Morning Docket 05.29.09
* The “Naked Cowboy,” who went after M&Ms for using his likeness, is now being sued by Gameloft. The video game maker wants a declaration that a character in its game is only “reminiscent” of the Cowboy. Perhaps Gameloft should spend its time improving its game, “New York Nights,” described as “simulat[ing] life in New York City, with tasks such moving into a Greenwich Village apartment, getting a job and navigating the city’s neighborhoods.” That’s not a game; that’s the nightmare that many of us are living these days. [Courthouse News Service]
* Personal-injury attorney Bill Marler is an Omnivore’s Delight for Washington State University. [New York Times]
* The White House scrambles to address the abortion issue and where SCOTUS nominee Sonia Sotomayor will stand on Roe v. Wade. [Washington Post]
* “Sotomayor’s sharp tongue will make her a match for Scalia.” [ABA Journal]
* Rihanna may make a court appearance in the Chris Brown assault trial. [Associated Press]
* Man charged for pissing off the IRS. [Smoking Gun]




Comments
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WGWAG
SOTMAYOR hates white people.
She is part of the National Council of the Race (la Raza!)
She is a racist.
Jabbasotomayor will never see the inside of Supreme Court unless she becomes a janitor there.
asdfasdf
Blumpkins for everyone!
Evan Chesler
Membership in a group that peacefully promotes hispanic interests is not called racism. It is called involvement in a participatory democracy.
There isn't any evidence that La Raza "hates white people" or has acted in any unlawful or even inappropriate manner.
There certainly isn't any indication that Sotomayor herself is a racist (even Alito stated that he takes his family's immigrant/ethnic background into account in deciding cases).
This is a sad, weak attempt at guilt by association, with the added laziness of failing to even establish that the scary group "La Raza" is itself something we should be concerned about.
Thanks to the Tom Tancredo brigade for showing up, but you forgot to bring along facts and persuasive logical arguments.
Suing a for a declaratory judgment that the Cowboy is only "reminiscent" is a complete abuse of the declaratory judgment process...
I am pissed at my neighbor let me sue him for declaratory relief on the REMOTE POSSIBILITY that my tree may fall on his yard and he may sue me.
You retarded Harvard types already screwed up the financial system, thanks for bringing that "creativity" into a delightful run around on the case-in-controversy requirement of the US constitution!
6,
FEC just announced that ACORN committed no violations of election law in the 2008 election.
We Republicans have "the real facts" (just like Dick Cheney had "The Math"), so we know that ACORN completely destroyed American democracy in a huge conspiracy with La Raza, the ACLU, and noted militant black power leader Count Chocula.
Besides, we have all the evidence we need from Jeff Rosen's hit piece which provides water tight sourcing from "some people" and "unnamed sources" that a distinguished judge apparently sometimes treats attorneys in a brusque and no-nonsense manner. Can you believe her nerve?
Alito may have said the exact same thing about looking at cases through the lens of his own family history, but you are forgetting that If You Aren't White, Then It's Not Alright!
Free Count Chocula! Free Count Chocula!
Down with the prisons!
Free Count Chocula! Boo-Berry was a snitch and got what he deserved!
Free Count Chocula! Free Count Chocula!
Down with the prisons!
Free Count Chocula! Boo-Berry was a snitch and got what he deserved!
I'm hungry and would love some free Count Chocula.
Thanks.
FACT: If La Raza is not a hate group, then white supremacist organizations "peacefully promote white interests...in a participatory democracy."
Here's a little sample of LARAZA racism: "Por La Raza todo. Fuera de La Raza nada."
TRANSLATION: "For The Race everything. For those outside The Race, nothing."
Any group that is "race-based" is automatically suspect.
And, La Raza's leader, Janet Murguia is an opponent of the First Amendment. She wants to stifle debate when anyone disagrees with here anarchistic approach to immigration (e.g. she wants laws to go unenforced).
In that since, perhaps a better description of La Raza is "fascist." Of course, mos fascists are racists -- just look at Hitler. And now a La Raza exec is on Obama's cabinet. And Obama's taking over private industry.
History is repeating itself, and white people are going to be pushed into ovens soon.
abcdefghijk
12,
Another Tom Tancredo false talking point. That is not La Raza's slogan.
