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Originally Posted by Slingin Sammy 33
If acknowledging race/sex as a determining factor in the rule of law doesn't contradict the blindness of justice, I don't know what does. I agree with Justice O'Connor.
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At this point I don't even know what you're getting at. Justice is about fairness for both the majority and minority. The blindness of justice is a mater of fairness and I don't see what the issue is with respect to weather her Hispanic heritage should or shouldn't be considered an asset.
As for the broader notion that justice should be blind to race and sex you are absolutely wrong on the matter -- with prejudice. We are a Constitutional Republic is to combat majoritarianism. Protecting the minority from the majority is at the core of this nations and the single most important job carried out by our judicial branch. Race and sex (the minority requiring protection) can be and are a factor in decision making because their social standing is still below that of white males (the majority that wields power). This isn't intended to be an indictment of white males, it's just the current fact of life. You still got the best hands in the deck bro even if Obama is president.
Quote:
Originally Posted by Slingin Sammy 33
I couldn't find evidence in a quick search but I do not believe either Roberts or Alito have a history of over 83% of their rulings that appeared before the Supreme Court being overturned.
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The truth is the Supreme Court never takes on a case unless it deems the findings of the lower court questionable. This is their function so the 83% is meaningless. If you really are interested in numbers the number that should interest you is what percentage of all the cases heard by Sotomayor did the Supreme Court review. One has to wonder about Roberts and Alito disagreements with the Supreme Court as appellate judges.