26 May 2009

Sotomayor Is Obama's First Supreme Nominee

STILL MORE: WEDNESDAY, May 27, 2009, 4:41 PM -- Commentary from Ken Blackwell, Newt Gingrich, Howard Kurtz, Te-Nuiesicoates, Neomi Reo, Alan Gottlieb, Dave Workman, and Glenn Sulmasi.

MORE: WEDNESDAY, MAY 27, 2009 -- Already, 60 percent of her decisions to be appealed on up to the U.S. Supreme Court have been reversed. It appears yet another of her rulings is going to be overturned by the high court in the coming weeks. The more I read, the more I am coming to the conclusion that she doesn't care about the Constitution or blind justice, she cares about making law her way.
UPDATED: TUESDAY, MAY 26, 2009 -- A correction to my earlier post. Apparently Judge Sotomayor HAS ruled on a firearms related case. According to the Second Amendment Foundation, Judge Sotomayor ruled on a Second Circuit Appeals Court panel that the Second Amendment is not a fundamental right and does not apply to the states in the case of Maloney v. Cuomo. This ruling is in direct conflict with a Ninth Circuit Court ruling in the Nordyke v. King case in California that the Second Amendment is incorporated through the due process clause of the Fourteenth Amendment.

Incorporation may be taken up by the high court during its next session beginning in October , because attorneys in the Maloney case plan to appeal in late June.

“If the Maloney appeal is accepted by the Supreme Court,” asks Alan M. Gottlieb of the SAF, “would Justice Sotomayor – provided she is confirmed – recuse herself from deliberations?”

I told you things would get interesting!

Sure she will make history, and may well be an accomplished jurist. But when I write in the headline, "Supreme Nominee," I am not referring to her superb capabilities. No, merely that this nomination is for the Supreme Court. Let's be clear on that first and foremost.

However, as justice is supposed to be blind, why is U.S. Supreme Court nominee Judge Sonia Sotomayor being championed for noting that she thinks someone of color such as herself, a Latina, is a better judge of right and wrong than white men? Her words, not mine.

As I noted, justice is supposed to be blind. Justice is supposed to look at the law, and determine whether it is constitutional. Justice is not supposed to be swayed by international events, or the laws of other nations, but whether something fits the rights as outlined in our more important of national documents, the United States Constitution.

Judge Sotomayor has not ruled on firearms, nor on a handful of other hot button issues. The hearings in the U.S. Senate, I hope, will be enlightening.

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