Sotomayor Addresses Bias Accusations

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Today, Sonia Sotomayor held a series of private meetings with high-ranking Democrats and Republicans, from which some interesting comments are emerging.

Sotomayor, who would be the high court’s first Hispanic and its third woman, told senators she would follow the law as a judge without letting her life experiences inappropriately influence her decisions.

“Ultimately and completely, a judge has to follow the law no matter what their upbringing has been,” Sen. Patrick Leahy, D-Vt., the Judiciary Committee chairman, quoted the nominee as saying in their closed-door session.

Republicans are questioning how she would apply the law, noting her remark in 2001 that she hoped her decisions as a “wise Latina” would be better than those of a white male who hadn’t had the same experiences. Obama has said she misspoke; some Republicans have called the comment racist.

Leahy, hoping to shepherd a smooth and quick confirmation for Sotomayor, asked her what she meant by her 2001 comment and said the judge told him: “Of course one’s life experience shapes who you are, but … as a judge, you follow the law.”

Sen. Jeff Sessions of Alabama, the top Republican on the committee, said Sotomayor used similar words with him as well, but he appeared to come away from the meetings unconvinced about her approach and whether she would be an “activist” who tried to set policy from the bench.

“We talked about the idea and the concept of personal feelings and … how that influences a decision, and how it should not,” Sessions said, declining to elaborate on the private discussion. Sessions, who is to meet Wednesday with Leahy to discuss scheduling Sotomayor’s confirmation proceedings, said he thought hearings should wait until September — more than a month after Obama and Senate Democrats had hoped to have Sotomayor confirmed.

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73 comments
1 Macker  Tue, Jun 2, 2009 8:13:37pm

Her Guide better have a good set of Depends on him!

2 albusteve  Tue, Jun 2, 2009 8:14:18pm

where the rubber hit's the road....choose your words carefully

3 jaunte  Tue, Jun 2, 2009 8:15:28pm

Can anyone translate the Harry Reid quote?

We have the whole package here," said Reid, D-Nev. "America identifies with the underdog, and you've been an underdog many times in your life, but always the top dog."
4 tradewind  Tue, Jun 2, 2009 8:15:44pm
"We have the whole package here," said Reid, D-Nev. "America identifies with the underdog, and you've been an underdog many times in your life, but always the top dog."


Time for you to kennel up, Harry, your huntin' days are clearly over.....

5 Vicious Babushka  Tue, Jun 2, 2009 8:15:55pm

Benjamin Cardozo does not count as Hispanic cause he was a Joo?

6 Occasional Reader  Tue, Jun 2, 2009 8:16:10pm

"Oh, a wise guy Latina?"

-Moe

7 Fenway_Nation  Tue, Jun 2, 2009 8:16:17pm

Fucking Leahy....

If these 'Truth and Reconciliation' circle-jerks comissions are set up like Leahy has expressed a desire for, what would be the supreme court's role (if any)?

8 albusteve  Tue, Jun 2, 2009 8:16:21pm

re: #3 jaunte

Can anyone translate the Harry Reid quote?

dementia

9 Bloodnok  Tue, Jun 2, 2009 8:17:33pm

re: #3 jaunte

Can anyone translate the Harry Reid quote?

We have the whole package here

At least we know he wasn't talking about the guy in Egypt.

10 tradewind  Tue, Jun 2, 2009 8:17:34pm

re: #3 jaunte

I suppose an underdog could eventually emerge to become the top dog, but that 'always ' thing in there makes his statement a real contradiction.
He's running way down in the polls in NV, btw, against..... nobody.

11 ihateronpaul  Tue, Jun 2, 2009 8:17:39pm

Hm, I think if she gets confirmed the world won't explode into dystopian reverse racist land

call me drunk on optimism...

12 Mich-again  Tue, Jun 2, 2009 8:17:44pm

Reid called her an underdog and the top dog in the same sentence? Comparing her to a dog? Classy.

13 pink freud  Tue, Jun 2, 2009 8:18:09pm

She is under intense scrutiny. The brass ring is within her reach. She knows what she has to say to grab it. She will say what she has to.

No mystery there.

14 Occasional Reader  Tue, Jun 2, 2009 8:18:24pm

re: #3 jaunte


Can anyone translate the Harry Reid quote?

