Judging the Judge: Day 2 of the Sotomayor Hearings

Hearings for the Supreme Court Nominee Sonia Sotomayor continued today, with senators beginning the meat-and-potatoes of the hearings: questions.

Senator Patrick Leahy, D-VT, Chair of the Judiciary Committee, started the proceedings with a question about the Second Amendment, a topic on which Sotomayor continued to field questions throughout the day. "I've owned firearms since my early teen years," Leahy said. "I suspect a large majority of Vermonters do. I enjoy target shooting on a very regular basis at our home in Vermont." He asked about the distinction regarding whether Second Amendment rights are "fundamental" or "personal" (apparently, there's a difference) but overall got through his questions without incident.

All the Republican senators continued to attempt to paint Sotomayor as an activist judge who made rulings based upon her personal biases. Senator Jeff Sessions, R-AL, got in some trouble with his aggressive questioning, but Senator Jon Kyl, R-AZ, seemed to really get to the heart of all the allegations against the Judge and for the first time, Sotomayor responded directly to the "wise Latina" comment. 

"The words I chose, taking the rhetorical flourish, it was a bad idea," she said. " I do understand that there are some who have read this differently, and I understand why they might have concern.

"But I have repeated -- more than once -- and I will repeat throughout, if you look at my history on the bench, you will know that I do not believe that any ethnic, gender or race group has an advantage in sound judging. You noted that my speech actually said that. And I also believe that every person, regardless of their background and life experiences, can be good and wise judges."

Kyl respectfully accepted this.

But Senator Orrin Hatch wins the Most Awkward Questioning award. He, like many of his other colleagues, decided to talk about the second amendment, and got into a very detailed discussion with Sotomayor regarding Maloney v. Cuomo:

HATCH: As a result of this very permissive legal standard -- and it is permissive -- doesn't your decision in Maloney mean that virtually any state or local weapons ban would be permissible?

SOTOMAYOR: Sir, in Maloney, we were talking about nunchuk sticks.

HATCH: I understand.

SOTOMAYOR: Those are martial arts sticks.

HATCH: Two sticks bound together by rawhide or some sort of a...

SOTOMAYOR: Exactly. And -- and when the sticks are swung, which is what you do with them, if there's anybody near you, you're going to be seriously injured, because that swinging mechanism can break arms, it can bust someone's skull –

HATCH: Sure.

He finished it off with, "I want you to know I've appreciated this little time we've had together."

And yet, even Hatch's nunchuks could not compare to Senator Grassley's reaction when a protester began shouting during one of Sotomayor's reponses to Grassley's questions.

Senator Leahy, Chair of the Judiciary Committee, banged his gavel right away and said, "Officer, remove that man immediately. We will stand in order – Officers, you will remove that man!" (The officers removed the man.)

Leahy joined in the audience's laughter. He reiterated his mantra of respect and order in the court, then turned to Senator Grassley again. "Senator Grassley, we did stop the clock, so it did not take away from your time."

Grassley responded, "Thank you. People always say I have the ability to turn people on."

Understandably, it took a couple minutes for the giggles over that one to die down, and even Sotomayor, wiping the tears from her eyes, said, laughing, "I hope I remember where we were."

Despite momentary lapses in etiquette, general tranquility, and (in some cases) sanity, there seemed to be a camaraderie forming between Sotomayor and the senators, even those who will likely vote against her. The relative civility in what could be a terribly chaotic process of choosing a Supreme Court Justice, involving all three branches of government, speaks well of our legislative and judicial system. We may not all agree that citizens should be allowed to swing numchuks around the Washington D.C. greater metropolitan area, but at least we're not in Iran.

Read the full transcript HERE. Watch the hearings live if you can wake up at 6:30am Pacific Time.

Who Wants to Be a Supreme Court Justice? Part I

Judge Sonia Sotomayor, President Obama's nominee to replace Justice David Souter on the United States Supreme Court, today endured the first of what will be many days of confirmation hearings before the Senate Judiciary Committee. [This is the lady who, if confirmed, will have the power to make decisions on such sizzling issues as abortion, stem-cell research, and perhaps even gay marriage.]

