Again and again, Judge Sotomayor seeks to amend the law to fit the circumstances of the case, thereby substituting herself in the role of a legislator. Our Constitution is very clear in its delineation and disbursement of power. It solely tasks the Congress with creating law. It also clearly defines the appropriate role of the courts to "extend to all Cases in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties." To protect the equal, but separate roles of all three branches of government, I cannot support activist judges that seek to legislate from the bench. I have not supported such nominees in the past, and I cannot support such a nominee to the highest court in the land.Good for him. Will he cause any other "mavericks" to vote No?
Monday, August 03, 2009
McCain to Vote "No" On Sotomayor
Hmmm, one of the Gang of 14 is not going to support Obama's Supreme Court nominee. From McCain's statement:
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I think I disagree with McCain. First, and foremost, McCain has never voted no against a nominee. So he has essentially supported everyone (by voting yes). I might be mistaken here, but I am pretty sure I am right.
Secondly, McCain is obviously hinting at the empathy digg when he talks about Sotomayor amending the law to fit the circumstances of the case. But, what I don't get is that all judges are empathetic to certain groups. As I've said in my blogs, Chief Justice Roberts has sided with Federal Executive Branch, corporations, or the State over the individual in EVERY SINGLE case. Its not coincidence he used to be a corporate lawyer. The reason Judge Roberts rules the way he does is because he is empathetic to party he most fully understands and has experienced.
Furthermore, judicial activism and/or empathy is not always (but can be) a bad thing. Some of the things we take most for granted such as racial and gender equality was based on judicial activism and empathy. I mean, I am not saying a judge should always look to be an activist (and Sotomayor doeskin), but when the time comes...it can be a very good thing. Look at cases like Brown v. Board, Marbury v. Madison. They all are cases activism and empathy.
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