Judge Sotomayor, if confirmed, would be the first Puerto Rican Justice on the court. She is a respectable judge, but her comments in the following video has raised some controversy on the right.
In the Constitution, there are three branches of government. The Executive Branch is given the job to carry out and enforce laws. The Legislative Branch makes laws/policy. The Judicial Branches job is to interpret, and uphold the Constitution. That's the constitution at its simplicity.
Now that we have reviewed a 7th Grade history lesson, can someone tell me why a Judge, with over 20 years experience, says that the Judicial Branch makes policy? The sole job of the court is to interpret the laws and uphold the Constitution. Elected Representatives do the legislating, not appointed officials.
Other than her comments, Ms. Sotomayor has a record of judicial activism, a racial bias, and being overturned by the Supreme Court.
A Few Cases Involving Judge Sotomayor:
-- In one case reversed by the Supreme Court, Sotomayor and the majority on the appeals court ruled that an inmate could sue a private corporation for injuries he suffered in a halfway house run by that company. Though the company operated the house on behalf of the Bureau of Prisons, Sotomayor argued that the company was not shielded from liability. The Supreme Court reversed the appeals court decision in 2001.
-- In another case, Sotomayor dissented in a 2006 opinion that rejected a challenge to a New York law denying convicted felons the right to vote. She argued in her own dissenting opinion that the state law "disqualifies a group of people from voting."
-- Sotomayor, in 2003, also wrote an opinion that reversed a district court decision that a Muslim inmate's rights were not violated when he was denied a holiday feast. Sotomayor argued that the inmate's First Amendment rights were violated because the feast was important to his religion.
-- In 1999, Sotomayor dissented in a decision to dismiss a case in which a black student claimed his school discriminated against him by transferring him mid-year from first grade to kindergarten. Sotomayor argued that the "lone black child" in the class was not given an "equal chance."
-- In 2007, Sotomayor wrote an opinion holding that the Environmental Protection Agency could not perform a cost-benefit analysis to determine the "best technology available." She wrote it could only consider cost as a factor in more limited ways. This decision, too, was overturned by the Supreme Court.
-- In 1993, Sotomayor threw out evidence obtained by police in a drug case, because a detective lied to obtain the search warrant -- prosecutors agreed to a plea bargain. However, during sentencing Sotomayor made controversial statements by criticizing the five-year mandatory sentence, calling it an "abomination" that the defendant did not deserve.
The President has the numbers on the Senate Floor to confirm Ms. Sotomayor, but in order for the nominee to be sent to the floor for confirmation, rule #4 of the Judiciary Committee states, 10 or more members must vote to send the vote to the floor, and one must be from the minority party. If Republicans do not think Ms. Sotomayor is capable of upholding the constitution, they can simply not vote to send the vote to the floor.
Source: Foxnews