Each Senator on the committee made an opening statement, with Senator Patrick Leahy, D-VT, presiding over an assembly of 19 lawmakers. These included our very own Dianne Feinstein, D-CA, Arlen Specter, Republican-turned-Democrat-because-his-reelection-chances-were-higher-PA, and Al Franken, D-MN, who drew some appreciative laughter with his remark, "As most of you know, this is my fifth day in office."

Sotomayor's now-famous "wise Latina" remark  got an indecent amount of airtime, mostly in opening statements from Republicans, almost all of whom voiced "concerns" with Sotomayor's comments which suggest a bias towards certain groups. Some GOP senators even criticized President Obama for his advocacy on behalf of "judicial empathy." However, Lindsey Graham, R-SC, said in his opening statement, "Unless you have a complete meltdown, you are going to be confirmed."

Graham's opening statement was, in my opinion, rather garbled and certainly heavy in folksy language. He started off on the right foot with "No Republican would have chosen you, Judge; that's just the way it is." He proceeded to reference conservative Judge Miguel Estrada, a Honduran immigrant whom George W. Bush nominated to the D.C. Circuit Court of Appeals in 2001. Graham seemed to be trying to make the point that because there exist both conservative and liberal Hispanic justices, Judge Sotomayor's ethnicity is not the issue at hand; rather, it is a question of Republican vs. Democratic ideals, but managed to pour out a stream of vaguely ethnically insensitive phrases.

Judge Sotomayor also made a brief opening statement. In the face of so many allegations concerning her impartiality and bias, she stated, "In the past month, many Senators have asked me about my judicial philosophy.  It is simple: fidelity to the law."

Much much more will come on this topic as hearings continue and this blog will include updates and summaries throughout the week. Watch the hearings live on C-SPAN.

On Sleeping Late

I love going to bed late. Unfortunately, I hate waking up late. Therefore, I am perfectly suited to a job as a CEO of a very small startup company, Barack Obama, or a sanitation worker (read: garbageman) who also works the late shift as a bartender.

My aversion to awakening when the sun is already halfway across the sky may not be shared by many of my fellow high school students, who may prefer to raise their head from a pillow just before dinnertime or, indeed, not at all.

Waking up late and feeling good about it requires a confidence that nothing worthwhile ever goes on while you’re not conscious and able to participate. Be it an important email you’re expecting, your family’s spontaneous decision to go to Six Flags without you, or even just breakfast, there is always the anxiety of missing something by sleeping in.

On the other hand, sleeping in is the main attraction of summer, and, based on a voluntary poll, most of my peers are either able to overcome the fear of missing some vital morning event or just don’t really care what happens while they’re unconscious.

In summer, on average, Paly students hit the sack at 10:54pm. During the school year, the average bedtime is 11:24pm. This serves to dispel the myth that, when given the chance, teenagers stay up until all hours of the night behaving dangerously. (Well, I can’t vouch for that last part, but still.)

Students wake up around 9:30am in the summer but 6:48am during the year. This means that the majority of the discrepancy between total hours of sleep in summer and during the year is based upon wake-up time, not bedtime.

Given freedom, the majority of students sampled would go to sleep earlier than they do during school and wake up later. Later start times for school would not, contrary to popular opinion, encourage late night parties, or somehow let the kids know that the administration is “giving in” to their reckless teenage lifestyle. We wouldn’t party; we’d sleep.

During the year, the average Paly student gets seven hours of sleep. During the summer, he or she gets ELEVEN.

And it helps, too. “I can feel myself being way less tired in the morning,” said a junior girl. A sophomore confirmed, “It feels weird because during the school year I'm always having to keep myself awake during class and it distracts me, but now [in summer] I don't feel tired and everything I do feels so focused.”

Some Paly students also share my own affinity for waking early. “I wish I could sleep until noon but then I feel like I wasted my day,” said a junior girl. A junior boy said “I really like waking early because nobody is awake, it's dark, and I can get things done.”

The National Institute of Health says teenagers need nine or more hours of sleep. So do like the nice Surgeon General tells you and just sit back, relax, and take a nap.

21st Century Skills: The Movement

This short video is part of a research project about 21st century learning for Congresswoman Anna Eshoo's Student Advisory Board. A copy is currently en route to the White House.

