Category Archives: News

Everything you need to know about the SCOTUS pick

If you haven’t already bookmarked Verum Serum, now is the time to do it.

Verum Serum’s May 3rd post discussed Obama’s SCOTUS pick, Sonia Sotomayor.

The post features this video of the nominee from a Duke University panel in 2005.

Quote from the video: (H/T Heritage Foundation via Commenter ECM)

“All of the legal defense funds out there, they’re looking for people with Court of Appeals experience. Because it is — Court of Appeals is where policy is made. And I know, and I know, that this is on tape, and I should never say that. Because we don’t ‘make law,’ I know. [Laughter from audience] Okay, I know. I know. I’m not promoting it, and I’m not advocating it. I’m, you know. [More laughter] Having said that, the Court of Appeals is where, before the Supreme Court makes the final decision, the law is percolating. Its interpretation, its application.

Verum Serum’s May 5th post has some quotes from a speech she gave at UC Berkeley, at a conference sponsored by the Berkeley La Raza Law Journal.

Here’s one of the quotes from Verum Serum:

Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases…I am also not so sure that I agree with the statement. First, as Professor [Martha] Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn’t lived that life. (emphasis added)

Nice Deb comments: “Imagine the hue and cry if a white male had said that about a Hispanic female.”

And one more from Verum Serum:

I willingly accept that we who judge must not deny the differences resulting from experience and heritage but attempt, as the Supreme Court suggests, continuously to judge when those opinions, sympathies, and prejudices are appropriate.

There is always a danger embedded in relative morality, but since judging is a series of choices that we must make, that I am forced to make, I hope I can make them by informing myself on the questions I must not avoid asking and continuously pondering. We…must continue individually and in voices united in organizations that have supported this conference, to think about these questions and to figure out how we go about creating the opportunity for there to be more women and people of color on the bench so we can finally have statistically significant numbers to measure the differences we will and are making.

You need to click through and read the rest of the quotes. Heritage Foundation has more quotes from the same speech, and some other quotes from her published papers.

Here’s one of the additional quotes from her published work:

The constant development of unprecedented problems requires a legal system capable of fluidity and pliancy. Our society would be strait-jacketed were not the courts, with the able assistance of the lawyers, constantly overhauling the law and adapting it to the realities of ever-changing social, industrial and political conditions; although changes cannot be made lightly, yet law must be more or less impermanent, experimental and therefore not nicely calculable. Much of the uncertainty of law is not an unfortunate accident: it is of immense social value.

The Heritage Foundation has more here, on their rapid response page.

And what about her judicial temperament, which is of critical importance?

John Lott has this quote on his blog from the Almanac of the Federal Judiciary:

Sotomayor can be tough on lawyers, according to those interviewed. “She is a terror on the bench.” “She is very outspoken.” “She can be difficult.” “She is temperamental and excitable. She seems angry.” “She is overly aggressive–not very judicial. She does not have a very good temperament.” “She abuses lawyers.” “She really lacks judicial temperament. She behaves in an out of control manner. She makes inappropriate outbursts.” “She is nasty to lawyers. She doesn’t understand their role in the system–as adversaries who have to argue one side or the other. She will attack lawyers for making an argument she does not like.”

And how smart is she?

Here’s Eric Posner writing on the Volokh Conspiracy blog:

The most complete effort so far to evaluate federal appellate judges is this paper by Stephen Choi and Mitu Gulati. Choi and Gulati use data from Lexis to measure three aspects of the judge’s performance—productivity, opinion quality, and independence.

…To determine how Sotomayor would do in the ranking, I had some research assistants collect her data for the years 1999-2001. To address the “freshman effect” (the possibility that her statistics are worse for her earliest years because of inexperience), we also looked at her data from 2006.

Productivity. Judges write opinions, which provide guidance to lawyers and the public. All else equal, a judge who writes more opinions is more productive, and provides a greater social benefit. Over the three year period from 1998 to 2000, the most productive judge published 269 opinions, the least productive judge published 38 opinions, and the mean was 98.1. For the comparable period from 1999-2001, Judge Sotomayor published 73 opinions. She would have ranked 68th out of 98.

Quality (1). Choi and Gulati measure quality by counting citations to a judge’s top twenty opinions… The range is 96 to 734, with a mean of 277.9. Judge Sotomayor’s statistic is 231, which would place her 59th.

Quality (2). Judge Sotomayor’s opinions from 1999-2001 were cited 289 times in law reviews and other legal periodicals through May 31, 2004… Sotomayor would have ranked 65th.

