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May 27, 2009 Here comes justicePosted: 04:29 PM ET
NEW YORK –The news is only a day old and, already, I have issues with the coverage.
Judge Sonia Sotomayor with President Barack Obama after announcing her as his Supreme Court nominee Issue one: Barack Obama did not pick judge Sotomayor just because she is Puerto Rican or female. The president picked her, first and foremost, on merit. The woman went to Princeton on scholarships, graduated summa cum laude; she then went on to Yale Law School where she edited the Yale Law Journal. The story of her life journey, including the fact that Sotomayor comes from the projects, only serves to underscore her intellectual prowess, as do her race and gender, since she came up at a time when few women of color went to law school at all. The bottom line: Judge Sotomayor is more qualified than any of the current justices were at the time of their appointments. Issue two: The description of Sotomayor as a judicial activist. Anyone who has taken the time to study her record has to know that any description of her as such is plainly false. While she may be a trailblazer in life, she is a moderate in law. Yes, she will have to explain some off-the-cuff remarks she has made, when she gets to Capitol Hill; but the very fact that the opposition has to dig that deeply for fodder with which to criticize this impressive woman, only demonstrates the strength of her record as a judge. As the New York Times headline reads today – “A Careful Pen With No Broad Strokes.” Issue three (and most concerning): The suggestion that the practice of law should have nothing to do with empathy. Of course the rule of law must always prevail; and it is for judges to apply the law not to change it when they don't like it. To suggest that a judge should not be cognizant of the real world consequences of her decisions, however, is to ignore the reasons so many of us go to law school in the first place. That is, as Sotomayor suggested in her remarks yesterday, to sustain the vision of the Founding Fathers and a Constitution that protects the minority from the tyranny of the majority. Who better to do that than a minority woman with the intellectual heft of her forbearers? That is why she will ultimately prevail. -Jami Floyd, In Session anchor Filed under: Supreme Court |
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