Judge Sotomayor and the Constitution - Essay Example

The Nomination of Judge Sotomayor The US President, Barak Obama nominated Judge Sonia Sotomayor to the US Supreme Court. Many have criticized this nomination, because Sotomayor has on several occasions displayed a liberal bias in her judgments. For instance in Ricci v DeStefano, Sotomayor as a 2nd Circuit Court Judge, ruled that the city council was well within its rights to rescind the test cleared by Ricci and other non – African American firefighter examinees. This is reverse discrimination at its best, and the US Supreme Court is to take up this case for review, in the near future (The Judicial Confirmation Network, 2009).

Sotomayor is no stranger to delivering such ill conceived decisions. As such, several of her judgments have been reversed by the Supreme Court. For instance, the ruling in the Riverkeepers case depicted the extreme views that she subscribes to. Her decidedly defective decision was set aside by the Supreme Court. According to Jeffrey Rosen, Judge Sotomayor is neither a capable judge, nor is she sufficiently intelligent to function as a judge (The Judicial Confirmation Network, 2009). According to Dr.

Charmaine Yoest, President & CEO of Americans United for Life, the nomination of Sonia Sotomayor to the US Supreme Court by President Obama is in accordance with the latter’s predilections regarding Justices of the Supreme Court. This nomination is consistent with his perception that any ruling should be based on personal feelings and political agenda; rather than the rule of law (The Judicial Confirmation Network, 2009). President Obama has dispensed with all pretence of being a post – partisan president, with the nomination of Sotomayor.

She is notorious for her innumerable failures and the patent absence of judicial restraint in her decisions. Judicial activism is essential for dispensing justice, in instances wherein the extant legislation fails to provide justice. However, it has to be borne in mind that judicial activism, per se, pays scant regard for the Constitution (The Washington Times, 2009). The principal drawback with judicial activism is that it emasculates the Constitution and supplants democratic decision making with a judge’s personal penchant.

Thus an unelected judge, who is not accountable to anyone, can emerge as a dangerous and powerful despot. This extremely adverse scenario is exemplified by Sotomayor and her ilk. Judge Sotomayor opines that racial and sexual disparities are not genetic anomalies, and that these differences render some people superior to others (The Washington Times, 2009).Judge Sotomayor has stated in public that she relies on her personal feelings and political agenda to decide the cases before her. She reiterated that it is essential for judges to base their decisions on their racial experiences.

It is her considered opinion that a wise Latina female, with extensive experience of life, would provide better rulings than a white male. She was highly appreciative of the lawless judicial philosophy of the Duke Law School, and stated unequivocally that policy was born in the Court of Appeals. Sotomayor’s record of judgments is dismal, and most of them have been reversed by the Supreme Court (Wildmon, 2009).This is the paragon of judicial virtue that Obama has deigned to nominate to the highest judicial body of the United States of America.

The strength of a nation lies in its laws, the manner in which these laws are implemented and perhaps most importantly, the unbiased nature of the judges who interpret and implement the law. Any deviation from the extant law should be presaged by adequate discussion and logical thinking. Decisions taken on the basis of a judge’s personal convictions, cause serious harm to the affected individuals in particular and society in general. Obama has been ill advised in nominating Sotomayor to the Supreme Court.

List of ReferencesThe Judicial Confirmation Network. (2009, May 26). Obama Supreme Court nominee Sonia Sotomayor. Retrieved May 31, 2009, from http://www.judicialnetwork.com/cgi-data/press_releases/files/99.shtmlThe Washington Times. (2009, May 27). A Judge too far: Nominating Sotomayor reveals the presidents true colors. Retrieved May 31, 2009, from http://washingtontimes.com/news/2009/may/27/a-judge-too-far/Wildmon, D. E. (2009, May 27). Supreme Court nominee supports reverse discrimination.

Retrieved May 31, 2009, from http://giovanniworld.wordpress.com/2009/05/27/sotomayor-is-racist-activist-incompetent/