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August 7, 2011

As federal judiciary gets more diverse, is sentencing jurisprudence likely to change?

The question in the title of this post is prompted by this new piece in the New York Times, which is headlined "For Obama, a Record on Diversity but Delays on Judicial Confirmations."  Here is how the piece starts:

President Obama made history when he nominated Sonia Sotomayor, the first Hispanic justice on the Supreme Court.  He did it again with his second nominee, Elena Kagan, raising the number of women on the nation’s highest court to three.

And Mr. Obama has also added judicial diversity further down the federal ladder.  His administration has placed a higher percentage of ethnic minorities among his nominees into federal judgeships than any other president.

So far, Mr. Obama has had 97 of his judicial nominees confirmed — compared with 322 for President George W. Bush and 372 for President Bill Clinton, who each served two terms. So far in Mr. Obama’s presidency, nearly half of the confirmed nominees are women, compared with 23 percent and 29 percent in the Bush and Clinton years.

Some 21 percent are black, compared with 7 percent under Mr. Bush and 16 percent under Mr. Clinton.  And 11 percent are Hispanic, compared with 9 percent under Mr. Bush and 7 percent under Mr. Clinton.  Of the nearly two dozen nominees awaiting a Senate confirmation vote, more than half are women, ethnic minorities or both.

Race is not the only measure of diversity under consideration by the administration — for example, J. Paul Oetken was the first openly gay man to be confirmed to the federal judiciary, in his case in the Southern District of New York.  Mr. Obama has presented three other openly gay nominees to the Senate as well.

Particularly when the focus is upon gender and racial diversity, I think it is very hard to identify a direct or tangible link between different persons serving as judges and a different type of jurisprudence in any specific area.  Nevertheless, now that there is a critical mass of Obama-appointed judges and especially now that some folks "in the criminal justice trenches" have likely had some extensive experiences with Obama's judges, I wanted to see if anyone has a distinct or distictive view on these matters.

August 7, 2011 at 04:43 PM | Permalink


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Grim news for the black male. In 1911, the KKK, a lawyer founded and run fraternal organization, had full legal immunity for the lynching of productive black males and the taking of their assets. People sent post cards from these extra-judicial assassinations as one might from the beach resort.

In 2011, the process has become far more efficient, stealthy, and deadly. The feminist lawyers are consolidating their powers over the judiciary through that male running dog of feminism, Barack Obama. So the KKK lynched 5000 people over 100 years, and took $millions in their assets. The feminist is allowing 5000 excess murders of black males each year, and is plundering $billions from our economy doing so. It is actively promoting bastardy and the destruction of the black family to grow the size of government and lawyer rent seeking. As the KKK was, feminism itself is a masking ideology for lawyer rent seeking.

Posted by: Supremacy Claus | Aug 9, 2011 5:46:46 AM

The KKK and its far more sophisticated and successful feminist lawyer are the terror arms of the Democratic Party, the party of large government.

Unsolved mystery. Why do Jews and blacks vote overwhelmingly for the enemy of their core values and even survival, the Democratic Party?

Posted by: Supremacy Claus | Aug 9, 2011 6:02:40 AM

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