The Wise Latina Goes Off the Deep End
Here's what happens when you pick Supreme Court Justices based on "empathy."
Facts: An HIV-positive prisoner (Anthony Pitre) is transferred to a prison where all inmates are required to do hard labor. He doesn't like hard labor and so, in protest, he refuses to take his HIV meds. As a result, he's less fit for hard labor. But prison officials say: "too bad, you still have to do hard labor like everyone else." Pitre then sues the prison for "cruel and unusual punishment" in violation of the Constitution.
The magistrate judge dismisses the claim as "patently frivolous." The federal district court agrees. The Fifth Circuit agrees. Eight Supreme Court Justices refuse to hear the case -- with Justice Sotomayor dissenting. In a 4-page dissent (highly unusual for a routine denial of certiorari), Sotomayor argues that Pitre had demonstrated that prison officials acted with "deliberate indifference" in violation of the Eighth Amendment. (h/t Orin Kerr at Volokh)
Poor Sonia Sotomayor, she seems to be in over her head. Perhaps I'll send her an empathy card.
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Comments:
Jul '10
Re: The Wise Latina Goes Off the Deep End
If anyone went off the deep end, it was the Senators who had confirmed her for the USSC. Sotomayor has always blatantly endorsed subjective-emotional decision making, insisting that there is no objective stance, only a series of perspectives. Her judicial philosophy, that judges cannot transcend personal sympathies and that her own unique perspective as a wise Latina, a perspective which cannot be understood by people not sharing her ethnicity or sex, were well known before her confirmation. Forget the duty to interpret and apply the Constitution. The chickens have come etc., etc.
Edited on October 19, 2010 at 9:49pmJun '10
Re: The Wise Latina Goes Off the Deep End
I hate mowing the lawn, but my wife still makes me do it. Seems "cruel," if not "unusual." If I can manufacture some state action here, the good judge may relieve me of my lawn care duties.
Jul '10
Re: The Wise Latina Goes Off the Deep End
tabula rasa: I hate mowing the lawn, but my wife still makes me do it. Seems "cruel," if not "unusual." If I can manufacture some state action here, the good judge may relieve me of my lawn care duties. · Oct 19 at 12:14pm
Sorry, TR, judging from your picture and assuming your wife is a woman, you do not merit special consideration. Keep mowing.
Jun '10
Re: The Wise Latina Goes Off the Deep End
Ragnarok
Sorry, TR, judging from your picture and assuming your wife is a woman, you do not merit special consideration. Keep mowing. · Oct 19 at 12:57pm
Currently have somewhat less hair than in the picture and wife is a woman. Crap!!
May '10
Re: The Wise Latina Goes Off the Deep End
First, funny end line.
Second, when Pres. Bush nominated someone who didn't have the qualifications to fill the seat, conservatives were instrumental in killing off the nomination. Pres. Obama nominates someone who, very obviously, isn't qualified for the job and the left rallied round to make sure she was pushed through.
It isn't always pretty, but I actually like the fact that conservatives sometimes eat their own.
Just sayin'.