Friday, July 10, 2009

Sotomayor...Activist?

A study by New York University Law School’s Brennan Center for Justice has analyzed 1,194 constitutional cases decided during Judge Sotomayor’s tenure on the Second Circuit and found her to be solidly in the mainstream of the bench. On the Second Circuit, Judge Sotomayor has voted with the majority in 98.2% of constitutional cases and 94% of her constitutional decisions have been unanimous.

-- If Sotomayor is an activist, then what does that say of all the other judges who voted with her on 98.2% of constitutional cases? In fact, Republican appointees have agreed with her decision to hold a challenged governmental action unconstitutional in nearly 90% of cases. Yes, her ethnic race and upbringing has influenced her decision-making I'm sure. But we certainly can say the same for Chief Justice Roberts, Justice Scalia, and the other 6 judges on panel. Each judge brings a unique perspective to the court. In the end, her ACTUAL rulings have proven to be rather consistent with her colleagues, and statitistics show that she will not rule as an outcast who will single-handedly misinterpret and undermine the values and morals of our constitution.

You can catch the whole rundown of the Brennan Center's report here.

p.s. Couldn't agree more on Obama's take on choosing Supreme Court judges:

He said adherence to precedent and rules of construction and interpretation will only get you through the 25th mile of the marathon. What concerned him most was the last mile, one that must take account of “broader perspectives on how the world works.”

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