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I am concerned about President Obama's choice for nomination to the Supreme Court. Ms. Sotomayor has claimed that she feels that the court system should have members of all races and genders on the bench, and has implied that members of these groups would give better rulings, especially on any case involving racial issues. While in yesterday's news, I see the reasoning behind having diverse representatives in the court system, especially attorneys who argue the cases, I do not feel that should be the case when it comes to the bench. I especially feel this should be the case for the Supreme Court.
Don't get me wrong- I do not feel that there should be an all male, all white Supreme Court. I think having some different perspectives is a good and healthy thing. That said, a judge is charged with applying the law in a fair and unbiased manner, and the Justices are charged with measuring the law against the Constitution to decide its constitutionality. There is no room for an "agenda" on the part of a judge or justice. A judge is not an advocate. They need to leave agendas by the roadside when they put on their robes. If they want to be advocates for a certain point of view, then they should remain attorneys and argue for an interpretation of the law that supports their cause, or they should become lawmakers and represent their cause in the legislative process. I love the idea of another woman Justice, I love the idea of a Hispanic Justice, but from what I have seen on how she has ruled on cases dealing with racial issues and some of the comments she has made, I don't love the idea of Ms. Sotomayor as a Justice. She has shown in her rulings that she has no problem with placing her personal agenda above the law and rational decision making. In a Justice who is charged with tempering the excess of passion that can sometimes happen in legislation by impartially applying the Constitution as a basis for the legitimacy of a law, this is intolerable. A look at her history shows an understandable, and admirable, zeal for promoting the expansion of the rights and privileges of Puerto Ricans in this country and Hispanics. It has been her calling for over 30 years. So far on the bench she has not shown a recognition that her change in station requires a change in how she views her place and responsibilities within the legal system. This does not bode well for her all of a sudden tamping down her crusading spirit and placing objectivity and the Constitution first. I personally don't think she can do it, and I don't believe she should. What I do believe is that she should not be on the bench, period, as a judge or as a Justice. She should be out there fighting for the beliefs she holds dear and is passionate about, not abusing her judicial power to manipulate the system. All that does is create resentment from anyone who does not share her point of view and a legitimate bone of contention for trying to erase the progress made by her cause. As a human being, every judge or Justice has a bias- I like mine to have a Liberal one- but needs as best as possible to render a decision based on fact and reason. Justice is not always fair, but it should be blind. By saying that it is okay to bend justice in support of a cause, you make it okay for justice to be bent in support of ANY cause. A judge who is a member of the KKK would be as justified in rendering a biased decision based on his beliefs as Ms. Sotomayor would. We can't allow that, so the only way to avoid it is to insist that anyone on the bench in any court in this land be as impartial as possible. Ms. Sotomayor has shown she is not and, for that reason, I would urge the Senate vote NOT to allow her to become a Supreme Court Justice. President Obama needs to find someone who understands the job and what it requires, then welcomes the responsibility of doing it. When he does find this person, the Senate needs to put their political ideologies aside and affirm them for being the right person for the job.
Redheads have always been accused of having a temper. This blog is a journey into the mind of a redhead; decide for yourself if we have a temper or are just frustrated by what we see...
Laura Bramble THE RED MENACE Laura Bramble
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