Sotomayor Slams Controversial Remarks by Prosecutor

Bill Mears, CNN, February 25, 2013

Two members of the Supreme Court took the unusual step of speaking out over racially insensitive remarks by a federal prosecutor in a drug case, when rejecting review of the defendant’s appeal.

Justice Sonia Sotomayor wrote a strongly worded statement Monday, saying the prosecutor’s remarks about an African-American suspect were “an affront to the Constitution’s guarantee of equal protection of the laws.”

The prosecutor—whom Sotomayor refused to name—said during cross-examination of a drug conspiracy case: “You’ve got African-Americans, you’ve got Hispanics, you’ve got a bag full of money. Does that tell you—a light bulb doesn’t go off in your head and say, This is a drug deal?”

Sotomayor, the only Hispanic on the high court, agreed with the majority that the appeal should be rejected for a variety of procedural reasons, but was nevertheless adamant on her larger point.

“It is deeply disappointing to see a representative of the United States resort to this basic tactic more than a decade into the 21st century,” she said. “We expect the government to seek justice, not fan the flames of fear and prejudice.”

Most appeals are summarily rejected by the high court without comment. Those that do merit a brief written response typically involve a justice objecting to the denial of review. But here, Sotomayor and Justice Stephen Breyer supported the denial, and decided to take the next step and comment on the source of the controversy.

“I write to dispel any doubt whether the court’s denial of certiorari should be understood to signal our tolerance of a federal prosecutor’s racially charged remark,” said Sotomayor. “It should not.”

Bongani Calhoun was convicted of participating in a drug buy in Texas and given 15 years behind bars on various charges. The issue was whether he was a willing participant, or just happened to be present when others attempted to purchase narcotics from undercover federal agents.

{snip}

Sotomayor and Breyer also criticized the Justice Department for its initial, tepid reaction to the remarks, with officials telling an appeals court they were only “impolitic.” The solicitor general, the Obama administration’s top lawyer before the high court, later acknowledged the remarks were “unquestionably improper.”

“I hope never to see a case like this again,” concluded Sotomayor.

{snip}

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  • Unperson

    “I write to dispel any doubt whether the court’s denial of certiorari should be understood to signal our tolerance of a federal prosecutor’s racially charged remark,” said Sotomayor.

    Sotomayor knows the words “dispel” and “certiorari”?

    • bigone4u

      Her law clerk probably wrote them for her:-)

  • Snowhitey

    Looking at a childhood picture of Sotomayor, I do not think she looks Hispanic at all. Here, judge for yourself:

    http://en.wikipedia.org/wiki/File:Sonia_Sotomayor_13_age_six_or_seven.jpg

    • The__Bobster

      There are a lot of White Hispanics who think they’re Mestizos.

      • Jefferson

        If Sonia Sotomayor did a DNA test, I doubt very much that the results would say she is 100 percent European.

        Genetically the vast majority of Puerto Ricans are racial mutts, lots of studies have been done on the genes of Puerto Rican people.

        Puerto Rico was founded on racial miscegenation. Most of the Spaniards who colonized Puerto Rico were not racially aware White men who cared about preserving White purity.

        Most of the Spaniard men in Puerto Rico would bang anything that has a vagina. And in colonial Puerto Rico that meant sexual intercourse with Sub Saharan African women and Amerindian Taino women.

      • StillModerated

        Well, there are those cheekbones, but are they high enough to relate her to Elizabeth Warren?

    • NorthernWind

      She is probably White but why settle for White when you can label yourself a Hispanic/Latino and get benefits for it?

      • Jefferson

        Don’t be fooled by her light skin. Sonia Sotomayor is definitely a Mestiza, but of the lighter kind.

        I can tell Sonia Sotomayor is a Mestiza by her almond shaped eyes. All Mestizos have almond shaped eyes.

        http://upload.wikimedia.org/wikipedia/commons/e/ee/Sonia_Sotomayor_sonreir.jpg

        I notice that a lot of people on American Renaissance including yourself Northernwind, have a hard time telling light skin Mestizos apart from real Whites.