Their slogan is "Strengthening America by promoting the advancement of Latino families"
Yeah, Tommmy Tancredo sure is right, that is terrifying KKK type racism.
Morons.
7 - isn't the Constitution's case-in-controversy requirement limited to federal courts? The case was brought in Los Angeles superior court. Does California have that requirement? Just checking.
Comment removed by moderator.
13,
Faaaaascism!!! SOOOOCIALISM!!!
Oh my God!!!! A group that peacefully advocates for the interests of its members via the political process!
OH NOES! This is definitely like Hitler. You are in no way engaging in false equivalency.
I'll tell you what, here's a simple question for simple people -
What are your 3 best examples of racist actions on the part of La Raza and/or Sotomayor?
Let's not forget, this is the same group that swore ACORN would utterly destroy America by *gasp* registering people to vote (please see recent FEC finding of no illegal activity).
So, definitely you guys aren't just race baiting and trying to paint Sotomayor as "other" with this no-source fear mongering.
Don't type out a (probably made up) quote from some obscure person that isn't Sotomayor (guess what that tells us about Sotomayor... nothing).
If this group is racist, then what are the 3 best examples of their racist actions.
Since you can't/won't answer this simple question, you may begin to try and change the subject or engage in ad hominem attacks against me in 3, 2, 1...
Let me be the first classy Dawg to say "Fuck Wazzu"
13 - "in that since"
I wouldn't debate these people over Sotomayor. They are obviously very intelligent and well educated.
Sotomayor is a disaster for Hispanics. She is being touted as the "first Hispanic" on SCOTUS (false, see Cardozo). When it becomes apparent that she is a tool and a fool, it will set back Hispanics for a long time.
The two most prominent Hispanic lawyers in modern American consciousness?
Sotomayor the Racist
Alberto Gonzales the Fascist
The La Raza membership is a fiery compliment to the now infamous Berkeley speech in which Sotomayor said: “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”
The National Council of La Raza describes itself as the largest Latino civil rights and advocacy organization in the United States, but it actually caters to the radical Chicano movement that says California, Arizona, Nevada, New Mexico and parts of Colorado and Texas belong to Aztlan.
The takeover plan is referred to as the "reconquista" of the Western U.S. and it features ethnic cleansing of Americans, Europeans, Africans and Asians once the area is taken back and converted to Aztlan. While this may all sound a bit crazy, this organization is quite powerful and its leaders regularly attend congressional hearings regarding immigration. The La Raza council also receives millions of U.S. taxpayer dollars each year.
Obama even violated his own lobbyist ban to hire a top National Council of La Raza official (Cecilia Munoz) as director of intergovernmental affairs. Munoz supervised all legislative and advocacy activities on the state and local levels and was heavily involved in the congressional immigration battles before the president issued an “ethics waiver” to make her part of his administration.
In return, the La Raza council has strongly supported Obama while never the less pressuring him to do more for the race. The group was quick to issue a press release lauding the president’s “historic appointment” of Sotomayor to the nation’s highest court, calling it a “monumental day for Latinos.” No mention of the judge’s membership in the group, however.
http://www.judicialwatch.org/blog/2009/may/supreme-court-nominee-la-raza-member
21,
Thanks for the predictable attempt to change the subject rather than answer the very simple question.
(allow me to agree with you that Alberto Gonzalez was utterly unqualified to be Attorney General. Big surprise from the party that nominated and defended Harriet Miers)
Anyone? Actual examples of racist actions? Bueler? Bueler?
-18
LOL, #15.
"La Raza's slogan is "Strengthening America by promoting the advancement of Latino families"
I think the KKK's slogan is ""Strengthening America by promoting the advancement of White families"
So I guess you're cool with that too, no?
Sotomayor is a fat, burrito stealing, racist of the highest caliber.
Judge Halverson
REGARDLESS of whether or not la raza is racist, I think we can all agree that Janet Murguia, the head of la raza, is a fascist in the purest sense. Watch this video of her debate with Lou Dobbs and see how she wants to "get hate speech off the air."
Anything la raza disagrees with is "hate speech" of course. This is really a shocking example of fascism in America.
