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The Face Of The Sotomayor Opposition

If your only source of news was cable television, you might think that the Senate was gearing up for an historic fight over a Supreme Court hopeful so out of the mainstream that it might be worth questioning the sanity of the President who nominated her.

The reality on the Hill is much less exciting than that. Most Republicans, I'm sure, don't really care for Sonia Sotomayor, but they're nonetheless preparing themselves for her eventual confirmation. And, for the most part, they're actually pretty sanguine about it.

Not so in the land of conservative activism. For weeks, members of a number of co-ordinated groups have been trying desperately to assure anyone in earshot that, by replacing one moderately liberal Justice with another, slightly more liberal Justice, Obama will ruin the country.

The most prominent face of this campaign is the legal counsel to the Judicial Confirmation Network, Wendy E. Long.

Long has a long history on the right. After graduating from Northwestern University School of Law, she clerked for Second Circuit Court of Appeals Judge Ralph Winters, and Supreme Court Justice Clarence Thomas.

In 2005 she began advocating for conservative judges and justices, seemingly to great effect. But that, of course, changed when President Bush gave way to President Obama. On the eve of his election, she warned, gravely that, if Obama were to win the election, "[w]e'd see things like a constitutional right to same-sex 'marriage,' a constitutional right to federal taxpayer funding of abortion."

We'd likely see a so-called constitutional right to physician-assisted suicide and to human cloning. [References to God] would come out of the Pledge of Allegiance and perhaps off our currency and every other public place [...] so we may wake up, but it would be too late -- because once Barack Obama has a chance to appoint a majority of a Supreme Court, then decisions like those would be out of the hands of voters for certainly a generation and perhaps longer.

After Obama's inauguration, she got out in front, arguing against his first judicial pick--David Hamilton, nominated to the Seventh Circuit Court of Appeals--who now faces a tough road ahead in the Senate.

But she really kicked into high gear when Justice David Souter announced his retirement. That day, she and other activists, led a conference call to co-ordinate messaging on Obama's coming nominee, whoever it ended up being. "One thing to keep in mind is that the left and media will say this doesn't really matter -- Obama will just replace a liberal with a liberal," Long said. "It's a conservative court. We need to push back against that immediately."

It's hard to know whether her goal was to squash the nomination, or to rile the base and add to activist coffers or a combination of the two. But either way, she didn't get word out to her group that they should ditch the language on their website, left over from the Roberts and Alito fights, calling on senators to give Court nominees up or down votes, and, somewhat ironically, to abandon "fear and smear strategies."




(You can read the full petition here.)

I say ironically, because some time in early May, or perhaps a bit earlier, she seems to have forgotten that clarion call.

"She reads racial preferences and quotas into the Constitution, even to the point of dishonoring those who preserve our public safety," Long said, when Sotomayor got the nod.

On September 11, America saw firsthand the vital role of America's firefighters in protecting our citizens. They put their lives on the line for her and the other citizens of New York and the nation. But Judge Sotomayor would sacrifice their claims to fair treatment in employment promotions to racial preferences and quotas.

Fear and smear? Check and check.

Sadly for Long, though, her allies on the Hill don't seem to have gotten the word. Sen. Chuck Grassley (R-IA) voted against Sotomayor when she was a Second Circuit nominee in 1998. Questioned about that vote recently, he said "I don't want anybody to believe that I'm going to have that be a reason for me having my mind made up now. Because quite frankly, I'm going to have to go back and hopefully I gave a speech at the time, or there's something in the record of my rationale for the no vote at the time."

When asked if he believed Sotomayor would be confirmed to the Supreme Court, Grassley had a one word answer--one word that won't please Wendy Long.


64 Comments

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Chuck Grassley's comments crack me up. Hopefully the past Chuck won't run into the present Chuck or hi-jinks may ensue....

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Grassley is generally very honest and forthright with his answers which is why Iowa keeps reelecting him. I find it kind of refreshing. Most politicians would have just made something up and then hedged it.