Quality (3). Choi and Gulati also check what they call “invocations”—the frequency with which opinions written by other judges refer to the judge in question by name… Invocations range from 0 to 175 (excluding two outliers, the highest is 23), with a mean of 32. Judge Sotomayor was invoked 0 times (tied for last).

Independence. Judges should decide cases in a non-partisan way… A score of 0 means that a judge is just as likely to disagree as agree with a co-partisan (or opposite-partisan). Negative scores mean that a judge is more likely to agree with co-partisans. Judge Sotomayor’s score is -0.153 …which would have placed her 55th.

And how liberal is she?

Wendy Long at Bench Memos has that angle covered.

Judge Sotomayor is a liberal judicial activist of the first order who thinks her own personal political agenda is more important that the law as written. She thinks that judges should dictate policy, and that one’s sex, race, and ethnicity ought to affect the decisions one renders from the bench.

She reads racial preferences and quotas into the Constitution, even to the point of dishonoring those who preserve our public safety. 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. The Supreme Court is now reviewing that decision.

She has an extremely high rate of her decisions being reversed, indicating that she is far more of a liberal activist than even the current liberal activist Supreme Court.

Isn’t there are word to describe a person that discriminates against people based on their race?

Verum Serum has a video of the White House and left-wing media responses to these shocking challenges to the pick. Charles Shumer warns the GOP not to oppose her in this video at Hot Air. Michelle Malkin and Gateway Pundit go over her liberal credentials in detail.

How religious faith drives the delusion of Darwinism

Commenter ECM alerted me to Cornelius Hunter’s new blog “Darwin’s God”. Cornelius is a software engineer like me who rose up the ranks of the firm through “sweat equity”, and was able to eventually pursue a PhD in Biophysics from the University of Illinois. I have his first book “Darwin’s God” and I read it. His thesis is basically that theological beliefs about what God would and would not do are the driving force behind evolution.

Evolution and the problem of evil

Here is his latest post about a debate that occured at Westminster Abbey between an atheistic evolutionist and a theistic evolutionist.

Here’s what the theistic evolutionist said:

Alexander is a theist and Jones an atheist. But they both agree that God would not have created what we find in this world. Everything from programmed cell death to the extinction of so many species and the food chain points to a massive economy of death in nature. With this sort of evidence, “What kind of a designer,” asks Alexander, “are you going to end up believing in?

…According to Alexander, this problem of death and evil does not leave much room for a divine creator. Alexander concludes that God did not create the details of the world. He is thus absolved of the world’s many evils. He implemented a framework of sorts, but let unguided processes do the rest.

And here’s what the atheist evolutionist said:

As with Alexander, Jones also finds that biology does not meet with his expectations of divine creation. “The feeblest of designer,” Jones has written, could improve the design of the human eye. This and other examples, says Jones, shows that complex organs are “not the work of some great composer but of an insensible drudge: an instrument, like all others, built by a tinkerer [i.e., the evolutionary process] rather than by a trained engineer.” As with Alexander, Jones’ religious sentiment mandates some sort of evolution to be true.

So let’s think about what causes people to become evolutionists, beyond the normal answers of peer-pressure, career preservation, wanting to be thought of as smart, wanting to rebel against parents, wanting to have sex and drink alcohol, etc. Is it about science? No. It’s about knowing what God would do and observing that the world does not correspond to these ideas of what atheists think God would do.

Remember that post I wrote a while back about Christopher Hitchens’ case against God. None of his arguments against God were based on evidence, but only on his personal preferences. God wouldn’t have done it that way. God should have done it this way. I don’t like this theology. I don’t like that feature of the universe. It’s just a long-running temper tantrum against any kind of authority, regardless of the evidence.

Here’s Dawkins explaining how unobservable aliens must ave evolved, even if Dawkins doesn’t have any evidence:

He doesn’t even need to see the evidence that we evolved. He knows that God wouldn’t have created the life this way, and so the evidence is irrelevant.

Evolution and the problem of sub-optimal design

Another way that assume that evolution is true, other than childhood trauma and the desire to be morally evil, is by assuming that if material forces did not do the creating, then the design must be optimal. Now I am a software engineer, with undergraduate and graduate degrees, a published paper that I presented at the IEEE and a patent in wireless technology. My specialty is architecture. So I will tell you.

There is no such thing as an optimal design.

As part of my graduate course work, I had to study the work done at the Software Engineering Institute at the Carnegie-Mellon University. They have invented an entire methodology for designing software based on analyzing trade-offs between alternative architectural candidates. They use use case scenarios, disaster scenarios, maintenance scenarios and other scenarios in order to evaluate how well each architecture performs.

