At 10:15 this morning President Barack Obama stepped up to the microphone to announce a nomination to the Supreme Court.
He nominated Judge Sonia Sotomayor of New York. It should not be surprising that his pick has a background that suggests liberal tendencies. It is the President's right and obligation to nominate judges for the Supreme Court. However, it is the U.S. Senate's job to confirm those appointments. This is one of the U.S. Senate's most important duties.
Our U.S. Senators need to ask the tough questions and not rubber stamp Obama's nominee.
It is critical that as Senators privately and publicly question Judge Sotomayor that they ensure she doesn't bring too many ultra liberal, preconceived notions to the bench.
It is important that they get to the bottom of her views on race and gender, especially in light of what we have learned.
The mass media is already noting that race and gender seemed to be part of the pick from the President. The WASHINGTON POST has written over the last couple of hours, "If confirmed, Sotomayor, 54, would be the first Supreme Court justice of Hispanic descent and only the third woman ever to sit on the panel."
The POST also reported, "Picking Sotomayor offers the president an opportunity to potentially shape the court in a way that his liberal constituency will like."
How could she shape the court for the liberals? There seems to be answers in statements she has made on her judicial philosophy.
The ASSOCIATED PRESS reported she said: "I simply do not know exactly what the difference will be in my judging," - in a speech in 2002. "But I accept there will be some based on my gender and my Latina heritage."
DETROIT FREE PRESS columnist Stephen Henderson said the pick was "Obama's missed opportunity."
Henderson wrote, "By all accounts, Federal Circuit Judge Sonia Sotomayor, President Barack Obama's pick for the Supreme Court seat being vacated by Justice David Souter, will be every bit the reliable, liberal vote that Democrats want on the court." Stotomayor, he said, "...has a reputation for being pretty far left."
Henderson notes that Justice Sandra Day O'Connor often said that a wise old man and a wise old woman would generally decide cases the same way.
However, Henderson points out something very disturbing about Sotomayor. He reports that she said, "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."
Really? Does Judge Sotomayor believe that white men - or maybe even white women - do not have the experience to reach good conclusions? Does it matter what their skin color or background is in making decisions?
He went on to say, "at worst, her comments can be interpreted as indulging the same bigotry she purports to abhor."
Sotomayor's previous decisions also highlight problems in this area.
In a case which has already been appealed to the current Supreme Court, Judge Sotomayor ruled with other judges against white firefighters who went to court after not receiving a promotion based on testing. They scored better on tests than others but their city didn't want to promote only firefighters who appeared white in skin color. She ruled in favor of keeping the racial quota system and denied the firefighter's claims of racial discrimination.
Judge Jose Cabranes, a Clinton appointee, attacked Judge Sotomayor's decision. In a dissent he wrote the case should have been explored more fully and that the firefighter's claims were "worthy" of "review" by the Supreme Court. He was joined in his dissent by 5 other judges.
As we have repeatedly stated, we need judges who uphold the Constitution not try to legislate from the bench. Many of the bad decisions that have come from our courts came as a result of judges who overturn laws, passed by elected representatives, with which they appear to personally disagree.
The DALLAS MORNING NEWS and others have noted Sotomayor said in 2005 at a Duke Law School conference, "the court of appeals is where policy is made." She added, "And I know this is on tape and I should never say that ..."
What does she believe her role should be on the Supreme Court? Is it about providing justice for American citizens or about her personal agenda?
We need to ask the Senate to do their job. They must ask the tough questions. They need to get the answers.
The American people deserve the truth.