I'm really interested if he follows maintains his position that judicial nominees deserve and up or down vote and votes for cloture.

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I know, it's just that his comments made me smile. Psuedoquote: I'm not quite sure why I voted against her in the past, but that doesn't mean that I will vote against her now....

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Wrote the following elsewhere yesterday:

It’s a treat to see repubs flailing around, trying to find a handhold or foothold to pull themselves to a ledge from which they hurl effective rocks at Sotomayor. But instead of moving upward to their ledge, each attack seems to dislodge more rocks down upon the GOP itself.

Her’s my take. Purely as a psychologist. There are some people, who when you see photos of them or see them on TV make an instant impression of warmth. Sotomayor is one of these people! Indeed, in my view the contrast between this warm, strong, intelligent woman and the hard-edged harpies the GOP is sending out to try and take her down is so shocking - like shock and awe - it literally damages the image of repub women and elevates Sotormayor into the stratosphere. You see this warm, compassionate lady judge. And these nasty repub women, with hardly a shred of female warmth or compassion, and only the nastiness of your worst nightmare of a female. As I say the contrast is so shocking as to literally destroy in people’s minds the idea that repubs care.

I’m sure we’ll see another side of her at the hearings. But I honestly think the warmth, the compassion, the alegria, the sense of mujer simpatica is so strong I think it will drown out her detractors and make them look like deranged people. There really isn’t a translation for the Spanish words to describe her - maybe a something like “you just want to be around this person, share a meal, be her friend.” Repubs may find the image of that kind of Supreme Court Justice to be reprehensible. Maybe they’d prefer someone with a bun and severe glasses and the air of a Dominatrix so they could really go after her and tear her apart.

But they’re stuck with this lady who comes across like a neighbor you’d like to have, like the Judge you’d want if you were to bring a case before the Court. And the GOP harpies especially come across like the person you’d never want to move into your neighborhood or be on any panel that might ever have to decide your fate.

Just some thoughts. Because this kind of thing has such a powerful effect. Woe unto those who try to take down this lady! They’re going to find themselves in the gutter while she’s dancing in the sunlight!

Somebody else yesterday (elsewhere) described her as possessing Gravitas - substance.

Next to a woman of substance, the GOP lady looks really bad!

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Wendy Long does rather look like she's got a hatchet tucked behind her back, doesn't she?

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Why is she sticking her chin out at me?

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Thera, from a man's perspective, all the politically active repuglican women today look bad. I can't see myself waking up in the morning in bed with someone who has a snarl for a smile.

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So true. And much better that a woman was the one to make the initial comment. As a woman, I disown these harpies!

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giggity

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She's a Republican Fembot (remember the blond robots with machine gun boobs in one of the Austin Powers movies?) They turn them out somewhere:
Ann Coulter, Laura Ingram, Monica Crowley, Gretchen Carlson, Wendy Long, yada, yada, yada. Wind them up and they spout the latest drivel.

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And the hardest edged republican woman du jour is Liz Cheney. She learned it from her mom.

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And let's all remember to call little Liz 'Deferment Five'. Mom is 'Deferment Four.'

These are the facts: Dick domestic partnered Lynn when the standard deferments ran out, but 'Married men' was left. Kennedy eliminated that one in '63, by amending it to specify men with children or with pregnant spouse. Dick finally got around to porking Lynn (rubber gloves all round) and nine months and two days after that decree, little Liz was born.

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She may be seen as a "mujer simpatica" by the public, but to lawyers, hers is known as a "hot bench" meaning you had better be prepared to answer tough, and numerous questions during oral argument.

Which is a great thing, I might add, and has ZERO to do with her ideology, and everything to do with her active mind and intellect.

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...with her active mind...

Now there you go stirring up trouble again, calling her an "activist judge"...

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Interesting. I think it was NYT saying the other day that she ripped through very tough questions in her first confirmation hearing because Repubs were anxious to deep six from the Appeals Ct. nomination lest Clinton name her next to Sup. Ct. Point being, yeah, they say she's a real talker. Hot confirmation testimony.