We have the whole package here," said Reid, D-Nev. "America identifies with the underdog, and you've been an underdog many times in your life, but always the top dog."

"... but you need to get a handle on distemper of yours..."

15 soxfan4life  Tue, Jun 2, 2009 8:18:36pm

I don't really care about the latina comments so much as I do her decision in Ricci vs. Destefano. Couple that with her 2nd amendment decisions and that is what opponents should be airing out.

16 OldLineTexan  Tue, Jun 2, 2009 8:18:37pm

Apple Tree Leahy.

Just the kind of guy to produce a quote that boosts my confidence.

/////

17 jaunte  Tue, Jun 2, 2009 8:18:43pm

I guess he just skipped the "always ended up the top dog" part.

18 solomonpanting  Tue, Jun 2, 2009 8:19:09pm

re: #13 pink freud

She knows what she has to say to grab it. She will say what she has to.

That's because she's a wise Latina.

19 albusteve  Tue, Jun 2, 2009 8:19:19pm

re: #13 pink freud

She is under intense scrutiny. The brass ring is within her reach. She knows what she has to say to grab it. She will say what she has to.

No mystery there.

and all the rhetoric is all so predictable...just more pointless blather from everyone....the hearings will be no different

20 pink freud  Tue, Jun 2, 2009 8:19:38pm

re: #18 solomonpanting

That's because she's a wise Latina.

Silly me.

21 tradewind  Tue, Jun 2, 2009 8:19:44pm

There's no such thing as ' reverse ' racism. It's like saying someone is making good backward progress.
Racist is racist. No qualifiers needed.

22 avanti  Tue, Jun 2, 2009 8:19:45pm

Here's something on her 2nd amendment issues.
2nd amendment.

23 Dancing along the light of day  Tue, Jun 2, 2009 8:19:58pm

re: #13 pink freud

She is under intense scrutiny. The brass ring is within her reach. She knows what she has to say to grab it. She will say what she has to.

No mystery there.

I'd call her "another BHO style politician" except that she's been moved up in the Justice system by Clinton & Bush. She has the possibility, IMHO of being a good judge. I pray that she is willing & able.

24 Last Mohican  Tue, Jun 2, 2009 8:20:27pm

re: #5 Alouette

Benjamin Cardozo does not count as Hispanic cause he was a Joo?

The question of Cardozo's ethnicity:

Cardozo was the second Jew, after Louis Brandeis, to be appointed to the Supreme Court. Cardozo family tradition held that Cardozo was of Portuguese descent, leading to discussion as to whether Cardozo could be considered the first Hispanic Supreme Court Justice, although experts have disputed this notion. Among them, Cardozo biographer Kaufman questioned the usage of the term "hispanic" during Cardozo's lifetime, commenting: "Well, I think he regarded himself as Sephardic Jew whose ancestors came from the Iberian Peninsula." It has also been asserted that Cardozo himself "confessed in 1937 that his family preserved neither the Spanish language nor Iberian cultural traditions".

Certain Hispanic organizations do not consider those of Portuguese descent to be Hispanic. Both the National Association of Latino Elected and Appointed Officials and the Hispanic National Bar Association believe that Sonia Sotomayor, if confirmed, will be the first Hispanic justice

25 OldLineTexan  Tue, Jun 2, 2009 8:21:28pm

re: #22 avanti

Yeah, I just read that.

I do not think that ruling means what that author thinks it means.

The main indication I have for this is the author's "militia" quote. It is proof positive that he/she knows NOTHING of the gun rights debate since 1934.

26 Fenway_Nation  Tue, Jun 2, 2009 8:21:33pm

re: #23 Floral Giraffe

Meh...one liberal replacing another on the bench. It's a net break-even for all involved.

27 tradewind  Tue, Jun 2, 2009 8:21:58pm

At least she won't be replacing anyone the Court will miss.
Souter was a disaster.... the balance won't really be upset until the next shoe drops/justice retires.

28 tradewind  Tue, Jun 2, 2009 8:22:27pm

re: #26 Fenway_Nation

gmta, within the same minute even....

