As the confirmation hearing proceeds, it is worth remembering the
important areas where Judge Sonia Sotomayor is on the liberal
extreme. Robert Alt of the Heritage Foundation helpfully
covers three of the most important cases. He
writes:
Throughout her career, Judge Sotomayor has made statements and
issued decisions that raise grave concerns about her
impartiality, her judicial philosophy, her views on ethnicity
and gender, and her perspective on issues ranging from gun
rights, to property rights, to U.S. courts' reliance on foreign
law. With that in mind, here are three troublesome cases that
will highlight the hearings:
Second Amendment. Everyone knows about the 32
words Judge Sotomayor uttered about the "wise Latina woman,"
but what about the 11 words? That's how many she dedicated to
determining whether a state law prohibiting weapons possession
involved a fundamental right. She held that the Second
Amendment doesn't apply to the states -- a ruling that would
permit local governments to completely ban gun possession if
they so desire.
Sotomayor's defenders have suggested that this case is an
example of judicial restraint, because she relied upon 19th
century cases in deciding that weapons could be outlawed. But
the Supreme Court just last year said those cases do not meet
the requirements of current law. This defense also ignores that
Sotomayor did not cite a single case in her decision, just
dismissing seven pages of analysis that the Ninth Circuit
conducted to reach the conclusion that the right to bear arms
is a fundamental one, deeply rooted in our nation's history.
About the Author
Doug Bandow is a Senior Fellow at the Cato Institute and the Senior Fellow in International Religious Persecution at the Institute on Religion and Public Policy. A former Special Assistant to President Ronald Reagan, he is author of Beyond Good Intentions: A Biblical View of Politics (Crossway).