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The gentleman below argues that Sotomayor in the Ricci decision was simply applying the law as it stands -- and that what the Republicans are demanding in that instance was a free-wheeling exercise of empathy. Anybody know if Cruz is correct on the state of the law? That a majority of the Appeals Court upheld the lower court decision despite the apparent unfairness of the Ricci outcome suggests that he is.


"Posted by: Robinson Cruz (Taken from comments from Real Clear Politics)


May 27, 10:15 PM
Report Abuse
Reply
Based on her decision in the Ricci case, conservatives accuse Sonia Sotomayor of two things they most deplore in a judge: judicial activism, and identity politics. On both counts, their criticism is indefensible. In fact, a decision in favor of Ricci would have been the epitome of judicial activism and identity politics. The district court decision clearly shows that existing law and legal precedent do not support Ricci's claims of racial discrimination under Title VII or the 14th amendment. In supporting this opinion, the Court of Appeals on which Ms. Sotomayor sits sympathized with Ricci and his fellow plaintiffs , but refused to let sympathy color their view of the law. Perhaps the Supreme Court has the standing to overturn existing law and legal precedent, but conservatives should be pleased that lower court judges did not presume to have that authority. They should actually congratulate the lower court judges, including Ms. Sotomayor, for refusing to legislate from the bench in the Ricci case. By their reaction, however, conservatives reveal the true reason they are attacking Ms. Sotomayor: because she refused to engage in the sort of judicial activism and identity politics they support. It is legitimate to argue that Title VII and other anti-bias laws are flawed in the 21st century, but Congress is empowered to change those laws, not a federal Court of Appeals."

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Yes -- I have yet to read the decisions to confirm -- but everything I've heard from lawyers who have read them indicates that the Court of Appeals decision (by a unanimous 3 judge panel) was to allow the local government to make the decision that, by statue and legal precedent, was theirs to make. It was the municipality that invalidated the test results, not the courts. And in American law there is a LONG, long tradition of deference to the discretionary decisions of lawful officials who are empowered to make them. It's a quite conservative outcome, taking the true meaning of that term.

This is nothing new, by the way. I've worked with 30 or so judges over the last few decades and without any doubt,the most "activist" of them were the most conservative. You see, their ideology tells them what the "right" outcome will be and so their only judicial challenge is to find the words to get there. I'm sure there are liberal zealots on the bench also (although I've worked with only one) but in fact the liberal judges are far more likely to follow where Legislatures and legal precedent lead ... until they get to issues that are truly new or undecided.

When you arrive at a new or undecided question, any judge is going to "make policy," no matter what they do. It's understandable that, at that point, their ideology will be one of the things informing the decisions they make. But, trust me, in the world of the courts, NO judge is more "activist" than one who is a committed conservative! Precedent truly does NOT matter to them if it reaches the "wrong" outcome.

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I've found over the years that what Republicans say about the opinions of a judge appointed by a Democrat to a higher seat has literally nothing to do with the opinion. Nothing. Any resemblance between what Republicans say about an opinion and what the opinion says is pure coincidence.

This is the case because no judge who'd ever actually written anything truly controversial or off the wall would ever make it past the vetting Democrats put their candidates through.

Republicans, on the other hand, don't give a damn how insane the stuff their judicial nominees have written in the past might be. When your whole philosophy and method of operation depends on portraying pedestrian, sane and sober thought as dangerous radicalism and extremism as the norm, you get to do that. Kind of a structural advantage that being both utterly unscrupulous and completly unhinged gives them in these little contretemps.

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Ricci discrimination?

What does she have against Italians?