Part 1: http://www.youtube.com/watch?v=ZhHAxFnvvgQ
22 -
(1) Sotomayor's statement - pretty much a mirror image of Alito's statement - "Because when a case comes before me involving, let’s say, someone who is an immigrant — and we get an awful lot of immigration cases and naturalization cases — I can’t help but think of my own ancestors, because it wasn’t that long ago when they were in that position... And I do take that into account"
(2) Your rant about how La Raza describes itself - (a) you provide no source showing that this is how they describe THEMSELVES as opposed to your fantasy land. (b) These aren't racist actions. You've shown no racist action by anyone.
(3) The "Takeover Plan" - wow, you guys have the best conspiracy theories. Again no source. I find this at least as probable as your side's accusation that ACORN would destroy American democracy. You're seriously concerned about this? Based on what? What does this have to do with Sotomayor?
(4) A political group got in touch with a political leader and then advocated its interests to that leader? Holy shit!!! I had no idea political groups were doing this! Thank goodness groups like Focus on the Family and Club For Growth never try and advocate their positions to politicians (wtf?!? Are you retarded, or does this really concern you?).
Ok, so my call for examples of racist action resulted in -
(1) a mirror image of Sam Alito's statement during confirmation
(2) an unsourced statement purporting to be La Raza's way of describing itself. (truly a chilling racist action that cannot be allowed to continue!)
(3) a wonderful conspiracy theory of hispanic conquest of north america (thank goodness you're here to warn of us such large scale and devious plots that have somehow gone unnoticed by the military and intelligence agencies...)
(4) the fact that Obama hired someone.
That's the best you got? These things make Sotomayor a racist?
Good luck at the confirmation hearing, chumps.
26,
Sotomayor is loosely affiliated with a group and one of the members of that group said something on Lou Dobbs TV show that you don't like?!?
Everyone knows that Lou Dobbs' show is where American policy is made. If you know someone who says something that upsets Lou Dobbs and his audience, then you should face consequences.
Everyone!!! Spread the word! Somebody Sotomayor knows said something on a cable pundit's show that was somewhat inflammatory! Down with Sotomayor!
As always, the logic of these arguments is truly something to marvel at...
24,
You "think" that is their slogan? What's the matter, had to miss the last few meetings?
22: You can bitch all you want. but there are only 2 reasons Sotomayor might not get confirmed:
(1) Major, clear ethics violation disclosed; or
(2) Dems think she's not liberal enough.
Count the votes. None of this is going to sink her. I mean Rehnquist perjured himself -- twice -- and was still confirmed both times. If you have the votes, you have the votes.
The media and Democrats seem to find successful Hispanic attorney Sotomayor much more "empathetic" than successful Hispanic attorney Miguel Estrada.
After aggressively blocking Estrada's nomination to a federal appeals court during Bush's first term solely on the grounds that he is Hispanic and was likely headed for the Supreme Court -- according to Senate Democrat staff memos -- now Democrats have the audacity to rave that Sotomayor will be the first Hispanic Supreme Court justice! Yeaaeee!
If Sotomayor is not more empathetic than Estrada, liberals at least consider her more Hispanic -- an interesting conclusion inasmuch as Sotomayor was born in New York and Estrada was born in Honduras.
Forty-four of 48 Senate Democrats voted to filibuster Estrada's nomination to the D.C. Circuit Court of Appeals, with congressman and professional Hispanic Raul Grijalva assuring them that just because "he happens to be named 'Estrada' does not give him a free ride."
The Dems behave like plantation owners. It's sad, but true.
That's no woman, that's a MAN, man!
31,
Oh my God! If you ignore all of the other issues with Estrada's nomination, then it was all about race!
Did you know that Gonzalez is also hispanic and Democrats were opposed to him too!?! If you ignore all of his incompetence and poor decisions, then he was opposed based on race too!
Seriously, what is your point here? You keep ranting about Democrats and "empathy" and ignoring Estrada's views on the issues...
So, other than having two examples where the jurist at issue is hispanic, what is the salient point/comparison/analogy you are trying to draw?
What is the point you arrive at from the Estrada nomination that is applicable/informative on the Sotomayor nomination? It seems you just want to re-litigate the Estrada nomination while injecting as much anti-hispanic rhetoric as possible...
31,
Did it ever occur to you that the reason your side is having so much trouble is you keep picking incompetent people to act as racial tokens (looking your way, Michael Steele and Alberto Gonzalez).
And maybe the reason our side isn't having such troubles is we pick qualified people that happen to be of a different race? Sure, we may play some politics and pick the qualified minority over the qualified white male to help insure that we are representing all the members of our diverse coalition, but we're still picking qualified people.
