alito as having high integrity and admirably following the letter of the law. Which does not mean all that they intended it to. To me, their support of Alito could simply mean the man is well-mannered and collegial. Which has nothing to do with a penchant to move stealthily betwixt and between some of our shaky laws, depending on his agenda.

Picking up this morning where Liu left off was Harvard Law rock star Laurence Tribe. Considered one of the foremost authorities on Constitutional law, Prof. Tribe urged the committee not to cast their Alito votes as if in a Kubric movie: with "eyes wide shut." Tribe told the senators exactly how Alito had side-stepped their questions on abortion rights and executive power. He told them all the legal loop holes that Alito knows about, but certainly didn't mention in his testimony. Stuff the rest of us -- layman and senators alike -- would be too, umm, legally challenged to catch.

If the very fierce Prof. Liu ticked off the Republicans, I think the positively brilliant Prof. Tribe shook them the hell up. (snap!)

Professor Tribe told the senators precisely how Alito could help the high court usurp their power, giving a president a blank check to nullify their egotistical voices -- Republican and Democrat alike...

Now I imagine Senator Arlen Specter & Co. dig Bush and Cheyney, but they've got to be a little worried about this new Supreme Court possibly bending them over to become their butt boys. Alito's fuzziness on the checks and balance piece and executive power ought to give them all pause.

I could be wrong, but I sensed some of the Republicans looking a little like doe caught in the headlights of a Mac truck once Laurence Tribe spoke. They'll all vote yea for Alito, no doubt. But I seriously doubt all of these votes will be cast with 100% confidence, thanks to Tribe's call on congressional conquest.

I'll blog more on the Alito hearings later today. But if you want more right now, click here:



Clicks to Miles Davis catalog, but explore as you like

15 Comments:

Anonymous keithpullingteeth said...

Alito has been a done deal since the giddy-up. We Black peeps can set our clocks back now to the 1960s. Ladies, get ready to be butchered by the back alley abortionists. And if you a rapper slinging something other than your dick, you gone be watched and dealt with like you Al Quadea.

10:19 AM  
Blogger Naro% said...

Cats need to learn about the Judical branch (especially since we end up so often in their presence). Good lookin out ViQi!!!

11:47 AM  
Blogger Viqi French said...

keith,

agree 100%. it's hard to tell exactly what this dude's issue is, but he clearly is no friend of yours, mine, or ours.

11:57 AM  
Blogger Viqi French said...

hey naro%!

you are so right about "cats" needing to pay more attention to the judicial. we all know we're disproportionately messed with, so need to wake the heck up.

one of the bigger deals that people take issue with Alito about is that he was cool with a strip search of a 10-year-old Black girl who was in the house with some suspected dealer relatives. po-po did NOT have a search warrant for the child, yet they had a lady officer to ramble thru this child's underwear, looking for drugs!

Alito sided with law enforcement on this heinous action, despite the mental scars this surely caused the child. he considered it more important to search this child's body, looking for drugs. all without a WARRANT for the little girl, mind you.

however, Alito was outraged that a wealthy woman was searched in her home.

something is very wrong -- very murky -- with his sense of fair play and equal treatment.

12:11 PM  
Anonymous UDAMAN said...

Judge Alito will be a reassuring counter-point to the dangerous yaw to the left that Ruth Bader Ginsberg and David Souter have given to the Supreme Court.

Ginsberg, the ex-chief counsel of the radically leftist {communist)ACLU once commented that "abortion was a right." Of course there is no evidence that deaths of women due to abortion have decreased since ROE vs WADE.

In fact it is quite the opposite:

"The fact is, there were NOT thousands of deaths prior to Roe vs. Wade. In 1972, the year before Roe, only 39 abortion related deaths were reported (by emergency rooms and morgues) to the Centers for Disease Control.