        I can easily tell them apart because I post on racial anthropology forums where we are obsessed with talking about different racial phenotypes. We have a keen eye for detecting Nonwhite admixture in people, even if it is subtle.

        • NorthernWind

          I don’t ever have to make that distinction because where I live there are no Mestizos. The only other pale skinned people around me are usually Koreans.

        • Grim

          “I notice that a lot of people on American Renaissance including yourself
          Northernwind, have a hard time telling light skin Mestizos apart from
          real Whites.”

          I have noticed that these AR folks are downright hostile to those of us with keen senses and will come after any of us who disparage their beloved self-chosen masters in any way.

          Until, and unless, these AR types stumbling around our land wake up and smell the gefilte fish we will go nowhere. Not only will we gain no ground we will continue to slide down the slope towards extinction.

          They better wake up and find their spines and wash out their media brainwashing or we are done.

          • R. Hess aka Prince of Peace

            So true. Race realism doesnt only apply to non-whites. Id say that one is not truly ‘wise’ unless he or she understands the who, what, where, when, how and why of how we have arrived at this sad state of affairs. If you can understand what I just said, then you are ‘wise.’ If you are scratching your head after reading this post, you are not ‘wise’ and have yet to graduate from Race Realism U. Id recommend starting your studies with an essay by Eustace Mullins called The Biological !#@. Figure it out. Thats all I can say without being banned/deleted.

            Amren is great. I enjoy the service that they provide. However, they do us all a great disservice by omitting the most important aspect that we should be discussing. Any yokel can bitch and moan about the blacks, browns, reds and yellows. Their overall incompatibility with American/Western life is obvious to anyone with ears to hear and eyes to see. They are mearly symptoms of our terminal disease. Our symptoms will reside only after the disease has been dealt with completely.

        • TheAntidote

          When the old wise fat latina first came upon the scene, I took the trouble to do the genealogical research. As far as I could tell from the U.S. Census schedules her grandparents all self-identified as “blanco”. I doubt very, very much the admixture you see is from an Amerindian source because very few Arawaks survived the Spanish arrival. Far more likely the old fat wise latina is descended primarily from Whites from the Canary Islands with a dollop of sub saharan African genes thrown in the pot.

          • Jefferson

            Who cares if her grandparents self identified as “White”. According to the census, 75 percent of the population in Puerto Rico is “White”. But the truth is, Puerto Rico is nowhere near 75 percent White.

            The vast majority of Puerto Ricans who self identified as “White” are racial mutts.

            The definition of “White” in Puerto Rico is very different than the definition of White in the U.S. In Puerto Rico light skin Mulatos like Suzanne Malveaux and Soledad O’Brien would be considered “White”.

            The Indian governor of South Carolina, Nikki Haley would be considered “White” in Puerto Rico. George Zimmerman would be considered “White” in Puerto Rico as well. Anybody who is not dark as midnight, can be considered “White” in Puerto Rico.

  • Major

    This is what happens and expected when you have two AA appointments to the SC. Not common sense or ruling on the law….fact is the lady refuses to even believe the FBI’s crime stats that clearly state the obvious.

    So much for the “enlightened Latino” with her panties in a knot.

    And Justice Stephen Breyer definitely need a testosterone boost too. A wimp, a phony and a life long liberal commie.

    • The__Bobster

      There are at least four justices that don’t belong there. Political appointments, pure and simple.

  • MekongDelta69

    I would expect nothing more from a NoBama racial appointee. Everything with minorites is RACE, RACE, RACE.

    We are ONE Supreme Court Justice away from preserving any vestige of what used to be America.

    Think about that…

    • The__Bobster

      Half a justice. There’s one who is now willing to sell out from time to time. I wonder what the elites have on him.

    • mistermark123

      lol… And the whites here don’t care about race?

  • dukem1

    She hopes never to see a case like this again…Well, good luck with that.

  • Eagle_Eyed

    No she’s right. I’m sure the black and hispanic young men were just on their way to donate money they had legally obtained to charity.

    • bluffcreek1967

      Thanks Eagle, you spared me too from jumping to all the wrong conclusions.

