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Sotomayor: Courts Where Policy Is Made

From the New York Post:


By CHARLES HURT Bureau Chief

May 6, 2009

WASHINGTON — Bronx federal appeals Judge Sonia Sotomayor, whose name appears on every short list of possible replacements for Supreme Court Justice David Souter, could face a tough battle if nominated — because of a video on which she claims judges make policy.

Rather than merely interpret laws written by Congress, she argued four years ago in a panel discussion at Duke University Law School, it is the US Court of Appeals that makes the rules of the land.

In addition to mangling the most basic lesson about the three branches of government, Sotomayor’s claim raises the hackles of conservatives who accuse liberal judges of trying to legislate from the bench.

"Court of Appeals is where policy is made," Sotomayor says on the tape…

"I know — I know this is on tape and I should never say that, because we don’t make law," she continued, to nervous laughter from the crowd. "I know, OK, I know."

Then she sought to distance herself a little by adding, "I’m not promoting it and I’m not advocating it."

But conservatives aren’t buying her afterthought backdown.

"In other words, Sotomayor believes that unelected judges like herself should be the nation’s policy-makers rather than sticking to interpretation of the law," said Curt Levey, who runs the conservative Committee for Justice.

Her follow-up admission "demonstrates that she knows her approach to judging is illegitimate," he said. "That makes the tape all the more damaging to her chances of being nominated to the Supreme Court." …

We realize that this is a slightly dated story.

But it really did not garner much press, especially in view of what it says about the way judges really feel about their work.

This article was posted by Steve on Wednesday, May 6th, 2009. Comments are currently closed.

10 Responses to “Sotomayor: Courts Where Policy Is Made”

  1. jrmcdonald says:

    She believes in the rule of law – since she makes the rules.

  2. MinnesotaRush says:

    “Absolute power, corrupts absolutely!”

  3. Reality Bytes says:

    When God made fools, he gave the need to tell people what they know.

    Thank You God. Now, about Joe Biden…

  4. Right of the People says:

    Someone should read the Constitution to this ninny.

  5. proreason says:

    She is 100% aligned with Obama’s judicial philosophy.

    Step 2: Rattner has a “liitle chat” with the judges.

  6. canary says:

    Well, since she hates whites, and female/gay, and Obama likes deviants and rebellions against society and America, she’s a shoe in. Then he will be lacking a straight female, so that straight women, can have a peer on the court.

  7. pdsand says:

    Maybe this is not the Sotomayor that Obama knew.

  8. 1laidbackRN says:

    Confirmation hearings are a joke. She (or anyone else for that matter) could show up naked, burn the flag and constitution on the floor of the senate and would still be confirmed by our illustrious leaders.

  9. BillK says:

    The Democrats will rubber stamp whomever Obama chooses.

    The Republicans will of course do the same in the name of “bipartisanship.”

    • Liberals Demise says:

      Ditto……..except I disagree with the “bipartisanship” part.
      It should read ,” ………because the Republicans are jellyfish / spineless!”

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