Justice Sotomayor

by Pejman Yousefzadeh on July 29, 2009

We will be calling her that soon. Sonia Sotomayor has advanced out of the Senate Judiciary Committee with a favorable 13-6 vote, with Lindsey Graham being the only Republican to have supported her.

I have tried to find reasons to think that Judge Sotomayor is a good pick. (I preferred that the President pick Cass Sunstein.) But at the end of the day, my thoughts on the Sotomayor nomination are about the same as those of Ilya Shapiro:

Given Sotomayor’s repeated rejection of the idea that law is or should be objective or discernible from written text, her inability in oral and written testimony to even state a position on important cases and legal doctrine beyond an acceptance of precedent—by which she would no longer be bound in her new role—leaves me with an abiding concern about the damage she could do to the rule of law in this country. I am similarly hard-pressed to accept hearing-seat conversions that contradict over 15 years of speeches and articles: most notably on the idea that judges’ ethnic backgrounds—and even “physiological differences”—should affect their rulings and on using foreign law to inform constitutional interpretation. Because of her evasion, obfuscation, and doubletalk, I like Sotomayor less now than when she was first nominated.

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