Princeton Yale New York Assistant District Attorney and now U.S. Court of Appeals Judge Sonia Sotomayor appears to be an outstanding selection for the U.S. Supreme Court but the verdict is not in yet.
Whether its Judge Sotomayors impressive" record as a U.S. Court of Appeals Judge she has been overturned by the U.S. Supreme Court in 60 of the cases they have heard from her court or her now infamous racist ideology hoping a Latina woman would reach a better conclusion than a white male when deciding cases the Judge must certainly be examined further and not simply rushed through the confirmation process.
Those outside of the legal community can easily be persuaded by the media to gloss over significant case decisions authored by Judge Sotomayor which provide a key insight into her likely disposition if confirmed. Of course this is where the media is lacking in their coverage by focusing primarily on the Judges resume versus her written history on the bench.
Consider one of Judge Sotomayors most recent decisions in Ricci v. DeStefano. In this case a three judge panel of the Second Circuit Court of Appeals that included Sotomayor dismissed a case where Caucasian and Hispanic firefighters were denied promotions in New Haven Connecticut. When a group of firefighters were given an exam and no black firefighters scored high enough to be promoted the test was thrown out and no one was promoted. Apparently the Judges Latina experiences" prevailed over justice. Her racist tendencies influenced her ruling denying the firefighters the promotions they had earned.
However Judge Sotomayors experiences" go far beyond race which should perhaps cause Senators even greater pause during her confirmation hearing. As the Heritage Foundation reported in addition to Judge Sotomayors outrageous rulings against equal rights she has also made egregious rulings regarding property rights and gun rights.
In Didden v. Village of Port Chester Judge Sotomayor affirmed the city of Port Chesters condemnation of land which plaintiff Bart Didden planned to build a pharmacy on. Didden had been approached by a politically connected developer who demanded either $800000 from Didden or a 50 stake in his pharmacy. When Didden did not comply the very next day Port Chester condemned the land through eminent domain.
Then in Maloney v. Cuomo Judge Sotomayor joined an opinion holding that it is settled law" that the Second Amendment only limits federal and not state gun control laws. Even the famously liberal Ninth Circuit reached the opposite conclusion last month in Nordyke v. King.
As promised during his campaign President Obama based his criteria for selecting a U.S. Supreme Court justice on finding someone with heart" and empathy." As seen in these cases it appears that Judge Sotomayor legislated from the bench based upon her feelings and ideology rather than applying the law. However we are a nation based upon laws.
Therefore during the confirmation hearing it is important for the Senators to ask exactly what she meant in 2005 when she told a Duke University Law School audience that the Court of Appeals is where policy is made." Did she forget that Congress is the branch of government that passes laws and makes policy? It is crucial that the Senate closely examine Judge Sotomayors rulings and her willingness to uphold the Constitution and the laws of the United States of America.
Gina Parker Ford - CEO of Dental Creations Ltd. a dental manufacturing company and a successful attorney - is the National Eagle Forum Chairman for Judicial Reform.
Princeton Yale New York Assistant District Attorney and now U.S. Court of Appeals Judge Sonia Sotomayor appears to be an outstanding selection for the U.S. Supreme Court but the verdict is not in yet.
Whether its Judge Sotomayors impressive" record as a U.S. Court of Appeals Judge she has been overturned by the U.S. Supreme Court in 60 of the cases they have heard from her court or her now infamous racist ideology hoping a Latina woman would reach a better conclusion than a white male when deciding cases the Judge must certainly be examined further and not simply rushed through the confirmation process.
Those outside of the legal community can easily be persuaded by the media to gloss over significant case decisions authored by Judge Sotomayor which provide a key insight into her likely disposition if confirmed. Of course this is where the media is lacking in their coverage by focusing primarily on the Judges resume versus her written history on the bench.
Consider one of Judge Sotomayors most recent decisions in Ricci v. DeStefano. In this case a three judge panel of the Second Circuit Court of Appeals that included Sotomayor dismissed a case where Caucasian and Hispanic firefighters were denied promotions in New Haven Connecticut. When a group of firefighters were given an exam and no black firefighters scored high enough to be promoted the test was thrown out and no one was promoted. Apparently the Judges Latina experiences" prevailed over justice. Her racist tendencies influenced her ruling denying the firefighters the promotions they had earned.
However Judge Sotomayors experiences" go far beyond race which should perhaps cause Senators even greater pause during her confirmation hearing. As the Heritage Foundation reported in addition to Judge Sotomayors outrageous rulings against equal rights she has also made egregious rulings regarding property rights and gun rights.
In Didden v. Village of Port Chester Judge Sotomayor affirmed the city of Port Chesters condemnation of land which plaintiff Bart Didden planned to build a pharmacy on. Didden had been approached by a politically connected developer who demanded either $800000 from Didden or a 50 stake in his pharmacy. When Didden did not comply the very next day Port Chester condemned the land through eminent domain.
Then in Maloney v. Cuomo Judge Sotomayor joined an opinion holding that it is settled law" that the Second Amendment only limits federal and not state gun control laws. Even the famously liberal Ninth Circuit reached the opposite conclusion last month in Nordyke v. King.
As promised during his campaign President Obama based his criteria for selecting a U.S. Supreme Court justice on finding someone with heart" and empathy." As seen in these cases it appears that Judge Sotomayor legislated from the bench based upon her feelings and ideology rather than applying the law. However we are a nation based upon laws.
Therefore during the confirmation hearing it is important for the Senators to ask exactly what she meant in 2005 when she told a Duke University Law School audience that the Court of Appeals is where policy is made." Did she forget that Congress is the branch of government that passes laws and makes policy? It is crucial that the Senate closely examine Judge Sotomayors rulings and her willingness to uphold the Constitution and the laws of the United States of America.
Gina Parker Ford - CEO of Dental Creations Ltd. a dental manufacturing company and a successful attorney - is the National Eagle Forum Chairman for Judicial Reform.