    • John

      When will the madness end? The modern day story of America reads like a very badly written fiction novel, complete with fake props, imaginary situations, terrible dialog, and absurd ideas; all come to life!

      The sad truth is that The United States of America would be far better off if the “wise latina” were barefoot and illegitimately pregnant in the kitchen of a Mestizo bordello south of the border, serving Mexican drug lords, instead of masquerading as an affirmative action SCOTUS “justice”, for Heaven’s sake. Of course, how much worse can she make our country with Chief Justice Roberts, John Boehner, and friends in Muslim Soetoro’s hip pocket?

      It’s all a game my friends. The government is owned and operated at all levels by the owners of the world’s central banks. We’re lower pawns in the game.

  • Tom Iron

    Interesting that this sow would worry out loud about an “affront to the constitution” with her record…

    • NorthernWind

      Indeed. She has never given a damn about the constitution. It’s so typical of liberals to pick and choose.

      • 48224

        That’s because she’s a wise latina

        • bluffcreek1967

          No, she’s a fat latina.

    • Dr. X

      If she’s so concerned about the Constitution, I’ll be eagerly waiting for her to hear a gun control case and declare that gun control is an “affront to the Constitution”… ya think I should hold my breath on that one???

    • WHERE AND WHY THE BEEF FROM SOTO

      Judge Soto has admitted that not for Affirmative Action she would not even be a lawyer let alone a judge. So where does she come off speaking like a Lord to a real lawyer who got the the Court with hard work. Soto should resign from that despicable and disgraced court.

  • NorthernWind

    “We expect the government to seek justice, not fan the flames of fear and prejudice.”

    Oh now that it rich! The US government has become a big joke.

  • bigone4u

    The prosecutor’s remarks were probably made during opening or closing statements during a criminal trial. I can attest to the fact that prosecutors will jump all over anything to convict anyone–white, male, female, black, Hispanic, asian. It’s about appealing to a jury’s emotions to win the case. A prosecutor will imply you are Satan incarnate to win a jaywalking conviction.
    *
    Since crime statistics back up the prosecutor’s race-based comments, I say that Sotomayor and Breyer should be CENSURED by their colleagues on the Court for their remarks from the bench. Prosecutors should have leeway to make such comments, just as defense attorneys should have the right to refute them if they can.

  • jay11

    Sotomayer does not belong on that bench. It makes a mockery that someone was chosen SPECIFICALLY because of their race, gender and ethnicity, rather than their legal brilliance and fair-mindedness.

  • Tom Iron

    I’m no nut doctor, but I think this woman is insane.

  • StillModerated

    “We expect the government to seek justice, not fan the flames of fear and prejudice.” WRONG!

    Right now, I’d be selling them the fans. Bring it on! So-called “progress” has not worked out very well.

  • Luca

    Hey, old wise latina, newsflash, it’s called freedom of speech. Look it up. It’s also called common sense, but don’t look that one up, it’s too complex for you to understand.

    • NM156

      What white suspect wouldn’t be charged if he or she were with drug dealers or traffickers at the time of the bust? Sotomayer therefore advocates cutting loose traffickers and dealers who just happen to not have evidence on them or in their vehicle, a practice that runs counter to the law. The USSC is now the World’s most powerful kangaroo court.

  • NeanderthalDNA

    “I write to dispel any doubt whether the court’s denial of certiorari should be understood to signal our tolerance of a federal prosecutor’s racially charged remark,” said Sotomayor. “It should not.”

    Free speech – NOT TOLERATED!

  • Diamond_Lil

    If not a drug deal, what would a bag full of cash, two blacks and Hispanics involve exactly? Sotomayor didn’t provide a reasonable, alternative, innocent explanation – because there isn’t one.

    • Unperson

      Uh, maybe the hispanics are art collectors, and they were buying rare African carvings and masks from the blacks. Yeah, that’s it, the hispanics were acquiring expensive objets d’art from Africa for their collections.

      I should have been a trial attorney.

      • Diamond_Lil

        That’s it!

