The Washington Post’s Saturday story on the approaching Sonia Sotomayor confirmation hearings tried to suggest that conservative allegations that the New York appeals judge is a liberal activist who rules with her feelings have been crushed.
The trio of reporters Robert Barnes, Michael Shear, and Perry Bacon cited "one recent study" that readers might suppose is nonpartisan – but the cited study came from a very liberal, pro-Sotomayor source, the Brennan Center for Justice at New York University -- a think tank named after liberals' favorite activist justice. Here’s where that study emerged:
The White House and Sotomayor's supporters in the Senate and elsewhere say charges that she has let her feelings influence her rulings has not registered with the public in an environment roiled by the still-faltering economy and a showdown on health-care reform.
The allegation has also been refuted by a series of studies that show Sotomayor's decisions in 17 years as a district judge and on the U.S. Court of Appeals for the 2nd Circuit fit comfortably in the mainstream, if on the liberal edge of it. One recent study said that on matters of constitutional interpretation, she has sided with the majority 98 percent of the time.
The Brennan Center is best known as a fighter for squelching free speech, or as they call it, "campaign finance reform." At least The New York Times cited the actual source and its liberal leanings on its blog The Caucus:
Less than a week before Judge Sonia Sotomayor’s Supreme Court confirmation hearing is set to open, a liberal-leaning legal center is preparing to inject into the fray a sweeping new empirical study of her constitutional rulings.
The Brennan Center for Justice at New York University law school is completing an analysis of nearly 1,200 rulings by the United States Court of Appeals for the Second Circuit that raised constitutional issues during Judge Sotomayor’s years on the bench....
The draft report shows that Judge Sotomayor voted with the majority in 98.2 percent of the 217 constitutional cases in which she participated, dissenting only four times. Moreover, 94 percent of those rulings were unanimous decisions.
It's also not surprising that National Public Radio, the partisan source of Anita Hill's unsubstantiated sexual harassment allegations against Clarence Thomas in 1991, are spinning away with the Brennan Center and other liberal claims on their blog The Two-Way.
—Tim Graham is Director of Media Analysis at the Media Research Center.




















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tweeking what Palin says
July 11, 2009 - 17:21 ET by kangarootweeking what Palin says "Even a dead fish floats in mainstream"
I expect nothing less from
July 11, 2009 - 17:26 ET by bigtimerI expect nothing less from WaPo...and all of their ilk for that matter, can't you already hear the spin with the majority of the msm come Monday...and from there on.
It will be mind-numbing.
Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart
Gosh, Tim, why are you
July 11, 2009 - 17:30 ET by motherbeltGosh, Tim, why are you surprised?
You should know by now that everyone in Obama's administration, and all his appointees are, like the President himself, Centrist, Moderate, Mainstream.
That's their story and they're stickin' to it.
There are only two types of ideology in this country....the "normal," (liberals), and right-wing extremists.
I didn't think it was physically possible, but this both sucks and blows. -Bart Simpson
When has the Washington
July 11, 2009 - 17:38 ET by Chris NormanWhen has the Washington Post, or any of their ilk, ever trotted out a study from a conservative think tank or group, like the Heritage Foundation, to prove that a conservative nominee for anything was actually "mainstream"? Heck, they'd be too busy trying to prove that the conservative nominee was "dangerously radical" and a threat to women, children, minorities, and the poor everywhere.
The "Mainstream" Media: By liberals. For liberals.
Chris...
July 11, 2009 - 17:39 ET by bigtimer...may as well throw in a threat to every breath you take.
Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart
Here is another case of
July 11, 2009 - 18:22 ET by motherbeltHere is another case of Judge Sotomayor's Selective Empathy
A 17-year-old was convicted of rape and murder, despite negative DNA tests.
(emphasis added)
Despite Deskovic serving 10
years in prison, Sotomayor refused to hear two of his valid appeals.
These appeals were based on DNA evidence and coerced testimony. A
county clerk gave his attorney inaccurate information and his attorney
filed the appeal petition four days late. The court refused to hear
this appeal, so the lawyer appealed the decision before Sotomayor’s
court, arguing that the error was the fault of the clerk; therefore,
the case ought to be heard given Deskovic’s innocence. Sotomayor ruled
against hearing Deskovic’s appeal, effectively sentencing an innocent
man to six more years in prison for a crime he did not commit.
Where was the vaunted Sotomayor empathy?????
I didn't think it was physically possible, but this both sucks and blows. -Bart Simpson
OMG....if this situation
July 11, 2009 - 18:30 ET by bigtimerOMG....if this situation were reversed party wise just this case alone would be all over the place 24/7 in the msm.
Excellent find mb....makes ones hair on fire...wonder if this will be brought up Monday...hope so.
Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart
Or....
July 12, 2009 - 08:25 ET by Seabeach4348See what the "wise Latina's" decision would have been had the wrongly-convicted been a minority.
Conflicting studies offered by WaPo
July 11, 2009 - 19:33 ET by acumenSo WaPo reporters Barnes, Shear and Bacon cite "one recent study" (Brennan Center) which completely contradicts the WaPo's own in-house analysis as reported by WaPo reporter Jerry Markon just two days before?
From the WaPo in-house study -
"Sotomayor's votes came out liberal 59 percent of the time, compared with 52 percent for other judges who, like her, were appointed by Democratic presidents. Democratic appointees overall were 13 percent more liberal than Republican appointees, according to the database analysis."
Yet the Brennan Center study states;["Sotomayor] fit comfortably in the mainstream, if on the liberal edge of it." ?!?
