Questions for Sotomayor

Glynn Custred has sent this letter to Republican senators

Dear (Republican) Senator;

One should not try to “Bork” Judge Sotomayor. That’s the kind of thing Democrats do.

It is, however, the duty of the Senate to ask questions in the confirmation hearing for Supreme Court appointees that will reveal who they are so that the public will know the kind of person who, with his/her life time tenure, will be interpreting and in this case making the law for decades to come.

I would like to propose three questions in that regard.

1. Judge Sotomayor, Justice Thurgood Marshall said that we would need racial preferences for a century. Justice O’Conner said, five years ago, that we would need them for twenty-five years. How much longer do you believe we should retain racial, ethnic and sex preferences?

2. How far does empathy extend in making judicial decisions? Can an empathetic justice treat others outside one’s identity group with equal empathy under the law?

3. Justice Thurdood Marshall once said that he made his decisions then let the law catch up. Judge Sotomayor, do you subscribe to that doctrine and if not what is your doctrine in that regard?

Glynn Custred
Co-Author Proposition 209 (That ended racial, ethnic and sex preference in the public sector in California)

Posted by Lawrence Auster at June 01, 2009 12:46 PM | Send