SOUTH DAKOTA STRAIGHT TALK

Sonia Sotomayor was nominated by President Obama on Tuesday to be a Justice on the U S Supreme Court.

Her confirmation process should move smoothly through the Senate Judiciary Committee and she will receive the Senate’s consent easily. The President is popular and the Democrats have a substantial Senate majority. Despite Ms. Sotomayor’s political views or judicial philosophy unless there is a dramatic character flaw discovered, her confirmation is pretty much assured. Republicans just don’t have the political juice to block or stall her confirmation.

Extremist both liberal and conservative however are in overdrive encouraging their base to work and particularly contribute to exhort their point of view. Both groups see this as an opportunity to rally the troops.

Fundamentally I do not have a big problem with her nomination. The Democrats won the Big Enchilada. Elections have consequences and while I would have preferred a conservative Republican, Judge Sotomayor is the result of Republican election failure.

Surely it is old news already among the GOP pundits and talking heads, but I read the following in today’s USA today that gave me pause.

“Our gender and national origins may and will make a difference in our judging” Sotomayor said, speaking broadly in 2001 at the University of California-Berkeley. “Personal experiences affect the facts that judges choose to see… I simply do not know exactly what the difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.”

Without question a Judge brings her background, upbringing, and culture to their thinking. After all it is who they are. Perhaps it is semantic but STATING your gender or heritage would have an effect on your judging I think is over the line. This is troubling, Justice must be blind. Judges rule on Law, not gender, not social position, not economic status, not race. Doing otherwise undermines American Jurisprudence.

Since Americans seem to keep track of these sort of things. Judge Sotomayor will be the 6^th Catholic on the Supreme Court, joining Antonin Scalia, Anthony M. Kennedy, Clarence Thomas and the Chief Justice, John G. Roberts Jr. (note - more Americans are Catholic than any other single religion). Also serving are two Jews, Ruth Ginsburg and Stephen Breyer and one Protestant, John Paul Stevens.

Endbar- Justice Stevens is a Chicago native. In 1932 he attended the World Series game at Wrigley Field where he watched Babe Ruth call his shot. Stevens also is a graduate of the University of Chicago Laboratory School, his Bachelor’s degree is from the University of Chicago, and his Law Degree from Northwestern University where he has the highest GPA in the history of the school.