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Just the facts...
ABORTION: While she was a leader of the PRLDEF, it filed briefs in two Supreme Court cases arguing that taxpayer dollars must be used to fund abortions.
SECOND AMENDMENT RIGHTS: In one case, she ruled that the Second Amendment does not apply to states and local governments. Twice she ruled that the Second Amendment is not a "fundamental right".
SELF DEFENSE: When questioned about how courts cannot see the explicitly stated Second Amendment "right to keep and bear arms" as fundamental, yet can hold as fundamental the unexpressed right to privacy, Sotomayor answered: "Is there a constitutional right to self-defense? And I can't think of one. I could be wrong, but I can't think of one."
GAY MARRIAGE: In her confirmation hearings, Sotomayor refused to recognize the 1971 Baker vs. Nelson case as a binding Supreme Court precedent that would forbid the recognition of gay marriage at the federal level. Which is a good indication that she can't be counted on to uphold the Constitutionality of the 1996 federal Defense of Marriage Act. (But she's fine with recognizing Roe vs. Wade as "binding" on abortion)
DEATH PENALTY: Sotomayor signed on to a statement by the Puerto Rican Legal Defense and Education Fund (PRLDEF) opposing the reinstatement of the death penalty in New York state, arguing that capital punishment creates "inhuman psychological burdens" for the offender and favoring "more benign" punishment for convicted murderers.
RACIAL PREFERENCES: In the case of Ricci v. DeStefano, Sotomayor sided with a city that used racially discriminatory practices to deny promotions to white firefighters because they performed better on a test designed to determine who should be promoted. The US Supreme Court just overturned her decision in this case. (more here)
SEPARATION OF POWERS: She has said that "the Court of Appeals is where policy is made", suggesting her acceptance that it's ok for judges to make policy, rather than our legislative branch. (reference and video)
PARTIAL JUSTICE: She has repeatedly said that her ethnicity and gender ("a wise Latina") would make her a "better" judge. She also said a judges background will "affect the facts that judges choose to see". In a 2002 speech at Berkeley, she stated that she believes it is appropriate for a judge to consider their "experiences as women and people of color," which she believes should "affect our decisions." She went on to say in that same speech "I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn't lived that life." She reiterated her commitment to that lawless judicial philosophy at Duke Law School in 2005 when she stated that the "Court of Appeals is where policy is made." (more here and here)
FOREIGN LAW: She as said that American courts should rely more on foreign law, even to interpret our Constitution.
REVERSALS: Proving she's out of the mainstream, Sotomayor's decisions have either been reversed or vacated by the US Supreme Court in 8 out of 10 cases since 2000. (reference)
A FAVORITE OF LIBERALS: In addition to her record as a hard left judicial activist, Sotomayor has been recommended for the Supreme Court by Nan Aron of the very liberal Alliance for Justice, who stated in a 2004 memo to the Senate Judiciary Committee that Sotomayor had "been through an initial vetting and fit into the criteria that we believe should be the standard for any Supreme Court justice."
[In response to claims that Sotomayor is a bipartisan pick because Bush 41 appointed her to the district court:] President George H.W. Bush nominated Sotomayor in 1991 only because the New York senators had forced on the White House a deal that enabled Senator Moynihan to name one of every four district-court nominees in New York. In 1998, 29 Republican senators voted against President Clinton's nomination of Sotomayor to the Second Circuit.]
You-Tube hits:
Clip of Judge Sonia Sotomayor: Court is Where Policy is Made (longer version here)
Sonia Sotomayor, Pace Law School Annual Commencement, May 18
Robert Gibbs On The Supreme Court Lets One Slip
Karl Rove on Sonia Sotomayor (2:16)
Supreme Court Appointment Up For Sale Or Repayment of Favors !!!
Press Releases:
Pro-Life Releases:
Americans United for Life (and background on potential nominees)
Pro-Abortion Releases (What the other guys are saying...):
Center for Reproductive Rights
Religious Coalition for Reproductive Choice
Commentary:
* Identity Politics and Sotomayer - Stuart Taylor
* Obama Declares War on America’s Gun Owners With Supreme Court Pick - Ken Blackwell
* Sotomayor worries gun rights groups - Tom LoBianco
* The Audacity of Self-Defense - Debra Saunders
Other links:
* The Heritage Foundation's "Rapid Repsonse" page<-->






