A Case Against Sonia Sotomayor for Supreme Court Justice
 President Obama announced his nominee to replace Supreme Court Justice Souter. He named a judge on the U.S. Court of Appeals for the Second Circuit, Sonia Sotomayor. While we applaud the President for nominating a woman with such an impressive personal history, NFRW does not support this nomination. Obama claims that she is a great constitutionalist, does not let her personal opinions affect her decisions, and that she understands her role and the oath of a Supreme Court justice. Obama's claims could not be further from the truth.
Sotomayor Is Not A Great Constitutionalist
Someone needs to remind Sotomayor that Supreme Court Justices do not write policy. At a discussion panel held at the Duke School of Law in North Carolina in 2005, Sotomayor had this to say,
"All of the legal defense funds out there, they're looking for people with Court of Appeals experience because it is -Court of Appeals is where policy is made. And I know, and I know this is on tape, and I should never say that because we don't make law, I know. (laughing) Okay, I know. I know. I'm not promoting it and I'm not advocating it. I'm -- you know. (laughing)
Although Sotomayor likes a good laugh at the expense of the Constitution, we at NFRW take the Constitution very seriously. For example, contrary to her beliefs, policy decisions do not come from the judicial branch. We are concerned that Obama and his nominee do not follow the text of the Constitution.
Sotomayor Personal Opinions Affect Her Decisions
One of Sotomayor's former clerks had this to say, "Her general approach is, unsurprisingly, influenced by her unique background...She grew up in a situation of disadvantage, and was able, by virtue of the system operating in such a fair way, to accomplish what she did. I think she sees the law as an instrument that can accomplish the same thing for other people, a system that, if administered fairly, can give everyone the fair break they deserve, regardless of who they are."
Sotomayor Does Not Understand The Oath Of The Supreme Court
How can Sotomayor say she understands the role of the Supreme Court when the current Supreme Court has overturned her decisions as a judge on the U.S. Court of Appeals for the Second Circuit? On those occasions which the Supreme Court has reviewed Sotomayor's rulings, she has not fared well: - Correctional Services Corp. v. Malesko (2001), the Court reversed Sotomayor by a 5-4 vote.
- Merrill Lynch v. Dabit (2006), the Court, in an opinion by Justice Stevens, unanimously (8-0) reversed Sotomayor's ruling.
- In New York Times v. Tasini (2001), the Court, by a 7-2 vote, rejected the reading of copyright law that Sotomayor had adopted.
- Ricci v. DeStefano, the explosive case involving affirmative action in the New Haven fire department, which is now being reviewed by the Supreme Court.
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