Thread: Sotomayor Faulted Over Missing Memo

JUNE 6, 2009

Sotomayor Faulted Over Missing Memo

By NAFTALI BENDAVID

WASHINGTON -- Critics of Judge Sonia Sotomayor seized Friday on her failure to include a 1981 memo opposing the death penalty in her response to the Senate Judiciary Committee's questionnaire.

But after 11 days of intense scrutiny, Judge Sotomayor's chances of confirmation to the U.S. Supreme Court appeared on track, thanks to the Democrats' strong majority in the Senate and the lack so far of any revelation that would alienate a significant number of the lawmakers.



The cases for and against Judge Sotomayor have crystallized in recent days. Supporters are pointing to her rise from humble circumstances and her 17 years on the federal bench, which contain little evidence of radicalism. Opponents are focusing on statements the judge has made off the bench to suggest she is a left-wing activist at heart.

Wendy Long, counsel to the Judicial Confirmation Network, which opposes the nominee, said Judge Sotomayor's questionnaire submission should have included a 1981 paper she wrote for the Puerto Rican Legal Defense and Education Fund, urging New York to keep its ban on the death penalty.

The memo, signed by Judge Sotomayor and two other members of the group, listed eight arguments against the death penalty, including that "capital punishment is associated with evident racism in our society," because minorities are disproportionately represented on death row.

The voluminous documents supplied by the White House to the Judiciary Committee on Thursday included a related letter from the Puerto Rican legal fund, but the letter wasn't signed by Judge Sotomayor.

Supporters of Judge Sotomayor dismissed the complaint about the omission of the memo as minor in the face of a 30-year legal career that has produced thousands of court opinions and other documents. A White House official called the omission a "clerical error," and said Judge Sotomayor issued a ruling that allowed the first death-penalty case in Manhattan in 40 years to go forward.

Speeches, Rulings
Read the entire speech "Where Policy Is Made" during a panel discussion at Duke Law School in 2005, Sotomayor responded to a question about clerkships by noting that "court of appeals is where policy is made."

See a video excerpt of the remarkWatch the entire discussion (relevant portion begins at 40 minutes)Full Coverage: Sonia Sotomayor Ricci v. DeStefano
Read the 2006 Connecticut District Court ruling backing the city of New Haven's decision to invalidate the firefighters exam.

Ricci v. DeStefano, 554 F.Supp. 2d 142, 142 Wash Wire: Audio Tape Reveals Views on Ricci v. DeStefano With Democrats holding a 12-7 advantage on the Judiciary Committee, Ms. Sotomayor's chances of confirmation appear on track. Democrats will soon have a 60-40 majority on the Senate floor -- assuming Democrat Al Franken prevails in the disputed Minnesota election, which appears likely, and counting two independents who line up with Democrats.

One wild card is a pending Supreme Court decision in Ricci v. DeStefano, likely to come in the next month. In that case, Judge Sotomayor was part of a three-judge panel that upheld the city of New Haven's decision to throw out the results of a firefighter test after no black firefighters qualified for a promotion. If the Supreme Court overturns the panel's ruling, it could be embarrassing, although Judge Sotomayor's position is likely to win support from the high court's liberal wing.

Curt Levey, executive director of the Committee for Justice, which opposes Judge Sotomayor's nomination, noted that the questionnaire showed the judge made her controversial comment that a "wise Latina" would reach a better judicial conclusion than a white man on several occasions.

"Since she said it so many times, she cannot run away from her view of the law," Mr. Levey said. "She can't say, 'That's not what I think.' "

The White House has said Judge Sotomayor believed she used a poor choice of words.

Mr. Levey also cited a speech earlier this year in which Judge Sotomayor spoke of "the spirit of the common joy we shared" in President Barack Obama's election, saying it shows she "doesn't know the difference between being a judge and an activist."

But Senate Democrats have expressed solid support for the judge, and even Republican opponents doubt they defeat her. Sen. James Inhofe (R., Okla.), who said he feared she would try to make policy from the bench, predicted: "This lifetime appointment is one that will be confirmed, but should not be."

Write to Naftali Bendavid at naftali.bendavid@wsj.com

Printed in The Wall Street Journal, page A3

http://online.wsj.com/article/SB124424627433790573.html

Why not let the American people vote on this issue.

[quote="ELE"]Why not let the American people vote on this issue.[/quote]


Because that would be "racist"