Monday, July 13, 2009

Justice Sotomayor? I dare say not!

Today the confirmation hearings (or as I would like to call them, the rejection hearings) for the supreme court nominee Sonya Sotomayor began. The committee, consisting of 12 democrats and 7 republicans (a little unequal if you ask me,) each gave opening addresses directed at the nominee outlining how they plan on making their decision. Here is what mine would have been:

"Sonia, I would first like to congratulate you on all of your achievements up to this point. You were valedictorian of your high school class, graduated with top grades from Princeton, and went on to do the same in Yale Law school. All, obviously not easy tasks.

However, these hearings are not about how well you can take tests. So, as far as I am concerned it does not make any difference which schools you went to. What does make a difference is what you have done in your career since then. The rulings you have made as a judge, and the many different things you might have said.

I would like to remind you that the role of a Judge is to see that the law is being upheld. No more, and no less. Just like it would be wrong for a Judge to take a bribe and rule in the favor of the bribing party, it would be wrong for the Judge to 'make' their own laws which lead him or her to rule in favor of one party. And as I review previous rulings you have made in your career, I am inclined to think you are often guilty of the latter. Coupled with the fact that you have said a Judge's job is to establish policy, I find it hard to believe that my inclination is incorrect.

President Obama said he felt a Judge's job was to judge with empathy and to consider different events in their life when making decisions. I could not disagree with this more. A Judge's job is in fact the opposite: to completely remove empathy and their personal beliefs when they judge. This allows them to judge solely based on the already established laws. You have made it clear, numerous times, that you feel a person's background helps them to come to the proper judgement. I ask, if a Judge's primary job is to see that the law is being upheld, how does one's background aid them?

As a member of this committee, it is my job to ensure that you will work to uphold the Constitution, and that you will not bring your personal feelings, and beliefs onto the bench with you. That you will not attempt to out step the boundaries of the Judicial Branch of our government, and act as if you were a member of the Legislative Branch and attempt to make laws. This is what I will be working to find out."

Not bad, if I can say so myself. (Which I can since I write this blog.)

The only job of the Supreme Court is to make sure the cases brought before them resulted in a ruling that is constitutional, or if a law brought before them is constitutional. By attempting to make policy, or bring outside feelings and beliefs into account, the Judge would be acting to in effect determine if the Constitution itself is constitutional. Which obviously makes no sense. This 'style' of judging is a very liberal approach, in that it is a way for the individual person to control the lives of many. By bringing their own beliefs to the table, (or bench I should say,) the Judge is acting to impose their beliefs on others.

One more thing I would like to point out is that the Democrats are playing the same game they played during this past presidential campaign. The race game. If I had a dollar for every time I heard 'the first Hispanic nominee ever' when describing Sotomayor, I would be very wealthy. (So wealthy I could probably retire from writing this blog.) It is not exactly the same in this case for the public does not get to vote on whether or not Sotomayor becomes a Supreme Court Justice, but it is very similar. And I would like to point out that Sotomayor is not the first Hispanic nominee, and in fact would not even be the first Hispanic Justice. Benjamin Cardozo was of Hispanic decent. True he was born in America, but so was Sonia Sotomayor. (But the media is not concerned with facts.)

All I can hope is that enough politicians realize Sonia has no intention in upholding the Constitution, as she has said herself. (Which of course requires there are enough politician who care about the Constitution being upheld. Something I am not to sure of.) For if she gets appointed she will be there for a long, long time.

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