Posted by
The CL Project on Wednesday, May 27, 2009 5:53:29 PM
In 2006 regarding a question of Supreme Court nominees, Senator Obama said, "I believe firmly that the Constitution calls for the Senate to advise and consent. I believe it calls for meaningful advice and consent and that includes an examination of a judge's philosophy, ideology, and record."
We agree with the Senator Obama of 2006 and hope that President Obama's nominee to replace retiring Justice David Souter on the Supreme Court receives a detailed examination of her judicial philosophy and record. Any nomination for a lifetime appointment to the Supreme Court deserves careful review by the Senate.
Nominations should be judged by a common standard: will they apply the Constitution of the United States and the law as it is written and according to its original meaning, or will they use the lifetime appointment to enact policy preferences from the bench. This standard is particularly important for Judge Sotomayor, who has made disturbing statements about the role of judges as policymakers:
As Mitt Romney aptly stated, "Historically, the Court is where judges interpret the Constitution and apply the law. It should never be the place "where policy is made," as Judge Sotomayor has said. Like any nominee, she deserves a fair and thorough hearing. What the American public deserves is a judge who will put the law above her own personal political philosophy."
Any individual who's name has risen to the level of SCOTUS nominee deserves to be congratulated - as such we recognize Judge Sotomayer for her accomplishments and service on the bench. However, that does not, nor will it, preclude them from the careful vetting process that lays ahead.
Update: Regarding the media's hype over Sotomayors "compelling life story" the Anchoress has the perfect take as posted HERE.
Uh-Oh Update: PatriotRoom points out that Jeffrey Rosen at the liberal New Republic while researching Sotomayor noted that colleagues had, "questions about her temperament, her judicial craftsmanship, and most of all, her ability to provide an intellectual counterweight to the conservative justices, as well as a clear liberal alternative..."