May 26th, 2009

Obama picks self described judicial activist

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Written by: Constitution Daily
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sotomayor-copyObama made his pick to replace Justice Souter and as we all expected, he picked a liberal. Appeals Judge Sonia Sotomayor, a self described judicial activist and first Hispanic picked to serve on the Supreme Court, will be brought to the Senate for confirmation. The Senate has the next four months to confirm or reject her but with the huge Democrat majority in the Upper Chamber, confirmation is expected.

Not a whole lot is known about Sotomayor on the issues. She’s never ruled on an abortion case but you can bet Obama asked her those questions behind closed doors. She has ruled on some controversial matters including siding with the city of New Haven, Connecticut, when white firefighters sued the city for throwing out promotion test results after too few minorities scored high enough. Sotomayor also ruled on the 1995 case between Major League Baseball owners and players. Sotomayor ruled in favor of the players’ union, causing some to say she saved baseball…I’m thinking she just saved the union and delayed the inevitable.

There is some real controversy with Sotomayor,  however. In 2005, she spoke on a panel at Duke University Law School about judicial activism. Sotomayor said, “…court of appeals is where policy is made. And I know – I know this is on tape, and I should never say that because we don’t make law. I know. O.K. I know. I’m not promoting it. I’m not advocating it. I’m – you know.”

Sotomayor’s nomination signals a huge problem for conservatives and constructionists. The exact opposite is what should be thought and said by Supreme Court Justices. The court of appeals is where the Constitution should be upheld no matter what. The court is the last place where policy should be made and a judge is the last person who should make it.

If you take a look at Drudge or any other news outlet, you’ll see the media is trying to undercut Republicans in the Senate by playing up the ethnicity and gender argument. What they will never understand is, her color does not matter, if she disregards the Constitution, then she harms our country and everything must be done to block her nomination.

W got it right when he  nominated Roberts and Alito. Obama got it wrong in pandering to special interests calling for more balance on the US Supreme Court in terms of gender and ethnicity. We will never know if Sotomayor is the single most qualified, best pick for Supreme Court Justice because we will be forbidden from vetting this selection. Any attempt to discredit her will be met with accusations of bias, racism, cronyism, etc.

We need to expect the best from our President and his nominees. His credibility in that regard is severely lacking – recall his cabinet choices. What more will come out about Sotomayor?

About the Author

Constitution Daily
An Iowa based blog with the purpose of giving incentive to those actively engaged in conservative causes. Content will include Iowa and national issues ranging from politics to everyday society, but in every case you will know where Constitution Daily stands. Please feel free to contact me anytime at [email protected]

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