Saturday, May 30, 2009

SUPREME COURT: Sotomayor?


The much anticipated nominee for the Supreme Court was announced by Barak recently. Sonia Sotomayor (54) is a woman as expected and I think that is a positive factor since I think we really need another woman on the court to replace Sandra Day O’Conner, after all, women represent over 50% of our population so two (2) seats among nine (9) is definitely warranted.

The fact that she is Puerto Rican (Latino) is of lesser importance to me but it is a positive political move for Obama with an ever growing Latino population in this country.

She is a Democrat and a supposed liberal that will definitely help balance things against the conservative right wing of the court. It is interesting to point out that David Souter, the judge leaving the Supreme Court, was originally appointed as a conservative based on his judicial history but turned out to be a liberal as a Supreme Court justice.

There are other cases of Supreme Court judges changing their ideological stripes while on the court. I have always thought that once they are “in” for life and realize that they will be part of history, they become somehow different; looking at issues with a national and world view developed over their entire life of experiences and study. I guess what I am saying is that “some” judges are profoundly affected by their new role and allow themselves to listen, think and decide issues like “real” Supreme Court justices and not as narrow minded ideologues that are programmed to think only one way, cannot except new arguments and are basically robots which describes a number of judges on today’s Supreme Court.

I have taken a number of courses on the Supreme Court one on its history and the history of its members and one on the cases heard by the court throughout the ages and how the court itself changed in its legal outlook. I must admit that taking these courses has a very sobering affect on one’s perception of the court and what it does – I recommend learning something about the court before going crazy about this or that appointee.

Let me state at the outset that some of the things Judge Sotomayor has said in public over her years as a judge give me pause. I don’t like to take sound-bites out of context but she has given the right wingers some usable ammunition. Saying that her decisions as a Latina are somehow better than those of “white” men was totally stupid. Saying that courts should not make policy but do is stupid to say but may be factual.

I would like to touch on a number of factors in this case in later blogs but for now, I am reserving my opinion whether she will make a good addition to the Supreme Court.

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