Of course, your side is pretty incompetent across the board (see Miers, Harriet; Bush, George; Chertoff, Michael; Brownie, Heckuva Job; etc. etc. etc.), so maybe you really are going with the most qualified candidates willing to come out as Republicans rather than picking tokens...
Perhaps some ideas and policy positions relevant to the issues of greatest concern to the American electorate would help you recruit better candidates (see lack of a health care proposal, see also recent GOP budget sans numbers)? Don't want to suggest anything that would make you uncomfortable, just throwing it out there...
34, instead of bringing up random other people, please explain: how was Estrada unqualified?
And I wouldn't put too much faith in the qualifications of Tim "Turbotax" Geithner and Tom "limousine liberal" Daschle just yet. Oh wait, scratch the last one.
Let's not get too smug about "your side" now. Remember when Bush had 90% approval ratings and people talked about the permanent Republican majority? You should learn to be less partisan, so that the inevitable reversal will be less depressing.
-- not 31
Estrada was "incompetent"? A SCOTUS clerk? Served as deputy chief of the appellate division in SDNY? Worked in Clinton's Office of the Solicitor General? Wachtell?
35,
Didn't name Estrada as unqualified. The issue Democrats actually had with him were his views on the issues. Dems didn't cast many votes for Alito, either.
My point is that trying to make Estrada about race is dishonest b/c the problem was his views on the issues (extreme conservative).
I would be happy (and, frankly, relieved) to see the Republican attack on Sotomayor focus on her positions on the issues rather than her race.
Also, are you sure you're not the one deluding yourself about the "inevitable" reversal? Bush's huge approval had a number of external causes. Now the GOP is losing hispanics (fastest growing demographic) by big margins, and losing the youth vote by HUGE margins.
It is a building time for the Democrats. We're in a strong position to go out and find converts, and that's what we're doing. Agree that "our side" won't be on top forever, just not so sure your side will be the ones to topple us.
If Colin Powell (and Jon Huntsman and Arlen Specter and Olympia Snowe, etc. etc.) had more influence in your party, I'd be more concerned about Democratic downfall.
37, actually the Democrats did claim Estrada was unqualified (despite a "well-qualified" rating from the ABA), and the issue was about race since they did not want a Hispanic conservative DC circuit judge and thus close to being a SC justice.
Just google "Miguel Estrada memo leak":
"One Nov. 7, 2001, memo from staff to Sen. Richard Durbin, R-Ill., suggested that the "groups" would help stall the nomination of Miguel Estrada, a Bush nominee to the D.C. Circuit Court of Appeals. The memo called him "dangerous," in part because he "has a minimal paper trail, he is Latino and the White House seems to be grooming him for a Supreme Court appointment.""
Who's being dishonest about race again?
38,
First, you are misrepresenting the Democratic opposition to Estrada. It was mostly over him being an extreme conservative. Most of the race comments were to the effect that even though he was hispanic he would still be subject to thorough scrutiny.
However, even assuming that your point is exactly correct, what conclusion does that lead you to? Under your 'interesting' interpretation/recollection of the Estrada confirmation, you seem to be concluding that Dems opposed based on race so Repubs should too?
Why isn't your conclusion that all the nasty racist Dems did that to Estrada, but Repubs will take the high road with Sotomayor, and thereby distinguish themselves from the Democrats in a way that is attractive to the electorate?
Instead, your conlcusion seems to be that Republican racism is therefore justified.
Even under your strained logic, the Republican position is opposition based on race. Your main point simply seems to be "Dems did it first".
Let me know how that works out for you with hispanic voters. Clearly your interpretation of reality is correct given how Democrats have been losing the hispanic vote by huge margins...
How far down the tubes will toxic liberals take the Democrat Party -- and the country?
40,
I know. If only the Bush glory days could have lasted forever...
Struggles to understand why the 26 percenters seem to congregate on ATL in disproportionate numbers....
42: Where else are they going to go?
43
Free Republic or Volokh Conspiracy or Balkinization and so forth.
42,
Maybe you're forgetting the very real and very serious danger of....
SOOOOOOCIALISM!!!
(boo! Raar! Oooooh boogie boogie boogie!)
It is a very real threat and these very serious and very logical people are our last bastion of defense against it...