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I've read less than a few sentences about Sotomayor. I doubt, whatever may be the case about her, that her tenure on the Court would effect a significant change in jurisprudence. I have read the Second Circuit per curiam opinions for which she voted -- twice -- by which a three judge panel of the Second Circuit affirmed without any analysis the District Court order against Ricci et al. The substantive opinions (i.e., opinions arguing the law) are those (there are many) issued by the other Second Court judges explaining their vote for or against rehearing the case en banc (i.e., by the entire Second Circuit). The vote against an en banc hearing was 7 against, 6 for. Of the 7 against, 3 were the judges from the original 3 judge panel. The 7 to 6 vote against rehearing was not an affirmation of the original panel's (or District Court's) order, but merely a vote on whether the Second Circuit's own prudential history supported a re-hearing. None of what has been written by the Second Circuit establishes that the three judge panel, including Sotomayor, was "simply applying the law as it stands". The case is Ricci et al. v. DeStefano et al., 530 F.3d 88 (2d Cir. 2008), cert. granted, 2009 U.S. LEXIS 392 (U.S., Jan. 9, 2009). The Supreme Court granted cert. to Ricci et al. (i.e., agreed to hear their appeal) The case was argued before the Supreme Court on April 22, 2009 (the New Haven firefighters case).

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The Republicans went out of their way to base the laws against discrimination on 'intent' not on discriminatory effect. The legal question thus turns on whether the City had the 'intent' to discriminate against white men. The likelihood, especially given that New Haven is approximately 43% white is that they did not. Unless Ricci et all put on some evidence about that 'intent' other than the outcome I fail to see what they have beyond a plea for more 'empathy.'

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This thug party is showing themselves for the racist bigots they are.

I hope they continue down this past and the dems occupy the white house for the next 52 years at least.

Pathetic and disgusting.

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I meant I hope they continue down this "path".
I shouldn't be in such a hurry to post. My bad

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I wonder if she realizes everything she is doing will have no affect on Obama's choice for picks WHATSOEVER. Idiot.

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It's hard to know whether her goal was to squash the nomination, or to rile the base and add to activist coffers...

Dunno if she's deluded enough to think her actions will have any effect on Obama or the Senate.  My cynicism suggests she's just doint it for the attention (read: donations).  If that's right, she's not as much of an idiot as she may seem.  But she really should come with a warning label:  For Amusement Only.

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They may get donations, but how many more people will get fed up and move from R's to Indies?

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I don't blame Long, she is what she is. I blame the cable networks for continually putting her their shows long after she has already beaten to death her stupid, mendacious talking points on every other cable show.

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I tend to agree with you, Rich. But just look at the attention she, and others like her, get on TPM, Huffpo, Washington Monthly and other liberal blogs. It's hard to blame cable news when they have a sure-fire audience for this crap.

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That's "Wendy Long, wingnut welfare queen", operating out of a PO Box and her basement.

Her front organization doesn't appear to be a 501(c)(3) or (c)(4) or a PAC. It might be a 527, but there's no indication of that. The donation page doesn't say where the money's going, either. All very curious. Any muckrakers want to check up?

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Here's another look at the Ricci case:

http://obsidianwings.blogs.com/obsidian_wings/2009/05/the-ricci-case.html

I like the phrase "substituting personal preferences for the requirements of the law as written" --- that's the heart of judicial "activism" and it's not the liberal, leftist judges who do it as a matter of course, on even routine cases.

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Recently saw Curtis Levey for the first time and was very disappointed - Wendy Long wins by a long shot. Unhinged look about the eyes and the overall appearance of a woman who just escaped from a burning building.

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Again, who the hell is this?

Oh, that's right.
Wendy Long, "clerk supreme"

No. Its just not as scary as - I'm the Batman. I think she would be more effective with an inquisition style mask and cape.

Cable news. bullsh@t in, bullsh@t out

Grassley will need to consult himself before he can give the appropriate answer.

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Isn't there a more...flattering picture of Ms. Long available? Maybe taken from another angle?

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Your suggestion prompted my comment just below...

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Ok, let's be kind to the lady. I bet birds would love to nest in that hair! ;)

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Thera, she looks like a cross between Anita Bryant and Anne Coulter, with a pinch of Phyllis Schlafley.

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Can't we get an imitation of her up on you-tube?

Somebody.... please...

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She also looks a little bit like Brian Bosworth when the Boz used to have a mullet.

