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View Diary: Sotomayor Confirmation Hearings Liveblog Mothership (Day 2) (300 comments)

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  •  Sotomayor lulling her critics to sleep (0+ / 0-)

    I've been watching the hearings all morning, and I haven't exactly been impressed.  She's probably doing the intelligent thing by dodging all of the questions, but she isn't even throwing the Republicans a bone to make things interesting.

    For example, Sen. Hatch wanted her specific opinion about whether or not the right to bear arms was a "fundamental right" that could eventually be incorporated against State governments.  Sotomayor refused to answer, saying that such an issue could come up before the court.  Fine - but when Hatch pressed her to speak about which criteria a Justice should use to determine whether or not a right may be incorporated, she filibustered about 2nd circuit precedent.

    Yawn.

    While I'm thrilled that an eminently qualified Justice who seems progressive is going to the Supreme Court, the constitutional law student in me wants her to actually answer the questions.  Why have hearings at all, if they don't tell us anything about her judicial philosophy?  Saying that you "follow the law" and "give deference to precedent" isn't a coherent judicial philosophy; that could describe any judge.  

    Stand up for a living constitution!  Stand up for non-enumerated constitutional rights (like privacy), and cite the 9th Amendment.  Emphasize that property rights can be deprived WITH due process of law, and that the constitution was established to promote the general welfare as well as individual rights.  That's the kind of testimony I'd wish she was giving.

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