Judge Sonia Sotomayor graduated from Princeton University summa **** laude in 1976 and attended Yale Law School. At Yale, she served as an editor of the Yale Law Journal and managing editor of the Yale Studies in World Public Order. She began her legal career in 1979 as an Assistant District Attorney in New York County. Since October 7th, 1998, Sonia Sotomayor has been a judge of the United States Court of Appeals for the Second Circuit. Despite the fact that President George H.W. Bush nominated Sotomayor for the district court judgeship, there is more to the story. "When President Bush nominated Sotomayor in 1991, the New York senators Moynihan and D'Amato, had forced on the White House a deal that enabled a senator not of the President's party to name one of every four District Court nominees in New York. Sotomayor was Moynihan's pick." According to Ed Whelan, it is likely that Bush only nominated her to move along the other nominees that Moynihan was holding up.
Judicial Activism
Judge Sotomayor appears willing to expand constitutional rights beyond the text of the Constitution. The most direct example of this is found in her decision in Malesko v. Correctional Services Corp., 229 F. 3d 374 (2d Cir 2000), rev'd 534 U.S. 61 (2001). In that case, Judge Sotomayor attempted to expand the liability of individual federal agents who violate constitutional rights to include corporations. In a 5-4 decision, the U.S. Supreme Court reversed the Second Circuit's decision. Chief Justice Rehnquist noted that the plaintiff was "seek[ing] a marked extension of Bivens, to a context that would not advance Bivens' core purpose of deterring individual officers from engaging in unconstitutional wrongdoing." Correctional Services Corp v. Malesko, 534 U.S. 61 (2001).
Sovereignty
Judge Sotomayor has written a foreword to a book called The International Judge: An Introduction to the Men and Women Who Decide the World's Cases, which suggests that she believes foreign case law and statutes have a role in the adjudication of U.S. cases.
Track Record
In an October 3, 2008 commentary on National Review Online, Ed Whelan pointed out that "[o]n those occasions on which the Supreme Court has reviewed Sotomayor's rulings, she hasn't fared well, drawing some pointed criticism and garnering at most 11 out of 44 possible votes for her reasoning across five cases.
No one expects that Barack Obama will select federal judges who are faithful to the Constitution, and many Americans (especially we Constitutionalists) have expressed a sense of alienation and futility in opposing Obama nominees. The truth is, however, that now is the time to mount the most vigorous campaign possible on behalf of Constitutionalist principles. James Madison said it well, "Knowledge will forever govern ignorance: and a people who mean to be their own Governors, must arm themselves with the power that knowledge gives."
Now is the perfect time to arm ourselves with knowledge — to become knowledge-empowered! You can begin this process by visiting our Eagle Forum web site www.eagleforum.org and clicking on "Blackstone Blitz" — a short but power-packed study designed for just such a time as this. Continue to arm yourself with additional knowledge from reputable sources as the Sotomayor nomination battle heats to a white-hot intensity, climaxing in the confirmation vote in the U. S. Senate. Share that knowledge, and let your leaders know the truth about Constitutionalist judging!
How close is the "portrait of Sotomayor" to the "portrait of a Constitutionalist judge"? Judge for yourself!!!
Comments:
Golfinsailor:
She may get passed but probably not, as she has in all likelihood not paid her taxes, and most probably has a few too many skeletons in her closet, if she did pay her taxes she would be the very first one of Obama's appointees that has.
WaitinForHopeNChange:
She already mis-spoke and then had to correct herself on judges ‘making laws’ instead of interpreting laws and judging whether they are in line with the Constitution… a Supreme Judge’s job.
rcbpage:
According to Obama, Judge Sotomayor, is a good woman, but she is a crappy judge, most of her opinions and judgments have been overturned by the supreme court as unconstitutional. she holds an judicial rating of 11 out of 44 points. and is extremely negatively biased against white males and toward woman and Latinos. She also believes that the judicial opinions on our laws should be based in the foreign laws of the EU and UN, and not our constitution. Another of her beliefs is that judges create policy, that one reason alone is enough to disqualify her.
AverageJill:
Judge Sotomayor dismissed the case of the New Haven, Connecticut Firefighters Claiming Reverse Discrimination. The U.S. Supreme Court has decided to hear the New Haven Reverse Discrimination Case… should make you (us) think!
She drew much negative from her opinion and stand on this case.
AmericanRights:
Many of Sotomayor’s comments and opinions are troubling! She has made statement like a Latina’s perspective would be different than a white males. Hello??? The law and especially the constitutional law is the law… period. If can’t be objective, this is not the job for you. It is not the job of the Supreme Court to make policy or affect policy in anyway! You want a Constitutional specialist or at least some who understands the position of a Supreme Court Judge to fill one of those nine seats, and that is not her. Sotomayor said, “ The Court of Appeals is where policy is made.” Hello??
ScaredInAmerica":
Sotomayor is liberal, a reverse racist, and believes that race and gender affect a judge’s rulings and opinions… and that that is okay. She has also been described as combative and not a team player.
AvrelJax:
There is not room for empathy or personal belief on the Supreme Court. Justices need to be able to put their personal politics away and interpret the law according to the Constitution; no more no less. This is not Judge Sotomayor!! Time for the next nominee!!
Posted: Knowledge Creates Power
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