Conservatives will likely paint Supreme Court nominee Sonia Sotomayor as an activist judge at the Senate Judiciary Committee hearings, which are set to begin Monday.
Those who oppose her nomination may focus on her remark about a “wise Latina” who would “hopefully” make better decisions because of her life experiences than a white male judge who had not shared them.
A CNN/Opinion Research poll reports that 47 percent say she should be confirmed, 40 said she should not, while 13 percent were unsure. Previous judges carried higher numbers: John Roberts (60/26), Samuel Alito (54/30), Ruth Bader Ginsburg (53/14), Clarence Thomas (52/17). She received the highest rating from the American Bar Association, and even an endorsement from former Clinton special prosecutor Ken Starr.
During Sotomayor’s time as a judge, she’s never ruled directly on anything related to Roe v. Wade. But Democratic Senators Dianne Feinstein and Benjamin Cardin, both of whom are pro-choice, said they spoke with Sotomayor about Roe and were encouraged by her answers. Republican Senator Jim DeMint asked Sotomayor during a private meeting whether she believed an unborn child had any rights. According to the release, she said she “had never thought about it.”
Pro-life groups are most concerned about Sotomayor’s involvement with the Puerto Rican Legal Defense and Education Fund, which filed at least six briefs related to abortion.
Several conservative women groups released statements earlier this week outlining their concerns about Sotomayor:
Charmaine Yoest, President and CEO of Americans United for Life
Her record of activism in support of a radical pro-abortion agenda is clear and documented. This is a judge with a record significantly worse than Judge Souter’s. We are asking the Senate Judiciary Committee to seriously consider the consequences of confirming a Supreme Court justice whose radical record shows she would rule against all common-sense legal protections for the unborn, including parental notification, informed consent and bans on partial-birth abortion.
Connie Mackey, senior vice president for FRCAction
… Sonia Sotomayor is a judicial activist who will use the courts to make policy reflective of her own personal judgments as opposed to ruling based upon the tenets put forth by the Constitution. Her career as an activist is well-documented and disqualifies her from taking the 9th seat on the United States Supreme Court.
Marjorie Dannenfelser, president of the Susan B. Anthony List
Sonia Sotomayor’s record of support for judicial activism and her work for the pro-abortion Puerto Rican Legal Defense Fund offer little comfort that she will be a friend to the unborn on the Supreme Court. Given what we know about Sonia Sotomayor’s own judicial philosophy, including her support of policymaking from the bench, senators have just cause to reject her appointment to the United States Supreme Court.
Genevieve Wood, vice president of strategic initiatives at The Heritage Foundation
I am troubled by Judge Sotomayor’s rejection of Justice O’Connor’s favored adage that a wise old man would reach the same conclusion as a wise old woman. It is deeply offensive that she has suggested that the sexes and ethnicities ‘have basic differences in logic and reasoning,’ and even more offensive that she believes it is somehow patriotic to indulge in gender or ethnic biases.
Wendy Wright, president of Concerned Women for America
She worked with organizations that aggressively fought against common-sense regulations on abortion. Her flippant dismissal of cases and unwillingness to provide Constitutional reasoning for her decisions exposes her arrogance, disrespect for our judicial system and the people whose lives are dramatically impacted by her decisions.
