Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Tuesday, May 26, 2009

Not Impressed but Not Surprised

As most must know by now, President Obama has announced he will be nominating Judge Sonia Sotomayor for the supreme court.  At this point I find myself agreeing with the assessment of this nomination over at The Volokh Conspiracy 

My general sense is that she is very liberal, and thus likely to take what I consider to be mistaken positions on many major constitutional law issues. I am also not favorably impressed with her notorious statement that "a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." Not only is it objectionable in and of itself, it also suggests that Sotomayor is a committed believer in the identity politics school of left-wing thought. Worse, it implies that she believes that it is legitimate for judges to base decisions in part based on their ethnic or racial origins.
The more I think about it, the more this nomination bothers me. In particular, I'm having trouble getting past Judge Sotomayor's statement that, " ...I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."

That statement strikes 
me as rather racist on her part and, had a white male judge said something equivalent, I have to believe the left would be throwing a fit about it this morning.

It also brings up the issue that my ideal justice would work to suppress their personal experiences when ruling on the constitutionality of a law. Justices are meant to decide cases based on the text of the law and the way in which it was meant to be applied, not in the way in which they personally think it should be applied.


Time will tell but I believe that this is going to end up being just one more thing on the growing list of moves by President Obama which disappoint me but don't surprise me.

Thursday, September 4, 2008

Quick thoughts on the election

As this election cycle drags on it becomes more and more obvious to me just how close Senator Obama and Senator McCain are on a wide range of issues.  And while I certainly don't support either of their campaigns for the presidency, I am an independant with strong libertarian leanings after all, I think I have made up my mind as to which one of them I want to win, McCain.

There are two reasons for this.  The first is that in all likely hood three supreme court seats will opent up in the next 8 years, if not the next 4.  My libetairian idology forces me to be a much stronger supporter of justices who tend to support a more conservative interpritation of the constitution, as opposed to those who would have a more liberal interpritation.  Based on that I believe that Senator McCain will appoint far better justices than Senator Obama.

The second reason I want McCain to win is because of the current hot issue of universal health care.  While I believe that every American should have access to health care, I am strongly opposed to the government being the vehical through which it is provided.  With the current democratic attitude towards this issue it would be disastorous to have both a democratic controlled congress and a democratic president at the same time.

So while I won't be voting for Senator McCain or Senator Obama, there are 3 or 4 other candidates for President on the ballot after all, between the two of them I really do hope Senator McCain is able to walk away the victor come November.