This Day in Liberal Judicial Activism—April 28

POLITICS & POLICY
Justice Sonia Sotomayor

2009—In a terribly muddled speech to the ACLU of Puerto Rico, Second Circuit judge Sonia Sotomayor offers a blanket defense of freewheeling resort to foreign and international legal materials in determining the meaning of American constitutional provisions.

Nominated a month later to the Supreme Court by President Obama, Sotomayor at her confirmation hearing will try to bamboozle Republican senators and the public about her views on this controversial issue. For example, in answer to a question from Senator Sessions, Sotomayor will declare, “Foreign law cannot be used as a holding or a precedent or to bind or to influence the outcome of a legal decision interpreting the Constitution or American law that doesn’t direct you to that law.” Similarly, she responds to Senator Coburn, “I will not use foreign law to interpret the Constitution or American statutes.”

Only after the cameras are off, in her written responses to post-hearing questions (see point 6 here), will Sotomayor reveal that she believes that it’s fine for American judges to draw freely on foreign and international law.

You Might Like

Articles You May Like

Police nab suspect in Dallas Zoo monkey theft, leopard release
Convicted pedophile, who raped and tortured children, found dead in prison cell awaiting sentencing
McCarthy disagrees with Greene’s claim that Babbitt was ‘murdered’ — but Trump disagrees with McCarthy: ‘ASHLI BABBITT WAS MURDERED!!!’
LGBT group in Utah calls bill that requires ‘adult content’ warnings for public events ‘a trap’
4-year-old dies from lack of oxygen after excessive ‘swaddling,’ possible ‘exorcism’: Report

Leave a Comment - No Links Allowed:

Your email address will not be published. Required fields are marked *