To Confirm or Not to Confirm

The Judiciary Committee hearing on the nomination of Judge Sonia Sotomayor to replace Justice David Souter must be respectful and thorough and must focus on whether she is qualified to serve on the Supreme Court. Judicial qualifications include legal experience and, more important, an understanding of the power and role of judges in our system of government. Full Story »

Posted by Derek Hawkins - via National Review

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Review

Derek Hawkins
2.7
by Derek Hawkins - Jul. 14, 2009

A dishonest piece. Hatch spends more time complaining about the method by which Democrats defend Sotomayor than he does raising legitimate criticisms about her qualifications. When he finally gets around to it, his main argument is contradictory (see quotes). Not recommended.

Another number that must be considered is Judge Sotomayor’s 80 percent reversal rate before the Supreme Court. Of the ten opinions she authored or joined that it has reviewed, the Supreme Court reversed or vacated eight, criticized one, and affirmed one by only a 5–4 vote. These are aspects of her record that must be explored.

What were the votes in the eight cases that the Supreme Court reversed? Hatch conveniently omits this information. It’s no surprise that the conservative majority on the court would reverse decisions penned by Sotomayor, a liberal by contemporary standards. It’s wrong to present her views as out of the mainstream in this way — in some of these reversals, four justices agreed with Sotomayor.

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