Wednesday, July 15, 2009

GayPatriot: Misrepresenting Sotomayor Hearings

Interesting that GayPatriotWest / Dan Blatt is attempting to compare Judge Sotomayor’s comment regarding Roe v. Wade as “settled law” to  Plessy V. Ferguson.

If he had been listening to the hearings in the full context of her answer, rather than the talking points of some Right-wing blog that he regularly relies on, he would realize that the representation he’s portraying is wrong.

When asked about the Roe v. Wade decision, Sotomayor characterized the decision as “settled law” in the context that the Supreme court has not chosen to review cases that challenge the ruling in whole or in part. It is therefore “settled law” in that regard. She made it clear in numerous other cases in her previous judicial roles required her to abide by standing precedent unless some aspect of law required her to challenge that. For her, in her roles, Roe v. Wade was “settled law.” For the Supreme Court until they choose to review rulings related to Roe v. wade, it is “settled law.” Until the Congress chooses to change rules regarding abortion, it is “settled law.” Roe v. Wade is “settled law” just like every other unchallenged law set by the Congress of the United States.

Wouldn’t challenging the Supreme Court’s decision in Roe v. Wade without legal reasoning against “settled law” be a perfect example of the “judicial activisim” that Republicans and conservatives are so noisily worried about in judicial nominees?

The Brown v. Board of Education case put forth a question that the Supreme Court felt necessary to address and answer regarding “settled law” of Plessy v. Ferguson. If a case is raised that would put some aspect of Roe v. Wade in question in the context of law, or Congress changed laws regarding abortion, Judge Sotomayor’s answers have made it clear that she would be compelled to review those issues similar to the SCOTUS hearing Brown v. Board of Education. Anyone who has listened to the hearings or is familiar with her 17-year record as a judge would fully understand that of Sotomayor.

Dan has a J.D. from Georgetown. I think his professors would be mightily disappointed in his post today.

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