Thoughts on the Sotomayor confirmation hearings

Robert Alt:

"Regrettably, Sotomayor has demonstrated a pattern of failing to grapple with questions of exceptional importance. In her opinion in Maloney v. Cuomo, in which she found that the Second Amendment does not apply to the states, she tersely declared that a state statute restricting possession of weapons does implicate a fundamental right--the full consideration of which was measured in a handful of words. Like in the firefighters case, she concluded this without even grappling with the arguments–indeed without any explanation whatsoever.

This is all the more troubling because of her statements embracing personal bias. In the very same speech where she issued the well-calculated and well-quoted assertion about the superior judgment of wise Latina women, she questioned whether it is possible for judges to overcome personal sympathies or biases 'in all or even in most cases.'

She even seemed to think that ruling based upon these biases is somehow patriotic: 'I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society.'

Given these statements embracing bias, and her embarrassingly inadequate judicial treatment of both the firefighters case and the Second Amendment case, Senators taking up her nomination on July 13 will necessarily need to explore whether her short shrift treatment of serious statutory and constitutional issues in these cases is a reflection of her own biases, or whether, on the brighter side, it is simply an indication of incompetent judging."

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