The Debate Begins Over Judicial Activism

The announcement concerning the nomination of Justice Sonia Sotomayor to replace Justice Souter on the Supreme Court of the United States comes as no surprise. Her name had been on a “short list” for many weeks since Justice Souter announced that he was stepping down from the high court this summer.

President Obama’s selection of Judge Sotomayor is a very aggressive decision that will trigger a national debate on the issue of judicial activism. The background and philosophy of Judge Sotomayor clearly puts the Constitution front and center. How will this nominee view the Constitution and the rule of law? Will she embrace her comments of the past? How will she defend her statement that the “court of appeals is where policy is made”—a well publicized and very public statement.

This nomination raises serious questions about the issue of legislating from the bench. And as the weeks unfold leading up to the confirmation hearings, we will hear more about her record—her decisions—and her judicial philosophy. As I have said, I believe all of this will lead to a national debate on the issue of judicial activism.

We’re hopeful that the members of the Senate will ask the tough questions about her judicial philosophy and temperament when the confirmation hearings get underway this summer. The American people deserve to fully understand what kind of Justice is being nominated to serve on the nation’s highest court for decades to come.