July 22, 2009

Since President Obama’s nomination of Judge Sonia Sotomayor to the U.S. Supreme Court, I have insisted that the Senate hearings move forward with an open mind to learn about her temperament and philosophy. I have also noted the historic nature of her nomination.

Now that we’ve witnessed her demeanor, knowledge of the law and responses to questioning, a more fair judgment may be made.

Judge Sotomayor is undoubtedly an accomplished jurist, but fails to clearly state her view of the Constitution and the fundamental rights enshrined therein. In response to questioning by several Senators on the Judiciary Committee, who were pursuing the basis for her own previous decisions that could imperil rights guaranteed by the 2nd Amendment, she refused to affirm the individual’s right to keep and bear arms. Given the strong anti-gun agenda of this Administration, and the razor thin margin on the current Court, it is difficult to give this nominee the benefit of the doubt on such an important matter.

I believe a nominee’s philosophy, public commentary and, especially, past decisions are fair game in analyzing a nominee’s suitability for a lifetime appointment to the nation’s highest court. In this case, her past decisions and refusal to clarify her philosophy, as it relates to constitutional rights, are troubling enough. Without affirmation of her belief in the fundamental right to keep and bear arms, I would not support her elevation to the U.S. Supreme Court.

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