With the advent of ‘Safe & Legal’ abortions, you’d think the death rate would drop to zero. Quite the opposite is true. In 1975, two years after Roe, the CDC stated that as many as seven times more deaths were caused by legal abortions than illegal ones. According to the American Rights Coalition, over 200 women are dying every year from botched abortions."

link http://www.linda.net/unsafe.html

The mantra over rape and incest is another gross misrepresentation:

"According to Planned Parenthood's own research arm, about 13,000 abortions each year are attributed to rape and incest—representing a mere 1 percent of all abortions (Guttmacher Institute, 2001). Even smaller numbers represent cases where abortion was indicated to save the mother's life, despite the fact that saving the mother has served as a pillar for apologists of unfettered abortion rights."

link http://www.leaderu.com/focus/30yearsroevwade.html


The strip-search of a 10 year old female mule for a drug dealing family by a female officer of the law would provide prima facie evidence to immediately remand that child into the care of the State and would remove her from further exploitation...of all kinds.

Closet Liberal Supreme Court Justice David Souter who employs decisions from foreign courts to decide American cases also was the deciding factor in the case of "imminent domain". I suppose we can thank this thoughtful liberal for the many cases popping up over this country wherein mom and pop are losing their homes to local government and land developers. Wonder if those folks in N'awleans who are getting their homes bulldozed know where to write Souter to thank him?


At the end of the day, the left's medicine for black america is a toxic stew of moral relativism, multiple excuses and a lack personal responsibility.

so nice...I had to post this twice!


UDAMAN
1/13/06

1:03 PM  
Blogger Viqi French said...

uda, who sent you? you're acting like the (kkk) spook who sat by the (blogosphere) door.

again, take off that sheet and stop the cross-burning. and for pete's sake, put the neo-con kool-aid DOWN.

nancy reagan would tell you to "just say no". i'd just say stop drinking that neo-con poison. like speed, it kills.

be careful, and have a safe weekend... ;-)

3:00 PM  
Blogger Naro% said...

This is why I dont even get down in the political/economic arena. Yes we do need a voice but everytime you drop a point you got asswipes talkin bout liberal this and conservative that like there is a big ass difference! You wanna talk justice then talk justice for all, this cat is no different than any of the rest of the people on the panel. They serve the people who appoint them plain and simple...

"At the end of the day, the left's medicine for black america is a toxic stew of moral relativism, multiple excuses and a lack personal responsibility."
UDAMAN

Right left or whatever this entire "SYSTEM" was based upon certain points that "we (black people)" (no matter your political affiliaton) were not privy to. So no matter what amendments are made you are still basing them off of a system which never included all of it's constituents as "men". No reboot in the world is going to fix that...

what i do find funny though is how conservatives run shit, then try to act like they are in danger of losing all their cookies! A few concessions over the last 100 years and you still run the world, and can rationalize any and every thing that you do! Thats one hell of an acomplishment...

4:17 PM  
Anonymous UDAMAN said...

viqi:

I desperately need your help. I read your reply at least five times for comprehension, three times for style and I still couldn't make

sense of it. So I tried extracting the "codewords" from it and linking them together like this:

"kkksppooksheetcrossburningneoconkoolaidreaganneoconpoisonspeedkills" and then I read it over and over again for maximal effect...

still no luck!!!

Ya think you can help a brutha out?

UDAMAN
1/13/06

7:39 PM  
Anonymous UDAMAN said...

naro%

naro...if you see your cup as half-empty then it is...half-empty...

...and no amount of reparations can fill the dark pit of a hungry soul perturbed by a sense of perpetual disenfranchisment from the American Dream...

So...you have two choices: see yourself through the nihilistic prism of SOCIALISM (ie. victimization and entitlement) or through the promises available to those who are willing to participate in the Democratic process in a free enterprise society...

At the end of the day its all up to you...and NOT up to "da white man"....


UDAMAN
1/13/06

8:11 PM  
Blogger Viqi French said...

uda,

i really think you've reacted to something that naro% didn't exactly write... naro didn't at all say that he/blacks were downtrodden victims -- rather, that whites are acting as such nowadays.

naro first simply acknowledged some undisputable facts, which i interpret this way: it is a fact that none of the founding fathers were black. it is a fact that there's been lots of blood shed over basic rights here for blacks. and it's a fact that there are still court cases today where it is agreed that inequities exist in the workplace, in communities, etc. naro didn't imagine these things, they just "are."