29 albusteve  Tue, Jun 2, 2009 8:22:57pm

re: #22 avanti

Here's something on her 2nd amendment issues.
2nd amendment.

so what?...they defy the SC and should be hurled into the gutter....there is the rule of law

30 Vicious Babushka  Tue, Jun 2, 2009 8:23:19pm

re: #24 Last Mohican

The question of Cardozo's ethnicity:

American Sephardim have preserved a very unique ethnicity.

31 soxfan4life  Tue, Jun 2, 2009 8:23:44pm

re: #27 tradewind

At least she won't be replacing anyone the Court will miss.
Souter was a disaster.... the balance won't really be upset until the next shoe drops/justice retires.

Depends on which Justice it is. Stephens and Ginsberg are liberal, Kennedy is the swing vote and one that would upset the balance of the court.

32 jorline  Tue, Jun 2, 2009 8:24:21pm

Just what Sotomayor always wanted...The "white man" Leahy as her mouthpiece.

33 kynna  Tue, Jun 2, 2009 8:24:23pm

I hate the "misspoke" defense. It was a written speech. How do you "misspeak" a written speech? I guess Obama's had so many teleprompter mishaps he thinks it happens to everyone?

34 lostlakehiker  Tue, Jun 2, 2009 8:24:25pm

Trouble is, Sotomayor just coolly upheld a shamefully unfair decision by New Haven to void its firefighters test because the people who passed were of the wrong skin color.

Didn't even deign to offer an explanation of how this could be constitutional.

35 Van Helsing  Tue, Jun 2, 2009 8:25:27pm

re: #15 soxfan4life

I don't really care about the latina comments so much as I do her decision in Ricci vs. Destefano. Couple that with her 2nd amendment decisions and that is what opponents should be airing out.

I'm more concerned with her comments about making policy from the appellate bench.

1st Cav? My eldest is in the 1st Cav. In Sadr City, should be on his way home for leave in a couple if days.

36 WindHorse  Tue, Jun 2, 2009 8:25:28pm

re: #13 pink freud

yeah, I mean, after all.... she is a wise Latina....

37 WindHorse  Tue, Jun 2, 2009 8:26:13pm

(too soon old, too late smart...)

38 avanti  Tue, Jun 2, 2009 8:26:39pm

re: #29 albusteve

so what?...they defy the SC and should be hurled into the gutter....there is the rule of law

That fact that 2 conservative judges ruled with her might blunt the activism charge.

39 JacksonTn  Tue, Jun 2, 2009 8:26:48pm

Let the Sunshine In ... why are they private meetings? ... practice? ... she will be confirmed ... not questioning that ... but why the dress rehearsal ... get out in front of the people ... why didn't she take questions from the press about it first ... if she did ... somebody tell me where ...

40 shane  Tue, Jun 2, 2009 8:29:09pm

The thing is, as with Obama, people tend to be who they say they are when they don't think people are watching or scrutinizing their actions. That being said, Souter didn't turn out to be very conservative. But then, neither was Bush the elder. My definition of conservative that is, small government, constitution is a limit of power etc. So its a toss up. They can just confirm her and they will. They will use the hearings as a bully pulpit to beat up on republicans and push their agenda. But, she has had glimmers of following the constitution. So we can just hope she pulls a Souter and rules in favor of America instead of her party the democrats.

41 Occasional Reader  Tue, Jun 2, 2009 8:29:22pm

In honor of Sotomayor's Puerto Rican heritage, here is the group "Haciendo Punto (En Otro Son)", performing "Agueybana".

42 soxfan4life  Tue, Jun 2, 2009 8:29:25pm

re: #35 Van Helsing

I'm more concerned with her comments about making policy from the appellate bench.

1st Cav? My eldest is in the 1st Cav. In Sadr City, should be on his way home for leave in a couple if days.


Used to be 1st Cav. Out of the Army now, but the Cav is very good at what they do. May God watch over your eldest and give him a safe journey home as well as all the troops over there.Posted my unit patch for the Memorial Day holiday and haven't changed it back yet.

43 DistantThunder  Tue, Jun 2, 2009 8:29:50pm

The senators need to start thinking like a beautiful woman, and follow my Beautiful Woman's Rule for Selecting Good Men. The rule is this: Because a beautiful woman is highly desirable, (like a supreme court seat), men are often tempted to conceal their true character and beliefs in order to be more appealing in order to capture her attention and stoke her affections.

