The sudden announcement by Justice David Souter that he was resigning from the Supreme Court gave Obama his first opportunity to make an appointment. He nominated Federal Appellate Court Judge Sonia Sotomayor of New York as the first
Hispanic American on the highest bench. Biden, who had chaired the Senate Judiciary Committee through every Supreme Court confirmation hearing since 1987, was called on to help prepare her.
A Wall Street Journal editorial issued a scathing diatribe against him entitled, "How Joe Biden Wrecked the Judicial Process," alleging his insistence that a nominee be subjected to questioning about his or her judicial philosophy broke new and
unwarranted ground. That approach had indeed brought Bork down, to the dismay of conservative stalwarts. Sotomayor, however, artfully dodged all challenges and was confirmed by a 58-31 vote, with nine Republican senators supporting her.
"I don't believe we should bend the Constitution under any circumstance. It says what it says. We should do honor to it." Her record holds true to that statement. For example, in Hankins v. Lyght, she argued that the federal government risks "an
unconstitutional trespass" if it attempts to dictate to religious organizations who they can or cannot hire or dismiss as spiritual leaders. Since joining the Second Circuit, Sotomayor has honored the Constitution, the rule of law, and justice.
Source: White House press release, "Background on Sotomayor"
, May 26, 2009
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