LINK TO THE YOUTUBE VERSION

Obama Cabinet Member Speaks - and Listens - in San Francisco

With "listening tours" replacing "speaking engagements" as the most sophisticated method of gaining recognition and popularity, US Secretary of Education Arne Duncan is keeping in vogue.

Duncan, who stands around 6ft 5, gave a brief speech and answered student questions at the San Francisco School Alliance Luncheon at the San Francisco Palace Hotel on Friday.

Our new educator-in chief has an competent and reassuring aura, although his rhetoric lacks the inspirational quality that brings crowds to their feet cheering. He spoke apparently extemporaneously in his address to the assembled educator and his answers to students’ questions.

Duncan, who played professional basketball in Australia after finishing his American education, spoke sternly about the state of the California educational system. “I ask you, is California going to lead the race to the top or are you going to lead the retreat?” he said.

The recent failure of budget measures designed to bail California out of the state budget crisis will mean deep cuts and layoffs for education. In fact, according to an informational video at the luncheon, California ranks #1 in the nation in prison spending and #49 in public school spending.

“Rahm Emanuel has a great quote: ‘Never waste a good crisis,’ ” Duncan said. “California must use this crisis to drive the kind of change we need.”

The secretary ticked off some of the major challenges facing the California education system, including the achievement gap, dropout rates, and dumbed-down standards.

“Too many states are lying to children,” he said, emphasizing that fulfillment of the current “standards” is not an indication of true readiness for higher education. However, Duncan warned against simply adding more standards to the list. “Higher standards doesn’t mean more standards,” he said. “Fewer, higher, clearer standards, I think, make a lot of sense.”

Duncan also took the opportunity to offer his opinion on reform of No Child Left Behind, the Bush-era education policy that made public school funding dependent upon test scores. He said NCLB was sometimes too quick to label schools as failures: “It’s demoralizing, and it’s wrong.”

The secretary endeavored to end his remarks on an inspirational note. “We’ve lacked the political courage and will to do right by our children,” he said. “I challenge you all to find that courage and political will.”

Duncan fielded questions from San Francisco high school students about financial aid, SAT preparation, AP classes, and undocumented immigrant students. He answered most of them quite thoroughly. “I have two questions, but they’re quick,” one student said. “First: Who wins the pickup games - President Obama or you?” Duncan replied, “What’s the second question?”

San Francisco Superintendent Carlos Garcia also made remarks at the luncheon. A fiery and dynamic speaker with a passion for social justice, Garcia, when talking about the achievement gap, went so far as to say that the school system “unfortunately has some elements of institutional racism.” He recalled how because he started school speaking only Spanish, he was placed in classes for mentally and developmentally disabled students.

“Acceptance of the achievement gap is unacceptable,” he said. “It’s time to shut up and start doing.”

Blogging the 2009 STAR

Filling in bubbles on a sheet of paper rarely sparks the flow of any creative juices, but there was something inspiring about hearing my normally fairly intelligent teacher say, “Look at the name in Section 1 on the front page of your answer document. If your name is not there, please raise your hand” for the eighth time.

The vast amounts of unstructured time fostered a certain awareness of my surroundings I guarantee I never would have had if iPods were allowed. 

Here for your pleasure (or disdain) are some intricately detailed and thoroughly ordinary moments as recorded (and embellished) by myself and a few of my classmates.

She was blonde. She sat propped against the wall, legs crossed casually. Her hair was swept into an elegant bun, a few locks tumbling down to brush her tanned shoulders, which were hidden by her aged and well-loved black jacket. Her laptop keys clicked as she glanced around the room, recording her world.

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Her lips moved silently to the song only she could hear. Bent over her sketches, she turned her head this way and that, trying to find new eyes. The pearls sat in her ears next to the white earphone. She began to sketch.

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Her feet tapped against the ground to the rhythm of the music in her head. Her hand supported her chin thoughtfully as she glanced over her shoulder. Her legs formed artfully acute angles to the ground until she stretched them. She sighed, disturbed by the topic of her book. (The book was Hitler and the Nazis.)

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He was watching them. His flip-flops tapped on the ground at uneven intervals. Impatiently. When they glanced up at him, he quickly turned and pretended he had been opening a packet of trail mix the whole time. His eyes snapped to the teacher. And he began watching again.

