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Will Republicans Capitalize On Sotomayor Nomination?

May 26th, 2009 by Garden State Patriot and tagged Judicial Activism, Obama Nominates Sotomayor, Senate Judiciary Committee, Senate Republicans, Sonia Sotomayor, Supreme Court


The nomination of Sonia Sotomayor to the Supreme Court presents Republicans with a huge opportunity. Sotomayor represents the typical, very left-wing jurist Republicans and conservatives have decried over the years. A nominee who has a record and philosophy of activism, with public statements to back it up (for more on Sotomayor’s record, you can check out Michelle Malkin’s write-up)

When Sotomayor comes before the Senate Judiciary Committee, Republicans should approach the hearings with the intent to educate the American people on the proper constitutional role and function of a judge; that it is NOT their role to legislate from the bench. This is a debate that is long overdue and Republicans ought to embrace it.

Republicans need to, once and for all, put to bed the ideas put forth by the Left that one’s race, gender or economic circumstances in life have any bearing on one’s qualifications for the Court. They need to explain to the American people that the only role of a judge is to fairly apply the law. Justice, as the old adage goes, ought to be blind.

Republicans might not win the battle over Sotomayor’s appointment, but they should at least strive to win in the court of public opinion by convincing the American people of the destructiveness of the judicial activism and the need to return the the kind of constitutional jurisprudence our Founders desired.

Some may cringe at the thought of having a ‘litmus test’ when it comes to judges. However, there are two areas where Republicans ought to have one. First, any potential judge who has a record of activism (read: legislating from the bench) should automatically be disqualified. Likewise any potential judge who has a record of looking to foreign law in their rulings also should be disqualified.

Senate Republicans, particularly those on the Judiciary Committee, will be under considerable pressure to oppose this nominee and advocate for the positions I have outlined above. I can only hope that they will have the backbone to do so.

Cross-posted at Conservatives with Attitude! 

Category Conservatism, Judicial Activism, Obama Administration, Republican Party, The Culture War |



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