Yesterday, in announcing his intention to vote against the confirmation of Judge Sotomayor, the Senator outlined – as clearly and succinctly as anyone has – the conservative rationale for opposing her. His entire statement can be found here, but it is summed up nicely in his closing paragraph:
“Judicial activism demonstrates a lack of respect for the popular will that is at fundamental odds with our republican system of government. And, as I stated earlier, regardless of one’s success in academics and in government service, an individual who does not appreciate the common sense limitations on judicial power . . . lacks a key qualification for a lifetime appointment to the bench. For this reason, and no other, I am unable to support Judge Sotomayor’s nomination.”
THAT is the argument. Her openly activist views do, in fact, disqualify her for the Court. It is not, as some have wrongly stated, enough that she is “qualified” in the academic sense. And it is critical that Republicans echo these sentiments loudly and clearly – because doing so will both beat back false accusations of anti-hispanic bias, and begin to clarify the Republican threshold for Judicial nominees.
We know the outcome of the nomination – but Republicans can use this as a teachable moment to make clear what they require of judicial nominees. John McCain made a great case and his fellow Republicans should follow
And I am absolutely thrilled to finally find something I can wholeheartedly support the Senator from Arizona on. After his left turn during the campaign in a vain and shallow attempt to please all people in all things, it’s a distinct pleasure to be able to see the Senator demonstrate the intestinal fortitude he showed in the Hanoi Hilton.
Had he shown this resolve during the election, we’d all be saluting President McCain today.
There’s a teachable moment, too.