Wednesday, May 27, 2009

And the nominee is.....

The Supreme Court and it's justices hold the most painstakingly important job in the United States. Our Constitution is written so that we as Americans have a solid foundation of laws and freedoms that stand the test of time. The role of the Supreme Court and it's justices is to hear those cases that come before them in an impartial and methodical method that ensures the constitution is upheld. The answers they provide shape America, her rule of law and citizens.

Although important the generalized role of any justice on the court is to rule in the favor of the constitution. If this means the corporations win, fine. Conversely the little guy may also win as it pertains to a constitutionally based decision. So it is important to understand that although any justice currently siting will have had a lifetime of personal experiences prior to and during their time on the bench, these experiences are not to influence the decisions based on constitutional law.

I believe it is also important to note that as liberal as one or more justices may be, they should know that the document they are sworn to uphold was not written by men of a liberal constitution. The founding fathers were men of religion, principle and of a conservative stature. Their beliefs shape and strengthen America into a fully functional and free democracy.


Today President Obama announced he will nominate Justice Sotomayor to fill the vacancy left by Justice Souter. His choice was not one that should have surprised anyone who has followed his presidency so far.....However some key issues that have already risen from his pick disturb the conservative base. Some quotes from President Obama:


“When Sonia Sotomayor ascends those marble steps to assume her seat on the highest court of the land, America will have taken another important step towards realizing the ideal that is etched above its entrance: Equal justice under the law.”


What is the implication here? That statement a blatant stab at the founding documents and a slap in the face of the Justices who sit on the Supreme Court currently. Judge Sotomayor will finally provide equal justice under the law by making statements like, “our experiences as women and people of color affect our decisions.” and “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.” It is easy to see that equality is concern number one.


There is however that minor detractor in this debate being that all justices are to take this oath of office:


"I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God."


The oath is important as is sets the tone for the responsibility incumbent of a supreme court justice. It does say impartially discharge not empathetically discharge. If you will don't get to hung up on her ability to be empathetic as it could be applied as an empathy toward the little guy even though the constitution rules in favor of the corporate entity. Unless that empathy distorts the ability to effectively interpret the constitution. In that case it is a problem...actually you should be hung up on it as that empathy will be problematic, it truly will.

This confusion of responsibility is illustrated in great detail from the mouth of the nominee herself in this video clip:



No commentary follows about that as is it clear where she stands. In closing, remember that Justice Clarance Thomas nomination was also an “extraordinary journey” as President Obama said of Sotomayor and his experiences were equally as compelling and yet his answers are constitutionally sound and devoid of any empathetic and liberal undertones. His strength as a Conservative Constitutional Jurist is well respected amongst his peers with the exception of President Obama, the liberal and I imagine that if confirmed, Sotomayor. Look for some interesting opinions coming from the highest court in the land and keep a copy of the constitution in you pocket, you may need it.



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