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July 13, 2009


Liberal Lawyer

She is a well qualified jurist and deserves to be on the Supreme Court. Period. She has been a prosecutor, trial judge, and appellate judge with stellar academic credentials. Also, the President is the one that makes the call on her qualifications, the Senate's job is to advise and consent, but as a general matter should defer to the President's choice absent a compelling reason not to do so. Just as a Democratic controlled Senate did when they confirmed Clarence Thomas, a conservative appointee with questionable qualifications who, let's face it, was picked because of his identity - being one of the few black conservatives that the Republicans could find to fill a seat vacated by the first black justice. As for empathy, I think it is healthy to have some empathy on the Court for the little guy as opposed to empathy for big corporations like justices Roberts, Scalia, Alito, and Thomas consistently show.

Bottom line, the country elected Obama, he has a filibuster proof majority in the Senate, and his pick will be confirmed.

dr. anthony

Judge Sotomayor, like any witness with a self interest, will massage her answers within the bounds of the truth so as to belay the uderlying point of the question. Human behavior experts tell us that the best predictor of future behavior is past behavior, not so in this situation. The Supreme Court provides a context like no other. The overview and relatively speaking limited power of a Circuit judge will soon fade once she is confirmed. If we believe that Justice Sotomayor will, once freed from the bindings of review, will change her progressive perceptions and ideology, then we are all mistaken. "Fidelity to the Law" means one thing to a "wise Latina" and another to an originalist who uses that same phrase within the context of a cross-examination.
I will offer this considered opinion, the presence of Justice Sotomayor on the Supreme Court will lessen that institution's credibility with the public. The implications of that are far reaching and are not easily undone once in place. Identity politics has replaced merit when it comes to judicial appointments. We see appointments driven by identity and not merit at every level of judicial system. This practice, though well-intentioned, has done nothing to improve the adjudication of justice. In medicine we want the BEST DOCTOR, not a doctor who, because of his or her cultural, gender or socioeconomic status, has come to represent a social engineers well-intentioned, but ill-informed, attempt to remedy past prejudices.

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