Your Honor I Object

Sotomayor confirmation exercise

Imagine, if you will, that Sonia Sotomayor was unknown to us in image, race, age or gender.

Placing her in a sealed room with only audio available, let the Senate ask questions about the candidate's qualifications.  Ask about everything: Judicial philosophy, courtroom persona, important written opinions, role models, positions on controversial topics, and everything under the Sun.

In the information that you hear: decide is this a Judge that should sit on the US Supreme Court Bench for the next 20 to 35 years?  Is this a Judge that can deliberate and form an opinion only after thorough research and debate among peers?  Is this a Judge that can easily associate with the different views on the current and future panel?

If the answers to these and the answers as specifically weigh on Constitutional jurisprudence show a solid figure, able to distinguish easily between various lines of reasoning and logic and at the same time able to ask appropriate searing questions of both appellant and respondent, then the Judge should be confirmed.  Is the Judge well able to articulate excellent written opinions, thoroughly researched and weighing both sides of the usually close issues in question, then the Judge should be confirmed.

If not, then the Senate must otherwise reject the candidate.  The senate must probe deep enough to find these answers out.  The hearing itself can be a distraction to the truth if partisanship prevails.
Here is a call to decorum and dignity throughout the process.

Obama's pick Sotomayor- is she a good pick for the US Supreme Court?

Sonia Sotomayor emerged as President Obama's pick for the US Supreme Court vacancy created by the retirement of Justice Souter.  The candidate had a compelling personal story and meets the President's concept of empathy on the bench.  But are these enough?

Clearly she will be confirmed: the question is "by what margin?"

A number of Republican Senators will likely vote against in retribution for the way Obama voted in the confirmation hearings of Roberts and Alito.  In any event, it must be remembered that the confirmation process is an obligation and an opportunity to show the American people that the candidate is deserving of what is after all a lifetime appointment.

Therefore the questions need to be asked about how she performs on the bench to decide cases and what talent she has in writing persuasive and enduring opinions.  She must also be questioned about some of her off the cuff remarks that indicate possible bias toward minorities that could impermissibly sway her vote in matters of great controversy.  A good performance will make for improved respect for the Federal Judiciary and the US System of law.

It should also be pointed out that Obama may not have things completely correct.  To be sure life experience and empathy are good qualities, but not the only ones demanding respect and consideration.  Every Justice has life experience outside of the courtroom whether minority or not.  They have lived through turbulent times.  The singular most important quality may be simple horse sense: the ability to she the forest for the trees.

It is also imperative that each Justice continue the long and true tradition that Justice is Blind.  There cannot be one set of laws for one category of appellant and another set of laws for another.  We should expect the court to decide what the law is and not what one might wish it would be.  Understanding of life is a plus but it must not be at the disregard for equality.

It has been said by some that Justice Cardozo changed the law while pretending not to.  In his case, he had great respect from his fellow jurists and could draft compelling reasons for his choices.  Let us hope that Ms. Sotomayor can do the same.