Could Sotomayor Be to the Right of Souter?

Judge Sonia Sotomayor's nomination to the Supreme Court was met by immediate enthusiasm on the left and a kid-gloves appeal to wait for due diligence on the right. Both sides of the political spectrum should take a breath and a look at who Sotomayor is replacing. Bush Sr. appointee David Souter's Supreme Court career has been an unmitigated slide toward liberalism. At the same time, some of Sotomayor's past rulings are causing some on the left to waiver slightly over her convictions.

While Sotomayor's decision against a reverse discrimination suit has been plastered across media headlines, equally significant decisions are still somewhat under the radar. For instance, Sotomayor ruled in favor of pro-life activists who charged police with brutality during a 1989 protest. Christianity Today states that this case had more to do with free speech than abortion, but the event certainly did not signal a bias against the pro-life movement.

In 2002, Sotomayor ruled against a challenge to "the Mexico City Policy", which prohibited federal funding of overseas abortions. She was quoted by FoxNews.com as stating that the federal government was "free to favor the anti-abortion position over the pro-choice position." While this case centered on the rights of the federal government, it did not go unnoticed by abortion rights groups. The Center for Reproductive Rights is encouraging the Senate Judiciary Committee to "engage" Sotomayor on her commitment to reproductive rights.

Taken en masse, Sotomayor's rulings do not indicate a lockstep political ideology. The two examples above no more provide a complete portrait than the other one-off rulings being touted on the talk shows. On the other hand, Justice David Souter has become an almost token vote for the left side of the Supreme Court. He is not even cited as a swing vote.

Another factor at work with this nomination is a growing melting pot of both race and ideology. The Associated Press recently reported that multiracial people are the fastest growing group in the United States. Political ideologies seem to be undergoing a similar pluralization. The political opinions of an academic liberal or an East Coast/West Coast white, upper class liberal may be reasonably predictable. However, a Latina who grew up in the Bronx, saved professional baseball, and is decidedly non-vegetarian will be difficult to cast in a convenient mold.

While the path of a Supreme Court nominee is often akin to a marathon public relations campaign, a seated Supreme Court Justice is beholden to few and wields incredible power. As time progresses, a seated Justice Sotomayor will be answering to her convictions and sense of duty alone. Her career should long outlast the presidency of Barak Obama and the initial circumstances that brought her to the court.

It is by no means certain that Sotomayor's nomination is a net loss for conservatives, especially when compared to possible alternative appointments. Some have intimated that replacing Souter with Sotomayor will bring no change to the ideological composition of the court. Conservatives who weigh the evidence will save their fight for another day.

Ted Olson, "The Sotomayor Decision Pro-Life Groups Aren't Sure About." Christianity Today
Major Garrett, "Sotomayor's Judicial Record Could Be Battlefield for Critics, Advocates." FoxNews.com
Hope Yen, "Multiracial people become fastest-growing US group." Associated Press