Ben Shapiro

-- Does she believe that Kelo v. City of New London (2005) was rightly decided? That case found that the clause in the Fifth Amendment allowing "private property [to] be taken for public use" means that the government can hand my property over to you because you pay more taxes. If she believes that, she isn't just legally wrong, she's clinically insane.

-- Does she believe that Lawrence v. Texas (2003) was rightly decided? There is no right to sodomy in the Constitution, and there is no right to privacy more generally. Justice Anthony Kennedy says in Lawrence that "The petitioners are entitled to respect for their private lives." The Constitution does not guarantee respect for anyone's private life, and anyone who believes that is either illiterate or willfully blind.

Sotomayor fails each and every one of these tests. She backed the Court's nonsensical rulings in all of these cases, and expressly cited stare decisis -- the principle that future Supreme Courts are bound by previous Supreme Court judgments. In defending the Court's egregious Kelo decision, for example, Sotomayor said, "I must give it the deference that the doctrine of stare decisis would suggest." In commenting on Roe v. Wade, Sotomayor said it was "settled law."

Stare decisis is an easy way for judges to confirm decisions with which they agree while discarding decisions with which they disagree. Sotomayor presumably would not have cited stare decisis if judging Brown v. Board of Education (1954), the case overturning the pro-segregation decision Plessy v. Ferguson (1896). Stare decisis is only to be cited if you like the Court's previous decision. If not, judges utter the magic words: "circumstances have changed," then proceed to utterly overthrow the previous decision.

The simple fact is: Sotomayor, for all her bluster about applying the law and judging impartially, is a liar. Her support for decisions that completely remold the law at judicial discretion demonstrates her desperate wish to be a second legislature. But this is why we have the advice and consent process by which the Senate confirms judicial nominees: to weed out the worst, like Sotomayor. Unfortunately, our senators are too gutless to set up real litmus tests, instead falling back on "empathy" and "life stories" and "judicial temperament" in order to boost their political allies to power.

Ben Shapiro

Ben Shapiro is an attorney, a writer and a Shillman Journalism Fellow at the Freedom Center. He is editor-at-large of Breitbart and author of the best-selling book "Primetime Propaganda: The True Hollywood Story of How the Left Took Over Your TV."
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