The good news in this case is that Sonia has over 4,000 cases to peruse, so if she has racist tendencies, they should be obvious. I've heard that her cases do NOT support a racist worldview. My problem is with her firefighter ruling that appears unprofessional in it's brevity and dissmissiveness.

44 shane  Tue, Jun 2, 2009 8:31:01pm

I should clarify pulling a Souter. She goes against her party. Souter never really ruled in favor of the constitution and considered international law.

45 DistantThunder  Tue, Jun 2, 2009 8:32:32pm

re: #40 shane

The thing is, as with Obama, people tend to be who they say they are when they don't think people are watching or scrutinizing their actions. That being said, Souter didn't turn out to be very conservative. But then, neither was Bush the elder. My definition of conservative that is, small government, constitution is a limit of power etc. So its a toss up. They can just confirm her and they will. They will use the hearings as a bully pulpit to beat up on republicans and push their agenda. But, she has had glimmers of following the constitution. So we can just hope she pulls a Souter and rules in favor of America instead of her party the democrats.

My definition of conservative is government bowing at the feet of the taxpayers, hat in hand.

46 shane  Tue, Jun 2, 2009 8:32:34pm

reply #43

Beautiful woman advice:
No matter how good looking she is, someone, somewhere is sick of her crap.

47 Van Helsing  Tue, Jun 2, 2009 8:33:10pm

re: #42 soxfan4life

Thank you, and thanks for your service.

48 Idle Drifter  Tue, Jun 2, 2009 8:33:53pm

Was Sen. Reid refering to Underdog?

49 shane  Tue, Jun 2, 2009 8:34:19pm

reply #45

I don't need them to bow at my feet, I just need them to actually think of themselves as just another citizen. Not a duke or prince.

50 OldLineTexan  Tue, Jun 2, 2009 8:38:11pm

re: #48 Idle Drifter

Was Sen. Reid refering to Underdog?

There's No Need To Fear, Wise Latina Is Here!

/

51 Occasional Reader  Tue, Jun 2, 2009 8:40:03pm

Good night.

52 The Sanity Inspector  Tue, Jun 2, 2009 8:44:47pm

We need wisdom, not identity politics, on the judicial bench. Duct tape your heads, libs, while I inform you that the two are not the same.

53 SanFranciscoZionist  Tue, Jun 2, 2009 9:03:36pm

re: #5 Alouette

Benjamin Cardozo does not count as Hispanic cause he was a Joo?

BTW, Cardozo was incredibly handsome...seriously. Check out the photos.

Hispanic, yes. Latino, no, if you use the 'with roots in Latin America' definition. And since they're using those terms interchangeably, and with wild abandon right now...

54 SanFranciscoZionist  Tue, Jun 2, 2009 9:04:54pm

re: #24 Last Mohican

Most Portuguese Jews were from Spain initially.

55 HarryTheHawk  Tue, Jun 2, 2009 9:05:42pm

Sotomayor is talking out of both sides of her mouth, just like the man who nominated her routinely does.

56 hazzyday  Tue, Jun 2, 2009 9:07:47pm

I meet mostly great family oriented hispanics, the one I remember most vividly though is the real estate agent who after the sale let it be known to me that it was a "brown" sale. He tilted the transaction to favor his heritage. I am sure he told me because he felt it was a type of justice. Sotomeyer needs to error on the side of prudence. This is one of the problems of not testing people well enough before they reach positions of power.

57 ihateronpaul  Tue, Jun 2, 2009 9:34:56pm

re: #33 kynna

I hate the "misspoke" defense. It was a written speech. How do you "misspeak" a written speech? I guess Obama's had so many teleprompter mishaps he thinks it happens to everyone?

Ha it is like those "out of context" talk show clips

58 Wendya  Tue, Jun 2, 2009 10:25:05pm

re: #22 avanti

Here's something on her 2nd amendment issues.
2nd amendment.

So a bad decision by two "conservative" judges makes her bad decision acceptable?

59 Curt  Tue, Jun 2, 2009 11:05:56pm

re: #13 pink freud

She is under intense scrutiny. The brass ring is within her reach. She knows what she has to say to grab it. She will say what she has to.

