Judging the Judge - the Sotomayor Nomination

Much has been said about Judge Sotomayor's social background, however as an interested person, who regularly watches the news both on television and on the Internet I've seen little concerning her judicial experience or philosophy. Since, she's been nominated to a life time position in one of the most influential parts of government; I don't think that her social, economic or her upbringing plays a factor on how she is conducted herself as a judge and attorney during her career. We need to look at those things only.

A number of stories in the media have stated that her contemporaries the attorneys who have worked with her, judges, and other members of the court have often commented and used words such as "bully", "domineering", and" not that smart" to describe her. I believe that in order to have an educated and unprejudiced confirmation of Judge Sotomayor we need to forget about her nationality, her sex, and her previous social economic background.

Her confirmation should focus on the decisions she had made as a judge and I believe that these issues should determine her confirmation, not because she is a woman or Hispanic. Neither of these things should matter when it comes to the protection of the Constitution. I would think at this point our history that we have risen above and have been embraced Martin Luther King's dream "...that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character."

I am convinced that should Judge Sotomayor face softball questions because of her nationality or sex that we, as a nation, will fail. Of course any judge sitting on the bench as long Judge Sotomayor has critics. My concern is that they will not focus on her ability to be faithful and to protect the intent of our founding fathers and the Constitution when seated on the bench of the Supreme Court.

One of her court cases in particular is a concern it indicates a lack of Constitutional regard. This case is called Ricci v. DeStefano, which is a case concerning affirmative action in New Haven fire department. In this case, the city of New Haven refused to certify exam results because the applicants who passed and were ready for promotion were predominately white. New Haven ignored their own exam results in order to avoid racial discrimination charges. Ricci v. DeStefano is now being reviewed by the Supreme Court because the court panel, which included Judge Sotomayor, ruled against the firefighters without referencing any constitutional basis.

If Judge Sotomayor becomes a Justice, we must address her views about abortion, immigration, affirmative action, racial profiling, and other constitutional issues. We need to test her on her interpretations of the Constitution. I question whether Judge Sotomayor is a Constitutionalist capable of putting her personal views aside as she sits on the bench of the Supreme Court. Nothing in the media or those who have nominated her has addressed these issues in her resume.

I am concerned that our Legislators are so seduced by her background and upbringing that they are blind to her interpretation of the Constitution and the law. A strong constitutionalist is essential in the character of any Supreme Court Justice; I don't believe this can be said of Judge Sotomayor. And by the way, what exactly is her stance on abortion?