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I know this is superficial, but I'll admit it is a pet peeve of mine: notice the orange face and the milky white neck? I just hate it when women don't match their make-up to their skin tone and end up with the face-neck demarcation line. It looks ridiculous.

In other words, she looks ridiculous.

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To be fair, that could be the fault of the CNN makeup crew (the makeup you wear for television is not the same as what you would wear out on the street), or it could be the result of the lighting in the studio.

And yes, that is a superficial concern. Why is it that when people disagree with a woman, they almost always feel it necessary to comment on her appearance?

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It's not just women. Look at the number of hits Boehner's taken about the skin color that even Crayola can't duplicate.

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If the Republicans keep coming up with stuff like this they will truly be the party of no tomorrow. Their doing the old get the white males mad right out of the old Jesse Helms ad from his race against Harvey Gantt. (A minority got my job).

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The moment I set eyes on the Faux screenshot, I thought gosh that Samantha gal on the Daily Show could do a truly over-the-top impression of this "lady." Don'tcha think? Now I'm dying to see it! Pleeeez... c'mon Jon...

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For Thera's comment on making fun of a woman's appearance ... haven't we all called Rush Limbaugh fat and pasty? And Newt Gingrich fat and pasty? and Jerry Falwell.... fat and pasty?

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I understand Judge Sotomayor's nomination to the 2nd Circuit was held up more than 16 months. If that were to happen this time, the court would be 4-3-1 and the decisions would likely be 5-3 or 4-4. Wouldn't that be, to the conservatives, "heads I win, tails you lose."?

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We don't need a supreme court, so eliminate it. Ditto the senate, house, and public education. Home school!

Our founders, actually wanted a monarchy but given that England was one, they decided to go with oligarchy instead.

Oh, America, when will you be worth your 1 million Trotskyites and your 10 million dead Indians?

The good news is we're now broke. Empires have a shelf life and ours is near its end. (see England, Spain, Holland...)

Actually Wall Street did us in. The financial whiz kids found a way to make an easy buck-selling junk as gold-and now they're hooked on their criminal ways. They don't want to work hard--as in making things. So they continue to flip papers and click on the mouse.

So down the tubes of history we go--of course the Pentagon helped--a trillion for war every year and the constant invasions, occupations, dronings..

Not to mention that we have a rich caste that refuses to pay taxes or even serve in the military, plus we have really awful leadership (see Rome)..

"Oh mama,can this really be the end...?"

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Right On, Brother! Write On!

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I cannot believe how years of Republican rule have brought about the acceptance of automatic smearing, rudeness and bullying above and beyond anything I ever dreamed of as a child. No wonder the Abu Ghraib rapists thought nothing of their actions: no constraint! You'd think some of them might learn to hold their tongues, but no, not a one that doesn't lie like a rug and spout baseless calumny. And the mainstream media treats it like gold.

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She looks a little like Linda Tripps sister.

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Yes! Calling John Goodman!

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Did she come up through the Hitler Youth?

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All I know is that after watching that vile woman on the tv, my normally level-headed, and gentle law professor wife got so agitated and vocal that I thought that she had suddenly been afflicted with Tourette's Syndrome.

I think had Long been in our living room last night my wife would have beaten her senseless with a copy of Tribe's "Constitutional Law."

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Seriously, this woman is a nasty piece of work. I saw her the other night on Hardball, and she rolled her eyes and snarled at the thought that someone would disagree with her. Conservatives still think that this is their country and the rest of us are just the servants that keep the house running.

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Not to sound sexist, but who is this chicken-brain?

I'm not much to look at myself, so I'll stay away from her personal appearance. I can't remember the post above that described her as a combination of Anita Bryant, Anne Coulter and Phyllis Schafley. I was skimming and in my mind's eye I saw Phyllis Diller and not Phyllis Schafely.

But anyway, if this is the best the Right has to offer, they've basically been whittled down to the group that thought Eisenhower was a pinko.

Not to pimp another site, but Ed Rollins' commentary on CNN was insightful.