No mystery there.

Yep...and The WON told us he'd unify us and be transparent, and would have bills posted on the web for 5 days before he signed them....oh, yeah, and we had to hurry up and rush passing a $787B stimulus bill, because it was an emergency.

Say what thye want, get the MSM to say how they will do good, then go back to biz as usual for libs..

60 mph  Wed, Jun 3, 2009 5:30:27am

...compared to the abuse Clarence Thomas was subjected to...

61 JackofTrades  Wed, Jun 3, 2009 5:37:59am

People seem to forget the very telling issues surrounding Judge Sotomayer's statements, past decisions, and potential future.

For the issue of the statements. She has made it abundantly clear in past statements, most of them being in scripted and/or previously prepared speeches. None of these statements become any better taken 'in context'. Give the context of 5 sentences, give the context of 5 paragraphs, give the context of everything she says, they are equally terrible statements. These statements tell the combination of who she is and what she really believes, what she bases her decisions on, and what her ambitious goals are.

The sum statement about who she is doesn't always make a substantial difference. At least not in the context of her words. Actions tend to speak louder there. Those actions suggest that she is a bully, among other things.

The sum statement about what she believes? She believe that not all Americans are equal under the law. She believes that the law should be flexible under the demands of a person's past and the judge's empathy. She believes that law is a clay or putty in the judge's hands. She believes that equality before the law is the equality of outcome, even if achieving such equality is done at the cost of discarding the rule of law. She believes that the judge, sitting on the bench, is above, beyond, and outside the law, molds and flexes the law to best fit the situation. She looks at the law in the light of the situation, not the situation in the light of the law. Her openly admitting to putting her empathy, political agenda, and other factors above the factor of the rule of law in her rulings. In Judge Sotomayer's courtroom, rather than blind justice with a set of scales and a sword, we have a one-eyed justice using false weights and a checklist.

Empathy? Check!
Background experience? Check!
Personal agenda? Check!
Rule of Law? No check, cash only.

Now for her ambitions. It is, with few exceptions, the universal ambition of ALL judges, once they reach a Presidentially-appointed bench. They want to reach the big time. They want a seat on the Supreme Court. They want, either for good or for ill, the influence that comes with sitting on the highest court in the land. (Besides, it is SO inconvenient having your decisions overturned by a higher court. If you reach the highest court, that cannot happen.)

One key thing about Judge Sotomayer. She is NOT stupid. She has her goal clearly in sight, and has had for some time. There appear to be plenty of times that she has let the rule of law win out against he demonstrated wishes. She also relishes in the opportunity to be able to argue that specific possible (in the places where the law truly is NOT concrete) technicalities endorse her specific agenda, giving her plausible reason to give unjust rulings in specific cases. She knows when she is saying something that, while she believes it with all her heart, is contrary to what the law says both about her present position and the position she aspires to. She knows, and even acknowledges, as she fervently hopes that those statements, which she seems unable to keep completely bottled up, come out where she is NOT being recorded. No, she is not stupid, and she has been biding her time. Now that she is approaching hearings, it is very easy for her to play things low key. She knows what answers are needed, even if they are contrary to her judicial philosophy, and will give them. This is, potentially, the last legal review she has to be subject to.

No, she is not stupid. She is smart enough that she makes my ex-wife look the witless moron. Her big fear right now is those little snippets where she let her true self show and WAS being recorded.

And again, I am not terribly worried about it. Her judicial philosophy is not much worse than the person she is replacing. Nor is she radically more liberal or leftists than him. She may not be qualified to be a justice on any bench, but by herself, she can do little damage. With help? Ouch!

62 Orangutan  Wed, Jun 3, 2009 8:23:11am

I wish more of the nomoinees would be like Breyer or Scalia.

63 jjag  Wed, Jun 3, 2009 8:27:51am

Obama may be a little too smart for himself here.

Putting a committed liberal Latina up may seem like a political and philosophical win/win. However, Sotomayor clearly isn't that clever. Her writing is as poor as her reasoning.

By putting a liberal on the Supreme Court who cannot sustain an intellectually sound argument , someone who's demeanor seems arrogant enough to bother even some liberal commentators, he may be doing everyone a favor (witlessly). One can easily see her making some of the worst possible arguments for liberal interpretation of the constitution and seeing them through because of her arrogance.

