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Supreme Sonia: Fear What She Will Do Outside of the Court, Not Inside

A_Freeman Wrote: Aug 18, 2009 6:48 PM
However poorly qualified we may consider a Sotomayor or a Warren it is the President who nominates and Senate that confirms. When you have legislators who misunderstand(benefit of the doubt)the scope of the grant under which they operate it is only natural that justices who are constitutionally illiterate and base their decisions on post ratification thought, rather than preratification context and ignore the stated intent of those who frame and ratify will be seated.
In regards to legislators, think of John Conyers comments on the need for two days and two lawyers to go through the health care bill. Why should legislators not have a grasp of the law they labor under that then directs and enables them to craft legislation?...

The prime focus of concern since Judge Sonia Sotomayor was nominated for the Supreme Court has been on what extent, freed from the constraint of appellate reversal of her judicial opinions, she might apply her racial and gender philosophy. Her speeches and her long record of support for ethnic activism might influence her work on the Court, secure in life tenure and answerable to no higher authority.

But her confirmation testimony suggests that she is not likely to be a persuasive influence on the eight other Justices, each of whom has strong convictions. Even swing Justices, though not tethered ideologically,...

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