So Obama has picked a highly competent, politically savvy person to serve on the Supreme Court, Sonia Sotomayor. The Senate will confirm her, despite all the Republican histrionics. I am no legal scholar, so I will not pontificate on her virtues and failings. Suffice it to say, she was not an inspired pick, but a safe choice. Unfortunately, she is only moderately left of center, at least as many far more versed on these issues than I claim. I wish he had gone with a far left pick, but that is not Obama’s style or strategy.
I am very pleased to have a Latino woman on the Supreme Court. This appointment, similar to Obama’s Presidential win, will permanently move America in a more diverse and progressive direction. And it certainly did not hurt his standing among the Hispanic community. Combined with some of the racist rhetoric coming out of the Republican hate machine, this should help solidify the Democrats electoral success with that community.
Messaging Problem
All that is well and good, but let me tell you where I do have a beef - his insistence of repeating Republican talking points regarding judges. In his speech introducing Sotomayor, right out of the gate, he states that she will “interpret, not make law”.
This is pure conservative territory. Of course judges interpret law, but the fear that they ‘make law’ is pure lunatic fantasy by conservatives mad at decisions that support liberal policies or agendas. It has nothing to do with judges ‘making law’, and everything to do with the fact they do not like liberal decisions. No one is ‘making law’ in the traditional sense that conservatives claim.
In a non-traditional sense however, judges always make law, since every time they decide a case, that becomes the law. They are the final arbitrators of how a law is defined, and whether or not it is Constitutional. In making Constitutional decisions in particular, judges - conservative, liberal, or otherwise – ‘make law’. Sen Jeff Sessions, ranking Republican on the Judicial Committee, even agrees!
Ironically, (more…)