I just gotta say this before it’s all over and she’s confirmed…
Been watching the Sotomayor Confirmation Hearings while eating breakfast these past few days. And, you know, I have no problem with a judge having a real life and being active in the community. I’d be suspicious of one who wasn’t. Just “leave it at the door” when entering the court room.
As a pro-choice, christian woman I have no problem with a judge being one also. (Nor do I have a problem with a Governor being pro-life and walking the walk, not just talking the talk.)
A judge has to make decisions based on 1) Constitutional Law, 2) laws as passed by Congress, and 3) legal precedent as set by the courts.
So what’s my problem with Sotomayor?
From what I’ve seen and heard her say in the hearings, Judge Sotomayor has a total disregard for the US Constitution!
She consistently stated that she bases her decisions on laws created by Congress and what is already set as a legal precedent. But she NEVER mentions the Constitution.
The US Constitution is THE Law of the Land. It is also the document which created the Supreme Court as one of our Branches of Government. Its duty, according to the Constitution, is to defend and enforce it. All cases which come before this Court must first be weighed against the laws contained within it.
Congress is often wrong. After all they are the ones who decided that it would be legal for the South to practice slavery. And Prohibition, anyone?
Legal precedent is often wrong. After all, once upon a time, children and wives were considered property, and one could be arrested for not moving to the back of the bus if one were not white.
Therefore, it is the Constitution (and its Bill of Rights) to which she should be deferring. But not once have I heard her acknowledge this role of the Supreme Court, upon which she seeks a seat.