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Is anybody concerned that Obama continues to play it safe. He put the one candidate up for the nominee that he knew the repubs couldn't filibuster without looking like the fools they are.

I was hoping he would pick a more strongly liberal anti-corporate judge to be on the court for years. The majority of the country stands behind him yet he still feels the need to appease the minority to avoid their wrath. We want a liberal agenda carried out yet we are getting more of the same or, to put it more directly, just keeping it from getting any worse. I want a frothing at the mouth anti-conservative liberal capable of 'knowing' conservatives have virtually destroyed our democracy from the economy to civil rights.

They say "pick your fights", but what bigger fight should we engage than a Supreme Court Justice?

Same with HC. We know only a single payer not for profit HC INSURANCE plan is reform and yet we can't even get a "public option" on the table which is a plan to prove it won't work so the private ins, comp. can continue their profiteering. Just like Medicare which Obama claims is a huge deficit...but he doesn't say that's because right now only the elderly and the disabled (two biggest drains on the HC system with the greatest need) are covered. That is what they will do to the "Public Option" plan...make sure only those most in need will get it so it will also become a deficit.

Stop appeasing the corporations and BE the people's government. Stop appeasing the minority opposition allowing them to abuse the filibuster as blackmail to prevent the majority from governing. The "change we can believe in" is being filibustered...a senate rule that the "people" never agreed to is leading to the "people" getting rid of the senate altogether.

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King Obama might just have anyone that voted against El Sotomayor marched out the door and punished very serverly. Mush like his name sake from Iraq.

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You didn't even try here. Come on now.

try again and do your name proud...

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Here, pound another shot, makes it easier to understand.

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It's funny you mention this, because I was just having lunch with King Obama (the one in Iraq), and he was saying--what was that? Excuse me, the voices in my head just told me it is time for my medicine. Gotta go.

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Wow! you have to give it to whomever is responsible for booking her...she's spewing bad policy everywhere...The era of negative is over...It's time to be smart, and collective in our thinking...

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Wow! you have to give it to whomever is responsible for booking her...she's spewing bad policy everywhere...The era of negative is over...It's time to be smart, and collective in our thinking...

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Long suffers from accomplishment envy, Northwestern Univ. Law School, although not shabby, isn't Yale. Cum laude instead of summa cum laude. The abundantly white girl with the Arian blonde hair doesn't like being bested by an "uppity" Latina, what Pat Buchanan would call "scrub stock." She probably feels that she had to work to go harder because she was white (if she were Carrie Prejean, she'd say because she's pretty), and that her place at Yale was taken by an affirmative action pick. Poor, poor white girl! Who could know that fate would deal you such a losing hand, to be born the child of a wealty real estate developer who could afford to pay your tuition at Dartmouth. Was that a legacy set-aside? My bet is it was. And it's not your fault that your family's country club memberships provided you with access that a poor Latina from the Bronx would never have. "But I wanted to go to Yale, Daddy. I wanted to go to Yale! It's not fair!"

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Long suffers from accomplishment envy, Northwestern Univ. Law School, although not shabby, isn't Yale. Cum laude instead of summa cum laude. The abundantly white girl with the Arian blonde hair doesn't like being bested by an "uppity" Latina, what Pat Buchanan would call "scrub stock." She probably feels that she had to work to go harder because she was white (if she were Carrie Prejean, she'd say because she's pretty), and that her place at Yale was taken by an affirmative action pick. Poor, poor white girl! Who could know that fate would deal you such a losing hand, to be born the child of a wealty real estate developer who could afford to pay your tuition at Dartmouth. Was that a legacy set-aside? My bet is it was. And it's not your fault that your family's country club memberships provided you with access that a poor Latina from the Bronx would never have. "But I wanted to go to Yale, Daddy. I wanted to go to Yale! It's not fair!"

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This clip shows how out of touch Wendy Long is with reality.

I will never understand the rationale behind attacking empathy, but then again, I have a conscience.

http://progressnotcongress.org/blog/?p=1465

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