Wednesday, July 15, 2009


One way to get out of political hot water: Lie about what you said. Judge Sotomayor has thrown liberal judicial activism 'under the bus' as a way to deflect criticisms from Republicans over her very questionable rulings, like Ricci case, and statements ("wise Latina") and associations with radical groups that expose her biases.

Republicans like Sen Jeff Sessions are saying: "Blind, equal justice is the foundation of our remarkable legal system and the bulwark of our shared freedoms." Judge Sotomayor could have challenged that forthrightly. Even though the polling shows Americans don't want liberal activist Judges, there are 60 Democrat votes in the Senate to confirm a fothright liberal activist. Instead, Sotomayor fled from the 'empathy' standard, choosing political expediency over honesty. Instead, we get a different Sotomayor on the role of Judges today than in her past:

JUDGE SONIA SOTOMAYOR: “We don’t make policy choices in the court. We look at the case before us with the interests that are argued by the parties, look at our precedent, and try to apply its principles to the arguments parties are raising.”

JUDGE SONIA SOTOMAYOR: “All of the legal defense funds out there. They are looking for people with Court of Appeals experience. Because it is -- Court of Appeals is where policy is made. And I know, I know this is on tape. And I should never say that because we don't make law, I know. [Laughter]. I'm not promoting it. And I'm not advocating it, you know. OK. [Laughter].” (Judge Sonia Sotomayor, Remarks At Duke University Law School, 2/25/05)

No wonder some commentators are quipping "Soto-liar". While I wouldn't advise comments like Judge Ginsburg's comments that Roe v Wade was about reducing population, something better than "my words failed" and direct contradictions with previous statements would help.

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