Should she make liberals look stupid she would be doing the world a favor. I would be much more fearful a liberal appointment of someone very clever, someone with rhetorical power and skill.

64 jvic  Wed, Jun 3, 2009 8:59:40am

Thomas Sowell on Sotomayor:

What could such statements possibly mean -- in any context -- other than the new and fashionable racism of our time, rather than the old-fashioned racism of earlier times? Racism has never done this country any good, and it needs to be fought against, not put under new management for different groups.

According to Charles' Sotomayor link, the country does not agree with Sowell:

Questioned about affirmative action, 63 percent support it for women and fewer, 56 percent, favor affirmative action for racial or ethnic minorities. The poll did not define affirmative action.

Much of the country doesn't agree with Darwin either...

I wouldn't vote to confirm Sotomayor, but right now she doesn't seem to be an outright disaster like Harriet Miers.

65 Dar ul Harb  Wed, Jun 3, 2009 10:10:00am

re: #64 jvic

I can't recommend Professor Sowell's column you linked to highly enough.

Read the whole thing.

If Professor Sowell, who's written so effectively on so many topics, including race, politics, immigration, etc. says Judge Sotomayor's 2001 remarks at Berkley are "clearly racist," that's enough for me.

66 JackofTrades  Wed, Jun 3, 2009 10:48:19am

re: #62 Orangutan

I wish more of the nomoinees would be like Breyer or Scalia.

I think that many of us probably agree with you, but there is no way in hell that President Obama is going to appoint anyone even ideologically CLOSE to being a strict constructionist to the bench.

67 ihateronpaul  Wed, Jun 3, 2009 11:30:42am

That scraping sound you hear is the sound of Limbaugh backpedaling.

[Link: www.rushlimbaugh.com...]

"Her rulings are just bad. They're wrong. They're not bad law. They're not very smart. Her rulings are not very intelligent, but they don't contain all the bigotry and racism that was in that speech. And the theory is that she's simply holding back, she's ambitious. She wants to be promoted, so her rulings are not controversial except that they're wrong."


oh please.

68 coffeeroaster99  Wed, Jun 3, 2009 12:43:20pm

Her comments, like almost all SCOTUS candidates, about "following the law" verses personal feelings/emotions are fine and probably well intentioned. However, straight forward cases rarely, if ever, get to the Supreme Court. To state that ANY of the members make decisions "only on the law" is ridiculous.

69 grahamski  Wed, Jun 3, 2009 5:45:24pm

la raza member = racist

70 Frater Eosphoros  Wed, Jun 3, 2009 8:29:39pm

Feelings, nothing more than feelings,
Feelings, for all my life I'll feel it,
Feelings, wo-o-o feelings, wo-o-o, ..ad nauseum

Someone want to tell us when it's ok to take a stand on something during the slide into socialismuslim land. When a red/crescent and moon flies over the U.S. can we take a stand then?
Evidently we must be touchy feely now because, gosh darn, we need to play nice.

71 Frater Eosphoros  Wed, Jun 3, 2009 8:37:20pm

re: #39 JacksonTn

The glorious leaders' standard issue peoples teleprompter hasnit arrived to her yet. Give it time, comrade.

72 Orangutan  Thu, Jun 4, 2009 8:43:23am

re: #66 JackofTrades

I think that many of us probably agree with you, but there is no way in hell that President Obama is going to appoint anyone even ideologically CLOSE to being a strict constructionist to the bench.

It's a shame, b/c Breyer is not a conservative. He does seem to be a hell of a justice, though. OTOH, I don't see Sotomayor answering the charges, I see Pat Leahy answering them. I will be interested to see the hearings.

73 Sniper061  Thu, Jun 4, 2009 2:28:28pm

While I usually have no problem with the justices whom serve on the Supreme Court, this one gives me pause. Sotomayor is a member of a group called La Raza, one which I have personal experience with. I started seeing this group pop up in New Mexico several years ago and was disturbed to my core to witness the absolute racial hatred which absorbed its members. I felt that we had taken a big step backwards from being a truly equal society. I cannot put my faith behind Sotomayor as being a justice who will uphold the law.


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