Sonia Sotomayor’s story is a great American story. Like Barack Obama hers is a story of overcoming adversity to live the American Dream. For that we should admire her and applaud her. However, her nomination to the United States Supreme Court is a poor choice.
Her personal story, her life experiences, her empathy, would all be excellent qualities as a Congresswoman representing the interests of her district and giving a strong voice to those she represents. But the Supreme Court and all courts for that matter are based on two principles: Blind justice and the original intent of the United States Constitution.
Blind Justice
We’ve all seen the famous statue of Lady Justice. She holds scales in one hand and a sword in the other. More importantly she is blindfolded. The reason for the blindfold is so that she does not take into account what she sees, that is, she ignores race, sex, social status, height, weight, etc. In other words she applies justice equally without regard to any personal factors. Judge Sotomayor has said:
“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life,”
How does that work? If a white male candidate had made a statement like this his nomination would not only go down in flames, he would probably be removed from the bench on which he was currently sitting. Are there different laws for Latina women? Are the laws applied differently based on your race or your upbringing? If she makes that statement as a Congressional candidate representing a Hispanic district running against a white male opponent, that statement is fine, but as a judge, no.
Original Intent
There is an ongoing debate about the Constitution in this country with conservatives standing behind the original intent of the document and liberals saying that the Constitution is living, breathing and should evolve. If you believe the latter point of view, we have no constitution. It is whatever a judge today says it is. Tomorrow? Who knows, it may take another breath.
Judge Satomayor says that policy is made on the Court of Appeals. (Video - Policy is Made on Court of Appeals.) Laws are made in the legislative branch, which is Congress at the Federal level. Policy is typically made in the Executive Branch in enforcing the laws. The courts function is to interpret the laws written by the legislature, not to make new laws to their liking. Such a statement by Judge Sotomayor is dangerous. She is openly saying that she believes that the courts should usurp the function of Congress and other legislatures and has no problem with that. Think about it. A Supreme Court Justice is a lifetime appointment with no recourse to the people. If we are going to have judges make our laws, let’s shut down the Congress. I can guarantee you that no judge is going to write a 900 page opinion that no one will read. It is the same effect. It is also the same as taking away the right to vote, because once appointed, judges who make laws are not accountable to anyone.
Withdraw Your Name and Run for Congress
If you want to make laws, run for Congress. I may disagree with your positions, but your qualifications for the legislature are excellent. But judges must apply the law according to the Constitution.
