Jim Watkins
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7:55PM | May 26, 2009 | comments: 13

Judging Judge Sotomayor

Nothing brings out good old American partisan politics like a new Supreme Court nominee, as we’re seeing by initial reactions from both sides of the political divide to President Obama’s nomination of Bronx native Sonia Sotomayor to the high court. Here are a few of the basic positions you’ll hear over and over again during the next few months of the confirmation fight:

Even before her selection was announced today, Republicans had Sotomayor pegged as a liberal who makes policy from the bench. From National Review Online:

Judge Sotomayor is a liberal judicial activist of the first order who thinks her own personal political agenda is more important that the law as written. She thinks that judges should dictate policy, and that one's sex, race, and ethnicity ought to affect the decisions one renders from the bench.

And here’s a tape of comments made by Sotomayor in a panel discussion from several years ago, in which she basically acknowledges that federal appeals court judges do, in fact, make policy through their rulings. You’ll be seeing a lot of this tape in the months ahead:

But some legal experts are countering this by saying she was merely stating the obvious about what appeals courts are supposed to do in the American legal system:

Eric Freedman, a law professor at Hofstra University, was equally dismissive of this emerging conservative talking point. ‘She was saying something which is the absolute judicial equivalent of saying the sun rises each morning. It is not a controversial proposition at all that the overwhelming quantity of law making work in the federal system is done by the court of appeals... It is thoroughly uncontroversial to anyone other than a determined demagogue.’”

Others are focusing on Sotomayor’s status as the first ever Hispanic to be nominated to the U.S. Supreme Court. This fairly even-handed piece from the Huffington Post asks if the nomination has painted Republican opponents into a corner by having them try and block a woman from an ethnic group they need to rebuild their party:

The Republican leadership has already indicated that they view the fight over Obama's Supreme Court nominee as a good opportunity to unify their base and that, among those on the short list, they were most eager to go after Sotomayor. But if they follow through, if they do decide to spend the next two and half months waging an impossible fight against a nominee whose confirmation is all but guaranteed, they may cause permanent damage. If the Hispanic community abandons the Republican party altogether, the Republican party can abandon any hope of regaining power in American politics.

Another factor for New Yorkers, of course, is her background as a high-achiever from very modest beginnings in the South Bronx. With an old crime fighter like Manhattan D.A. Robert Morganthau (Sotomayor’s first boss out of law school) singing her praises, and a respected centrist like Mayor Bloomberg doing likewise, it might be hard for opponents to effectively paint her as squishy-headed, soft-on-crime liberal.

So there are some of the basic battle lines already drawn as the confirmation fight begins. Mull them over, and let me hear from you in comments about how you think this is going to play out, and/or how you think it SHOULD play out.

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Comments: 13

Posted by Frederick R. Bedell Jr. at May 26, 2009 8:49 PM

Well Jim. I think I would need more information on Judge Sotomayer and the legal decisions she had made which could determine what kind of justice she might make. We also need to realize that her appointment could add a valuable voice to the cout. I do think President Obama has given this quite a bit of thought. I do think that since Judge Sotomayer has come up from some humble beginnings and that makes me think she might have a great deal of concern for the common men and women and their need for equal justice. Well I guess we will have to see how this plays out. Republicans should consider her qualifications and not vote aganist her just because of a need to engage in some sort of power play.

Posted by Aaron at May 26, 2009 10:17 PM

Judge Sototmeyer is great example to kids and teenagers who think there lives are determined on how they grew up where they live but for a woman who lived in the projects to go on to graduate from princeton and yale law it is truly motivational

Posted by Anonymous at May 26, 2009 10:28 PM

SHE IS A RADICAL AND A RACIST AND THINKS SOCIETY OWES MINORITIES. WE LIVE ON A LEVEL PLAYING FIELD JUST LOOK AT THE WHITE HOUSE WE HAVE A BLACK PRESIDENT... IT DOESN'T GET ANY MORE FLATER THAN THAT...

Posted by KC at May 26, 2009 11:09 PM

I saw that video before.
"in which she basically acknowledges that federal appeals court judges do, in fact, make policy through their rulings."
This the common judicial problem now a day - those activist judges try to do congress's job to make laws which they have no right to do so. And don't even try to supercoat it, to try to interpret what she meant by that. It is what she meant.
If judges try to make laws, then we don't need 3 branches of gov and the check and balance anymore.

Posted by brian at May 26, 2009 11:30 PM

If judges follows his/her personal beliefs and render a decision based on those beliefs then the laws of the land pretty much desintegrates, which leads to anarchy.

Our society is based on laws.

Granted she is only one of the justices... if confirmed.

Posted by Judy at May 26, 2009 11:40 PM

Today was such a special day for me, I was all smiles - my classmate was nominated to the Supreme Court! I couldn't be prouder of her if we were related. Sonia is both brilliant and kind, a wonderful combination. That is the person she was when I first met her back in our high school days in 1968, and from what I can see, these are the two qualities that President Obama saw in her, 40 years later. I am confident she will make an historic addition to the Supreme Court. Congratulations Sonia! You go, girl! Blessings and love to you and yours!

Posted by Patricia Mejias at May 27, 2009 6:32 AM

Us Bronxites are all very happy about Sonia Sotomayor's nomination. But please let me correct you guys on something. She lived in the Bronxdale Houses which are located in THE SOUNDVIEW SECTION - NOT THE SOUTH BRONX. Anything South of the Bronx River is the South Bronx. Please correct that on your broadcast tonight.

Thank you.

Posted by Irene at May 27, 2009 10:54 AM

The nomination of a woman to the Supreme Court is a plus for the President. The nomination of a Latino woman is a plus + plus. The constant references to her humble beginnings is a plus + plus + plus. Now, let's look at the oppotunities (advantages) that she received because of her own drive and intellect, Princeton, wow. Law school, wow. Judgeship, wow, wow. Does she deserve to be on the highest court in the land, the Supreme Court, probably, but not because of the humble beginnings. Let's examine the records first, let's let Senate investigate the facts thoroughly before the appointment is rubber stamped. The media and the emotional climate of the country shouldn't dictate the outcome.

Posted by Anonymous at May 27, 2009 12:38 PM

PIX's MORNING NEWS SUCKS !

WHEN WILL THIS GARBAGE BE TAKEN OFF TV

Posted by KC at May 27, 2009 1:15 PM

"The media and the emotional climate of the country shouldn't dictate the outcome."
The liberal medias want her to get the job (same as they want Obama to get elected), so there will be bias reports coming..

Posted by KC at May 27, 2009 10:37 PM

And by the way, what does her life story of struggle has to do with the job requirement?

Posted by Mike Merola at May 29, 2009 2:59 PM

Judge Sotomayor should not be confirmed. I urge you to look up American Solutions and American Thinker. She is not qualified at all. I'm going to back with my time,money, and network of friends any effort to vote out of office anyone in the senate that does not make a real effort to Stop this person from being confirmed.

All Latinas should be promoted to positions for which they are not qualified and take jobs away from white men.

Let's start by firing Jim Watkins and promoting Lolita Lopez to news anchor.

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