No, I didn't say it. A liberal law professor disgusted with her testimony did.

Ace distilled the essence of Sotomayor thus:

She's denying that there exists something called "theory of jurisprudence," which includes such doctrines as originalism, strict constructionism, and, of course, the ever-flexible and ever-expanding doctrine of the "Living Constitution." As she doesn't want to admit she's an adherent of the latter, she claims there's no such thing as judicial philosophy whatsoever.

For example, faced with a legal question about which the Constitution is absolutely silent, a conservative justice would say there is no Constitutional dictate either way: A law is permitted to exist; it is also permissible to have no law. Lacking a constitutional source of authority, a judge herself has no authority to set policy.

On the other hand, someone like Sotomayor does not stop her inquiry simply because she finds that she has no authority whatsoever to make a ruling that binds anyone. She then looks to international law; the always-popular "changing social mores and norms;" "public policy considerations;" anagrams of Ricky Martin song titles; etc.

So, yeah, she's lying.

I fully expect Sotomayor to be confirmed by the Democratic supermajority in the Senate. While the nation as a whole doesn't support her nomination, there simply doesn't seem to be enough of an immediate cost to her confirmation to make voting for her a short term political risk, which is all politicians care about any way.

The fact of the matter, however, is that activist judges like Sonia Sotomayor and her peers that believe in what Ace so correctly mocked as the "Living Constitution" undermine the laws that holds society together with every decision they make. The constantly shifting standards and "law of the now" approach to jurisprudence means that no law is ever actually law; it is an ever-changing rough guideline. With no fixed compass, the law—as law—ceases to exist.

She is a dangerous choice... and no one knows that better than the radical neophyte America elected as President who appointed her.

Posted by: Confederate Yankee at 12:03 AM | No Comments | Add Comment
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