All of the architectures can satisfy the so-called “functional requirements”. But the architectures differ in their ability to satisfy non-functional requirements, the “-ilities”. These can include performance, maintainability, security, extensibility, testability, simplicity, re-usability. This is the bread and butter that software engineers like me have to deal with every day.

Here’s an excerpt from a related post from Uncommon Descent:

It is simply impossible for one architecture to have all the “ilities” because many conflict. For instance, if I want high “security” I am going to have to give up a good deal of “interoperability”. A large part of architecture is actually deciding what you are going to give up, which incidentally affects how the architecture can change in the future (i.e. usually it cannot “evolve” to conform to different “ilities”). This is all still fairly new, but we are now able to judge architectures in terms of the “ilities” they match and the “ilities” they do not match. A better understanding of the conflicts between certain “ilities” is gradually developing.

When I worked in the embedded space on operating systems like VxWorks, we regularly traded-off memory against speed. It’s the nature of the engineering business. And make no mistake – God is a software engineer. He writes code.

Conclusion

Hunter’s article concludes with this:

Have the theists sold out? Have the theists been duped? Are they afraid to stand up for themselves? Are the atheists taking over? No, no, no, and no. The theists and atheists are united in their religious beliefs about God and how he would interact with the world. They may have their differences, but regarding evolution those differences are irrelevant. Their shared religious convictions mandate evolution. Religion drives science and it matters.

I have an idea. Let’s keep religion out of science and decide how we really got here, no holds barred. Instead of blocking debates and persecuting dissent, let’s actually have a debate about origins, and not rule intelligent causes out before we look at the evidence.

Further study

Atheist responses to scientific arguments for theism are fun to understand. Atheists attribute the beginning of the universe to untestable theories and the fine-tuning to an unobservable multiverse. (And don’t forget their lame responses to galactic, stellar and planetary habitability arguments)

North Korea conducts second nuclear test, Obama sternly disapproves

Story from the New York Times. (H/T Stop the ACLU)

Excerpt:

North Korea announced on Monday that it had successfully conducted its second nuclear test, defying international warnings and drastically raising the stakes in a global effort to get the recalcitrant Communist state to give up its nuclear weapons program.

Word of the test sent a shudder through Asian financial markets and clearly caught South Korea and the United States off guard. The news hit just as South Korea’s government and people were mourning the suicide of former President Roh Moo-hyun. And hours after the test was reported, South Korean state media reported that the North had fired a short-range missile.

Stop the ACLU has reactions from around the blogosphere.

  • Michelle Malkin: Emergency wrist-slap to follow.
  • Ameripundit: Clearly this situation calls for additional appeasement. Oh, and a speech on how the United States should eliminate its nuclear weapons stockpile.
  • Ace of Spades: This failure of diplomacy clearly shows the need for more diplomacy…. missile defense remains unproven.

Obama who recently cut missile defense funding, and defunded our nuclear weapons program, has issued this sternly-worded statement of appeasement to the communist dictator. Democrats, what did you expect? Did you even try to assess his voting record and qualifications during the election? This was all as plain as day to anyone who could be bothered to read about Obama before his election.

What about Hugo Chavez?

The Washington Post also reports on Obama’s very good communist friend Hugo Chavez. (H/T Stop the ACLU, Nice Deb)

Excerpt:

WHILE THE United States and Venezuela’s neighbors silently stand by, Hugo Chávez’s campaign to destroy his remaining domestic opposition continues. On Thursday night state intelligence police raided the Caracas offices of Guillermo Zuloaga, the president of the country’s last independent broadcast network, Globovision. They claimed to be looking for evidence of irregularities in the car dealership that Mr. Zuloaga also runs. In fact this was a thinly disguised escalation of an attack that Mr. Chávez launched this month against Globovision.

In February Mr. Chávez eliminated the limit on his tenure as president after a one-sided referendum campaign that included ugly attacks on Venezuela’s Jewish community. Since then he has imprisoned or orchestrated investigations against most of the country’s leading opposition figures, including three of the five opposition governors elected last year. The elected mayor of Maracaibo, who was the leading opposition candidate when Mr. Chávez last ran for president, was granted asylum in Peru last month after authorities sought his arrest on dubious tax charges. The National Assembly, controlled by Mr. Chávez, is considering legislation that would eliminate collective bargaining and replace independent trade unions with “worker’s councils” controlled by the ruling party. Another new law would eliminate foreign financing for independent non-government groups.

Obama can’t object, because that’s what his Democrat constituents approve of doing with the right in this country.

What about Ahmadinejad?

If you can’t remember his name, think of “I’m mad in a Jihad”. Remember, Iran recently tested medium range missiles capable of hitting Israel.