Why the discrepancy?
Turns out the WaPo in-house analysis "reviewed all 46 of her [Sotamayor] cases in which the 2nd Circuit issued a divided ruling, nearly 900 pages of opinions. Although Sotomayor has heard about 3,000 cases, judicial scholars say split decisions provide the most revealing window into ideology because in such cases the law and precedent are often unclear, making them similar to cases heard by the Supreme Court." Makes sense.
On the other hand, as concerns the Brennan Center study, per author Monica Youn, (as transcribed from Youn's appearance on Hardball...heh,heh) "We thought that we would focus on cases in which a constitutional issue was raised, whether that would be a 1st Amendment claim, a civil rights claim, criminal cases in which a due process violation was alleged." Youn isn't as clear as the WaPo study in why they chose those particular cases; however, it is interesting to note that in most of the cases used in the Brennan Center study, Sotamayor didn't actually give a ruling but only voiced an opinion of the ruling. Youn gave no indication of how many of those cases were similar to cases heard by the Supreme Court. It appears Youn's study focused more on painting Sotamayor as being in the concensus with the opinions of other members of the 2nd circuit rather than focusing, like the WaPo in-house study, on cases with a divided ruling. Interesting.
Some other potetntially damaging findings on Sotomayour from the WaPo in-house analysis -
"Supreme Court nominee Sonia Sotomayor's opinions show support for the rights of criminal defendants and suspects, skepticism of corporations, and sympathy for plaintiffs alleging discrimination." (the exception obviously being fire fighters that are not in a minority) Hardly mainstream - at least not yet.
"Legal experts said Sotomayor's rulings fall within the mainstream of those by Democratic-appointed judges." Oh, that mainstream.
Evening acumen... I'm
July 11, 2009 - 19:44 ET by bigtimerEvening acumen...
I'm sure you know about these rulings regarding Soto...and the 2nd Amendment....if you don't or others don't, here are the links.
Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart
If racist gun-grabbers are considered "mainstream," then....
July 11, 2009 - 20:06 ET by R D Helm...I guess she is.
-Dave
"Obama's health care 'reform' plan is to blow up the building in order to fix a leak in the roof." - Herman Cain
Dave...assume you saw my
July 11, 2009 - 20:12 ET by bigtimerDave...assume you saw my post and links right above you regarding this.
Hand in hand with Holder if anybody watched his confirmation hearings.
Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart
bt,
July 11, 2009 - 20:48 ET by R D HelmIt gets even worse.
-Dave
"Obama's health care 'reform' plan is to blow up the building in order to fix a leak in the roof." - Herman Cain
Hey Dave.... I rambled on
July 11, 2009 - 21:11 ET by bigtimerHey Dave....
I rambled on about that elsewhere...you will see. ;-)
Btw...I need to learn/read about all of this in more depth too.
Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart
This Washington Post piece
July 11, 2009 - 21:25 ET by TEThis Washington Post piece is Exhibit No. 1,000,000,000,000,000,000,000,000,001 demonstrating the favorite technique of leftist political activists writing for leftist political advocacy groups like the Washington Post, to wit: dutifully swallowing a press release from a like-minded leftist political advocacy group (in this case the self-described Brennan Center for [so-called] Justice) and then regurgitating said press release and calling it "news".
I particularly enjoyed the false allegation made by leftist political activists Robert Barnes, Michael Shear, and Perry Bacon: "The allegation [of Sotomayor's lawlessness] has also been refuted by a series of studies that show Sotomayor's decisions in 17 years as a district judge and on the U.S. Court of Appeals for the 2nd Circuit fit comfortably in the mainstream, ...."
"[H]as been refuted" according to whom? Answer: Barnes, Shear, Bacon and their like-minded leftists at the self-described Brennan Center for [so-called] Justice.
Mainstream? Then's she's OUT!
July 12, 2009 - 09:22 ET by CobraManSupreme Court Justices are not supposed to be "mainstream." They're supposed to be exceptional! Those positions are not supposed given out to just any Judge, they're supposed to be given out to Judges who have shown themselves to be highly versed in Constitutional law and display judicial prudence, and excellence in performance.
If we wanted just any old Judge, any "mainstream' Judge, as a A Supreme Court Justice, we would make that position a term-limited one, with a large turnover rate and easy access, instead of a life long position that must be appointed by a very long and involved process. So, if she's really IS "mainstream" as some profess, she should be denied a seat on the highest court of the land and be sent to sit on the bench in any low level federal Court, like all other "mainstream" (aka mediocre) Judge.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
The US Constitution
Unless you're a fetus.
The US Supreme Court
Wapo stories
July 12, 2009 - 10:07 ET by trhugAgain I see NYT and WaPO showing their true colors. PC is no way to go thru life. Media with no cahones is not my idea of patriotism. My money and good will go totally vaporous in observing these outlets' trashing facts with slander or character assassination. At times I believe some these two practice Saul Alinsky's methods. Easiest way to lose outlets such as these is to let them hang themselves......
TRH
bwahahahahaha
July 12, 2009 - 22:05 ET by konoSotomayor is mainstream? Yeah, and La Raza is the Girl Scouts.
Been waiting to see even ONE article in the 'mainstream' press even mention the organization that peddles Latino superiority, white-hatred, and violent revolt. But all they want to talk about is a decision about firefighters.
Sotomayor is 'mainstream' like the Liberal press is 'mainstream'. It's all part of one big lie.
this is akin to Al Sharpton saying MJs not strange...
July 13, 2009 - 10:59 ET by spmcintyre...how about we have a recall vote on Senator/Congressperson so and so....