he seems to have raised those facts to layout his major point:
it's nuts that despite so much factual, historic ownership of all of these american chips -- and with the laws of the lands clearly still not effectively flattening the field of opportunities for non-blacks -- some WHITES act as if THEY are so horribly victimized. some WHITES now see THEIR well of opportunity as "half-empty."

so really, it was YOU who first raised the topic of half-empty black victimization, when you used the word "medicine" and the term "toxic stew." YOU used these words in reference to BLACKS, about how the liberal left (a la Souter?) hipocritically deals with the "sickly victim" blacks.

so you got lost in your own argument, then tried to pin it on naro! lol you flip-flopped. you're as confused as al gore!! lol

9:50 AM  
Blogger Naro% said...

This comment has been removed by a blog administrator.

10:23 AM  
Blogger Naro% said...

UDA
First of I dont need a hand out I could care less about reparations.
I was talking about a system we have never been a part of...

Right left or whatever this entire "SYSTEM" was based upon certain points that "we (black people)" (no matter your political affiliaton) were not privy to.

I didt see any black folks making policy back in 1776. And socialism hasnt worked anywhere that it has been attempted (at leats in its co-capitalist forms)IE. France, South America, Africa(If you wanna call any attempt at gov. over there a non-dictatorship).

I see my cup as over flowing thats why I make the observations that I do. "nihilistic" (I like that one! gonna use it in SBUX for my usual rant over my mocha) sentiments are exactly what the "WHITE MAN" wants, naw thats to easy...
I'm talking about a new system and that requires way over 100% effort, I am talking about every spectrum getting together and doing something for ourselves by ourselves. Thats not a hand out, thats not whining, thats about control. Control from the start and we can make amendments as the time comes... We need our own voice, and I am tired of us (black people) being used as political proxies to sway dense urban centers (IE. Wisconsin). I am cool with conservatives I am cool with liberals as long as you dont tie it (the definition of the term)into THIS SYSTEM and all the BS that we all seem to forget about that got us to where we are today. (at war, about to be usurped by asia as the economic world leader, and still not able to come to terms with social issues that have been with this country since the begining). WE need to be cognizent of the need to carry our selves and not expect others to do it for us, you can be liberal or conservative (it really just comes down to where you shop anyways) just do it from a platform that includes YOU in its foundation, and not as KEY ISSUE to sway mass opinion. We (black people)have enough leaders across the spectrum to form our own voice "KEEP IT IN THE FAMILY" is all I'm saying. We need all of our viewpoints to make this work... I like clean air, but I dont like abortions, but I do like a womans right to choose, Quotas suck, I love My BIG FAT ASS GASGUZZLIN SUV, I am against gun control, but I dont like Capital Punisment. We need all of this and a whole lot more if we wanna do our own stuff! So bring it on just dont bring "DA WHITE MANS SYSTEM" with you, MAKE YOUR OWN!
This is going to take an EPIC COLLECTIVE Thrust, hell I'm down with democracy(capitalism) I like money! We just need to create our own monopoly board...
ALL SPECTRUMS WELCOME

A prism reflects light on many different wavelengths depending upon the manipulation, focus and intent, of what it is you are trying to illuminate. The funny thing is the visible spectrum is only about.30 micrometers. My point is while it may seem that you are a part of the system, there are many areas of "Democracy" that we have not seen. The visible spectrum (Blue Green Red)is the smallest part when it comes to viewing the effects of radiation, and even more it is only a reflection. So if the reflection of Democracy has us so divided, what about the Near UV spectrum, or Short Wave, Midwave, and Longwave IR (Infa Red) the stuff we cant see, but its there?

11:07 AM  
Anonymous UDAMAN said...

well...I see it took two of you this time to make twice the nonsense you were posting before...lol


UDAMAN
1/13/06

5:19 PM  
Blogger Naro% said...

Typical cop out.
UDA

Peace...

7:26 PM  
Blogger Viqi French said...

agree: 100% cop out. for a man of sooo many words, the best that uda could do was -- in one lowly sentence -- admit he's been defeated. not by just one of us, but two.

ahhhhh... love the smell of napalm. and who's the victim in this war of words? da man called "uda."

3:15 AM  

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