Thread: Sotomayor to Make Immigration Policy from the Bench?

Sotomayor to Make Immigration Policy from the Bench?

By Jon Feere, July 15, 2009

Evidence suggests that Judge Sonya Sotomayor has repudiated over a century of Supreme Court jurisprudence aimed at limiting judicial involvement in immigration matters.

A simple analysis of Sotomayor’s post-2000 immigration-related holdings shows that she has ruled against the government – and for the alien – over 60 percent of the time.

In addition to being somewhat hostile to the plenary power doctrine, it appears that Sotomayor’s decision-making may be political: she is apparently more willing to side with the government when the White House is controlled by Democrats.

The Supreme Court has signaled an unwillingness to second-guess what it considers policy-based decisions and historically has given strong deference to both Congress and the executive branch in the area of immigration, thus forming the basis of the plenary power doctrine. Nevertheless, attempts to weaken this doctrine and undermine the role of Congress and the executive branch in the realm of immigration regulation have been afoot for years, as I explained in a recent Backgrounder. Outside academia, advocates of a judge-regulated immigration system have been largely unsuccessful, but they may have found a friend in Sotomayor.

Evidence suggests that Sotomayor may take an interventionist approach to immigration.

Since the year 2000, Sotomayor has authored opinions on 33 cases related to immigration. In 20 of these cases, she ruled for the alien and against the government. In other words, Sotomayor ruled against the government approximately 61 percent of the time.

If one were to look only at her post-9/11 holdings, the percentage would be even more pro-alien: 9 rulings for the government, 20 for the alien. In this time period, Sotomayor ruled for the alien approximately 69 percent of the time.

It appears that Sotomayor was much more deferential to the government in immigration cases before 2000. This may be political: President Clinton , the person ultimately in charge of our immigration agencies during his two terms, nominated Sotomayor to the 2nd Circuit in 1997. One could speculate that when Republican President Bush took over immigration enforcement, Sotomayor became less deferential to the government for political reasons.

Without the plenary power doctrine, the judicial branch — rather than elected members of the political branches — would be in control of much of the nation’s immigration system as courts apply constitutional or “constitutional-likeâ€

"We the People" are definitely going to be broke.

Related Post:
Greater Houston Partnership, to Testify Before Senate Subcom
http://www.alipac.us/ftopicp-925330.html#925330

Since the year 2000, Sotomayor has authored opinions on 33 cases related to immigration. In 20 of these cases, she ruled for the alien and against the government. In other words, Sotomayor ruled against the government approximately 61 percent of the time.

Well...since our government and the illegal are essentially in the same corner now, I guess we can anticipate where this is going, as ruling against the government would now be to rule against the illegal!

And just wait until local and state governments have to appear before the supreme court with regard to their immigration laws. Guess which side she'll be on.

Added to Home PAge
http://www.alipac.us/article4385.html

Evidence suggests that Sotomayor may take an interventionist approach to immigration.

Duh!!!Really?

In a related story, a Federal Judge has recently recused herself from hearing a case against Sheriff Joe Arpaio, who is accused of racial profiling. It turns out that this Judge is the twin sister of Janet Murguia, the President of La Raza.

If by chance Sotomayor gets approved for the Supreme Court, she should automatically recuse herself from hearing any and all cases involving immigration.

Originally Posted by sunlandbob

In a related story, a Federal Judge has recently recused herself from hearing a case against Sheriff Joe Arpaio, who is accused of racial profiling. It turns out that this Judge is the twin sister of Janet Murguia, the President of La Raza.

If by chance Sotomayor gets approved for the Supreme Court, she should automatically recuse herself from hearing any and all cases involving immigration.

I am sure Obama wants her on every hearing and case involving immigration SO she can SHOW "EMPATHY"!!!!

It is just an outrage that this woman is even considered for the supreme court. She would flunk any "we the people" questions. You can bet she will use EMPATHY in decisions that have to do with illegal aliens.

GO HERE:

http://www.congress.org/congressorg/dir ... mmid=sjudi

Tell these people she should not be approved for the highest court in the land regardless of Obama wanting her.