Thursday, May 28, 2009

Introducing your next Supreme Court Justice: Sonia "Chainsaw" Sotomayor




As compelling & improbable a story that of Sonia Sotomayor’s may seem, it may not be enough to fend off what is likely to be an extended and intense scrutinization of her beliefs and judicial style from Conservatives and Democrats alike.
As was expected, President Barrack Obama elected to go with the frontrunner as his choice to replace retiring Justice Souter. On the surface, the Obama administration and many of her supporters are going to try and sell her as someone who overcame tremendous adversity as a Latin woman raised alone by her mom in the South Bronx. They are going to sell her as the most experienced amongst all of the current sitting Judges, they are going to sell you on her intellect, her empathy and background.
If you are of Puerto Rican heritage, this is a proud moment. Sonia Sotomayor may become the first Latin woman to sit on the highest court in the land. But this nomination should not be about one group of people or a culture. This is not about rich or poor nor black or white, well to do or weak. This nominee should be about being able to rule based on the law of the land. It should not be about being fair & empathetic to the needs of certain groups or classes.
With this pick, Obama has in essence chosen someone who in his own words, should show empathy. In other words, Obama is expecting this nominee to be an activist judge who will help move along his left leaning agenda. And with Sonia Sotomayor’s pick, he will definitely not be disappointed. And with a Democratic majority in the Senate &, barring any major setback during confirmation hearings, she will be appointed. Yes, even if she owes back taxes...
In essence, with this pick, the Obama administration is also daring the Republican Party to go ahead and discredit Sonia Sotomayor. They are daring the Republicans to risk losing more of the Latino & woman vote by going against and demonizing Sonia Sotomayor.With this pick, the Obama administration will also temporarily soothe the hurt feelings of the Immigration Reform wing of the party who have taken a back seat to HealthCare & the Economic recovery. The Democrats know that this is a slam dunk. Yet despite all the praises that she has been given by the administration and colleagues, there are many who have expressed concerns about her temperament & intellect.
Jeffrey Rosen, editor of the New Republic expresses these concerns in his column:

“They expressed 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. “
The most consistent concern was that Sotomayor, although an able lawyer was "not that smart and kind of a bully on the bench," as one former Second Circuit clerk for another judge put it. "She has an inflated opinion of herself, and is domineering during oral arguments, but her questions aren't penetrating and don't get to the heart of the issue." (During one argument, an elderly judicial colleague is said to have leaned over and said, "Will you please stop talking and let them talk?") Second Circuit judge Jose Cabranes, who would later become her colleague, put this point more charitably in a
1995 interview with The New York Times: "She is not intimidated or overwhelmed by the eminence or power or prestige of any party, or indeed of the media."

But none of these flaws matter. What matters is her predisposition to being an activist judge and being empathetic to those who in her eyes are underprivileged, poor, of color, and disadvantaged in other ways. She has gone on record as saying that she believes that a wise Latina woman might make better judicial decisions than a white man. A troubling statement to many Conservatives that say that this goes against the idea of Color blind justice. Some have called this reverse racism. She is sure to get grilled on this and other comments where she has openly stated that the Court of Appeals is where policy is made….
No doubt, she will have to explain many of these opinions and comments. The American people need to be assured that Sonia Sotomayor will rule & judge based on the Constitution and not in some political or activist fashion. Conservatives and Democrats alike must ask probing questions and get satisfactory explanations and guarantees that she will indeed follow and interpret the law of the land and not the law of Obama.. This is a very critical appointment and one that will be a lifetime appointment. It is imperative that now more than ever our elected leaders in Congress & the Senate perform due diligence and in their questioning of Sonia Sotomayor. The mainstream media as usual, will not do their homework on this nomination and once again fail to educate and inform the public . It is therefore up to each and everyone one of us to call our representatives in Washington and insist that they ensure that this Supreme Court nominee goes under oath and promise to interpret the Constitution and avoid any semblance of activism. This is not a time to be intimidated by Liberals or a fawning media of consequences that the grilling of the first Latin woman nominated to the Supreme Court will bring about in the Hispanic community. This is a time to stand up & challenge this nominee on her moral values, beliefs, judging style and personal agenda. I don't want to hear from Al Sharpton, Chuck Schumer, La Raza, Telemundo, Jesse Jackson or any one peddling racial discrimination. Ms. Sotomayor should be held to the same level of scrutiny that previous nominees have endured. This nomination should not be rubber-stamped and in my opinion should be questioned to the highest level.

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