Wednesday, May 27, 2009

SO I am reading about Judge Sotomayor and her pros and cons. I haven't had enough time to research her record, and so I will reserve judgment regarding her fitness as a Supreme Court Justice based on her judicial past.

I am, however disappointed in the response from the supposedly intelligent left and the media. A justice who has a "compelling personal story" and who "brings a Latina perspective to the bench" isn't, in my opinion, a good thing. A judge, especially a SUPREME, should be able to put aside race, gender, and religious heritage, and make a ruling on the evidence before him/her, and the law as written, or based on the constitution. To bring anything else to the bench is to do the position, and ultimately, the country and it's citizens a disservice. No one is above having biases. No judge is perfect, and all are human enough to let their biases affect their decisions. But a wise person who has attained a position in the supreme court should have the intelligence to put those aside as much as possible. Sotomayor has indeed told us that while she will try, her experiences as a Latina growing up will color her decisions. While I think it is admirable to admit this, it automatically negates her as a choice. I say this admitting that I could not (for may reasons) be a supreme court justice. I am too biased, and could not put those opinions aside to make the decisions as justice should. (plus I am not an attorney). But for a potential justice to freely admit that she will be biased is to remove yourself from the selection process.

I admire her honesty. I would hope that she is not confirmed.

But I am, admittedly, biased.

ETA:
More HERE

BTW: this is the oath that she will take....Can she uphold it? (emphasis mine)

"I, (name), do solemnly swear (or affirm) that I will administer justice
without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (title) under the Constitution and laws of the United States. So help me God."

Can she follow that oath, if she is to use her experiences as a Latina growing up in her job as a justice of the SUPREME COURT OF THE US?

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