  • Snowhitey

    In the photo I posted the link for, I think she looks more Jewish than Hispanic. I guess no one else thinks so.

    • IstvanIN

      Morrano or not, she is still unattractive and unqualified. Oh, and racist.

  • NM156

    The real shocker to the liberal courts should be that Blacks and Hispanics are still committing crimes vastly disproportionate to their numbers after 50 years of civil rights and affirmative action. Sotomayer, like others of her kind, doesn’t notice when others of her kind are running amok or just ignores it completely.

  • Glickstein44

    Obviously they were collecting money to give to a charitable organization that helps poor disadvantaged White children…oh wait,there is no such organization…hmmmm

  • Bon, From the Land of Babble

    remarks about an African-American suspect were ‘an affront to the Constitution’s guarantee of equal protection of the laws.’

    “What should American culture and society look to as the source for just laws?”

    —Supreme Court Justice Sonia Sotomayor

    To Ginsberg, Sodajerk, Kagan, obama, Reid, Feinstein, et.al, the Constitution is nothing more than a roll of toilet paper. These people, along with the msm continue to trash the Constitution.

    Sodajerk is a blackrobed commie slug. Her remark about “wise latina” should have disqualified her on the spot.

    Worst nominee in SCOTUS history… until Kagan.

    Bon

  • odious liberal

    Hey Sonia, they are “your people” deal with it.

  • LHathaway

    “The issue was whether he was a willing participant, or just happened to be present when others attempted to purchase narcotics from undercover federal agents”.

    15 years for riding in a car? Nothing wrong with that except racist remarks. . . imagine how long they would lock up an actual racist?

  • freddy_hills

    “You’ve got African-Americans, you’ve got Hispanics, you’ve got a bag full of money. Does that tell you—a light bulb doesn’t go off in your head and say, This is a drug deal?”

    Well, there were “african americans”. There were “hispanics”. There was a “bag full of money”. And it was a “drug deal”.

  • Michael_C_Scott

    When we want smart-mouthed comments out of a judge, we will beat them out of her.

    • 5n4k33y35

      I don’t like her either, but your comment is like that of a frustrated, anti-intellectual negro in its futile, impotent rage.

      • Michael_C_Scott

        Wrong. I don’t have a good job and never will.

        • 5n4k33y35

          I’m pretty sure I’m on that list too, since 2006. Even so, you don’t see me making statements which can impugn my cause. For the sake of the rest of us, don’t be so self indulgent. If you quit being so angry, maybe your fortunes will take a turn for the better.

  • good call

    “You’ve got African-Americans, you’ve got Hispanics, you’ve got a bag
    full of money. Does that tell you—a light bulb doesn’t go off in your
    head and say, This is a drug deal?”

    Sounds like the Puerto Rican girl be taking up for her homies …

  • Sotomayer is a colored sow.

  • property of opoopa

    Property of Obama is hot iron branded on that big fat smelly butt of hers.

  • JohnEngelman

    Two members of the Supreme Court took the unusual step of speaking out over racially insensitive remarks by a federal prosecutor in a drug case, when rejecting review of the defendant’s appeal.

    – Bill Mears, CNN, February 25, 2013

    It is worth mentioning that the defendant’s appeal was rejected.

    Nevertheless, the truth can be insensitive. I doubt many liberals genuinely disagree with books like The Bell Curve. They think that drawing attention to the importance of genes, IQ, and race is like going to a Georgetown dinner party and mentioning that the hostess worked her way through Vassar as a call girl.

  • 5n4k33y35

    First the Supreme Court needs to end “Affirmative Action” racial quotas and allow freedom of association. Until then, I don’t want to hear a peep out of anyone complaining about insensitivity.

  • 1proactive2

    Far too much reality for this hispanic affirmative action judge to digest. Understandable.

  • SFLBIB

    Hey, waitaminnit. Wait just one cotton-pickin’ minnit. Didn’t the courts hold that higher prison sentences for certain kinds of drugs were unconstitutional because they had a “disparate impact” on minorities [a tacit admission they used more]? So wouldn’t the scenario described be a reasonable indication that a drug deal was in progress?