By Kathleen Gilbert
WASHINGTON, D.C., May 26, 2009 (LifeSiteNews.com) – President Obama today announced his selection of U.S. Appeals Court judge Sonia Sotomayor to fill the Supreme Court vacancy left by retiring justice David Souter. While Sotomayor has no significant background concerning the abortion or same-sex “marriage” debate, some conservatives are gearing up for a battle over her reputation for judicial activism, as well as statements suggesting that her gender and Hispanic background ensure that she will be a superior judge to her white male colleagues.
Despite eighteen years' experience on the bench, the nominally Catholic Sotomayor has yet to directly address the abortion issue. Sotomayor's most significant ruling on abortion came in 2002, when she denied claims issued by the Center for Reproductive Law and Policy alleging that the Mexico City Policy violated its First Amendment, due process, and equal protection rights.
Because of Sotomayor's lack of a paper trail on the issue, some abortion promoters have taken a reserved, wait-and-see approach to the nominee on the question of abortion. “We look forward to learning more about Judge Sotomayor's views on the right to privacy and the landmark Roe v. Wade decision as the Senate's hearing process moves forward,” said Nancy Keenan, president of NARAL Pro-Choice America, in a statement released today. Keenan, however, praised the pick for her “distinguished record of professional accomplishments as a judge, prosecutor, and community leader.”
The pro-abortion National Organization for Women (NOW) also said it would “celebrate” the nomination. “Judge Sotomayor will serve the nation with distinction. She brings a lifelong commitment to equality, justice and opportunity, as well as the respect of her peers, unassailable integrity, and a keen intellect informed by experience,” NOW president Kim Gandy said. Gandy pledged the support of NOW for Sotomayor's nomination.
However, the appeals court justice is not free from controversy, and the announcement of her nomination was heavily criticized by conservatives on a number of counts. Conservative commentators have pointed to a Judge Mario G. Olmos Law and Cultural Diversity Lecture at the University of California-Berkeley Law School in 2001, in which Sotomayor said she disagreed with a quote attributed to Justice Sandra Day O'Connor that “a wise old man and wise old woman will reach the same conclusion in deciding cases.”
“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life,” said Sotomayor.
American Life League president Judie Brown told LifeSiteNews.com (LSN) today that she was “horrified” at Sotomayor's statement.
“It is a racist and a sexist comment, there's no question about it,” said Brown. “As a Latino woman who has been very blessed by the advances in her profession that she has experienced, she should be grateful to men and women of every nationality, rather than assaulting white men.” In a press release today, Family Research Council president Tony Perkins agreed that the comment was “troubling – if not offensive – on many levels.”
Conservatives also fear that Sotomayor, who has had several of her opinions reversed by the Supreme Court, will bring an activist judicial philosophy to the Supreme Court.
“Judge Sotomayor's failure to premise her decisions on the text of the Constitution has resulted in an extremely high rate of reversal before the high court to which she has been nominated,” said Perkins. “President Obama promised us a jurist committed to the 'rule of law,' but, instead, he appears to have nominated a legislator to the Supreme Court.”
One of the most controversial of Sotomayor's cases occurred in 2003, when she wrote the Second Circuit Court of Appeals majority opinion against Connecticut firefighters who had complained that the city of New Haven had racially discriminated against them.
In the case, a firefighter named Frank Ricci and 17 others complained of reverse discrimination, after the city had thrown out results of two promotion tests because none of those who passed were African-American. Ricci and the others had been among those who were expecting promotion based upon the tests. New Haven attorneys said the city acted in order to comply with federal anti-discrimination law and cited fear of political retribution from activist groups.
Colleagues heavily criticized Sotomayor for apparently ignoring the constitutional questions behind the case, saying the one-paragraph ruling was inadequate to address over 1,800 pages of testimony.
In his dissent, Judge Jose Cabranes wrote that Sotomayor's opinion “lacks a clear statement of either the claims raised by the plaintiffs or the issues on appeal.” “Indeed, the opinion contains no reference whatsoever to the constitutional claims at the core of this case,” he said.
Sotomayor has also come under fire for a 2005 video in which the judge declared at Duke University Law School that “the court of appeals is where policy is made.” The video has been making the rounds on the Internet following news of the nomination this morning.
Upon making the comment, the Latina judge immediately appeared embarrassed, adding: “and I know this is on tape, and I should never say that, because we don't make law, I know. … I'm not promoting it, I'm not advocating it, I'm – you know.”
Jenn Giroux, the founder and executive director of Women Influencing the Nation, expressed “grave concern” over the Sotomayor pick to LifeSiteNews.com (LSN) today.
Given Sotomayor's record, said Giroux, “she looks like she is very comfortable trying to deliberately change the law from [the bench].”
Americans United for Life (AUL) President & CEO Dr. Charmaine Yoest responded to the nomination, saying, “For all the President's talk of finding 'common ground,' this appointment completely contradicts that hollow promise. Judge Sonia Sotomayor's judicial philosophy undermines common ground.”
“She believes the role of the Court is to set policy, which is exactly the philosophy that led to the Supreme Court turning into the 'National Abortion Control Board,' denying the American people the right to be heard on this critical issue,” continued Yoest. “This appointment would provide a pedestal for an avowed judicial activist to impose her personal policy and beliefs onto others from the bench.”
The nomination will now be sent to the Senate for confirmation.
See related LifeSiteNews.com coverage:
U.S. Supreme Court Justice Souter to Leave Open Seat in June
https://www.lifesitenews.com/ldn/2009/may/09050102.html