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Sides of Sotomayor |
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Prayer-Soldier writes "
After President Obama announced the nomination of Judge Sonia Sotomayor as the first Hispanic woman to be nominated to the Supreme Court, conservatives and liberals immediately took sides. Conservatives immediately expressed concerns over statements made at Duke University Law School in 2005. In the Youtube.com clip, Sotomayor commented, “All of the legal defense funds out there, they are looking for people with court of appeals experience because the court of appeals is where policy is made." Perhaps realizing what she had just said, because judges interpret law, they don't make it, Sotomayor continued, "And I know this is on tape and I should never say that because we don't make law. I know. Okay, I know. I'm not promoting it. I'm not advocating it. I know."
Liberal advocates immediately supported Sotomayor, but the positions on both sides may have been taken before all sides of Sotomayor are really known. Change.org, a gay rights site, opines that “many think [Sotomayor] could be an advocate for LGBT rights,” but a New York Times article, published 27 May 09, which summarizes Sotomayor's record did not have a listing of any cases in which Sotomayor ruled on gay issues.
While Change.org isn't certain just how supportive Sotomayor may be for their issues, the warn, “Sotomayor is Catholic. Be prepared to watch right-wing groups like the Catholic League jump down her throat and call her anti-Catholic if they detect that she might uphold a woman's right to choose, or be sympathetic to LGBT issues.”
The reality is that there is very little record as to how Sotomayor may rule on such issues. In relation to abortion, the New York Times article noted that, “In one case, she denied a claim brought by an abortion rights group challenging a Bush policy that prohibited foreign organizations that receive foreign funds from performing or supporting abortions.” The court's opinion stated, “The Supreme Court has made clear that the government is free to favor the anti-abortion position over the pro-choice position.” The issue was really more about Executive authority that happened to involve an abortion issue. The opinion was not a ruling on abortion itself.
As the Senate hearings review the nomination, it is likely that both sides will seek to probe where Sotomayor stands on litmus test issues such as abortion. If it likely that during the hearings, Sotomayor is likely to take the same position as previous nominees to decline comment on an issue that could come before the court.
As Change.org points out, some are likely to attempt to define Sotomayor through her faith. She is Catholic and was raised in Catholic schools. A Boston.com article posted 26 May 09 reviews various comments around the media concerning Sotomayor's faith. Belief.net quoted a White Official as saying, “Judge Sotomayor was raised as a Catholic and attends church for family celebrations and other important events." Some are likely to read into the statement and question if Sotomayor is only a “holiday” Catholic or a “practicing” Catholic.
Boston.com points out that Sotomayor could be the sixth Catholic appointed to the Supreme Court. The site observes, “That is a remarkable accomplishment for American Catholics, who make up 23 percent of the nation's population, and will now potentially hold 67 percent of the high court's seats. Two of the justices are Jewish; the resignation of Justice David Souter, who is an Episcopalian, will leave, amazingly given the history of this nation, just one Protestant on the Supreme Court, 89-year-old Justice John Paul Stevens.”
While some will seek to find out how committed Sotomayor is to her faith, a Washington Post article posted 7 Nov 05 quoted Dennis Hutchinson, a court historian at the University of Chicago, who observed that, “one of the most liberal Supreme Court justices of the 20th century, William J. Brennan, was a Catholic.”
While concerns are being raised as to Sotomayor's potential to be an activist judge, MSNBC and Fox News reported that it is likely that Sotomayor will be confirmed. MSNBC reported, “Sen. Jeff Sessions of Alabama, the senior Republican on the Judiciary Committee, said he doesn't foresee a filibuster to block a vote on Sotomayor, and Democrats appear to have more than enough votes to confirm her.”
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Posted on Thursday, May 28 @ 23:54:49 MDT by drbonebrake
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