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She sat sideways in her chair, nonchalantly cracking another bite off her half-eaten apple. She jotten down a few notes, one hand steadying her paper and the other on her pen. Her teeth held the apple firmly in place, her eyes daring it to fall. It didn’t. She slid her phone from her pocket and began to text.

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Her legs were crossed unconcernedly, her flip-flop dangling absentmindedly from her toes. Her hand went repeatedly to smooth her hair. Flipping it over her shoulder, she made a witty comment. She kept raising her voice, laughing louder than needed, waiting for them to turn their heads.

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Sitting in the chair, she stared up at the ceiling. Casually looking around the classroom, her eyes always darting back to the clock. Her expression was bored. But as the toxic Sharpie smell spread throughout the classroom and reached her nose, she snapped alert. Her eyes, idle no longer, swept the room for the source and the culprit.

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She slept.

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He stood up, sliding between the chairs blocking his path. He wasn’t needed, so he slid back down, waiting. When she tossed his essay on the desk in front of him, he took a look and smiled ruefully. His friend grabbed the report, glanced at the grade and threw him an apologetic look. He shrugged, a self-conscious smile still playing on his lips, and turned back to his thoughts.

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The flowers on the table lay wilting, forlorn, trailing into the white icing on the cake. Her head, covered by the hood of her green jacket, rested on her arm. Every so often, without looking up, she would slide her hand to the left to sneak a fingerful of icing.

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And the bell rang.

Note: This article is based upon factual events, but does not strictly adhere to the constraints of reality. Any resemblance of characters to actual persons is almost entirely accidental (except in maybe a few cases). But if you think you’re in this article: hey! That’s pretty cool.

Candidate Comparison

High school government is traditionally focused on school spirit and planning enjoyable activities for the student body. Rarely does the occasion arise that a student brings a broader social issue to light before announcing his or her candidacy; indeed, high school candidates tend to announce and then endeavor to prove themselves to voters.

But this could be the year that everything changes.

Candidate #1: Kevin Ward (sophomore) is well-known for his advocacy for equality of minority groups at Paly. 

As a member of freshman TEAM, Ward was not able to run for student government his freshman year, but took an active role in ASB this past year. After running unsuccessfully for the sophomore vice-presidency, Ward applied for the position of Sophomore Site Council Representative and was successful. 

During his time in office, Ward created the new ASB office of Diversity Commissioner, a post he has filled and will continue to fill for the remainder of his term. 

Ward's Facebook campaign page (Kevin Ward for ASB President) has 316 members.

Ward is head of the Paly UNITY club and was featured in the recently released film "Not in Our Town" by the Working Group.

Candidate #2: Olivia Diamond (junior) has been involved in student government since she was elected president her 8th grade year at Jordan Middle School. Diamond has most recently served as co-Spirit Commissioner with Lucy McComas. 

Diamond's main campaign emphasis has been on increased student participation in ASB activities, and she has made herself more accessible by connecting with the electorate during lunchtime campaign stops at various lunch spots around campus. 

Diamond's Facebook campaign page (Olivia Diamond for ASB President 2010) has 256 members. Diamond was also the only ASB presidential candidate to reply to a Facebook message requesting a campaign statement for use on this blog. (Ward denies having received the message and technical difficulties may be at fault for this.)

Diamond is also responsible for the creation of Spring Spirit Week, which will take place the week of May 19.

Candidate #3: Ivan Zhou (junior) is the current Junior Class President. His Facebook campaign page (Ivan Zhou for your 2010 ASB President) has 208 members and features an extensive statement including details of his past work and future policies. According to his page, Zhou is a strong advocate for the return of Paly's International Fair, a program which had been cut due to lack of interest. He also promises to recreate the election system with specific changes such as introducing mandatory speeches for all prospective officers and altered rules for campaigning. Finally, Zhou wholeheartedly supports the newly established LinkCrew, a team of upperclassmen who work to smooth the transition for incoming freshmen.

Best of luck to all the candidates and Paly, GET OUT THERE AND VOTE!!!

UPDATE: Kevin Ward will be the next president of Palo Alto High School ASB.