Judge frustrates senators

July 16, 2009
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It’s times like a Senate Judiciary Committee confirmation hearing that really drive home the differences between how the general public and judges think, especially on hot-button issues like abortion and gun rights.

I found a few quotes from U.S. Supreme Court nominee 2nd Circuit Judge Sonia Sotomayor worth highlighting.

Senators questioned her on the topics mentioned above, to which the judge failed to give the answers the senators wanted to hear. According to a CNN.com article, Sen. Tom Coburn, R-OK, was frustrated by Judge Sotomayor’s responses saying she’d need specifics of a particular case before giving her opinion about whether someone has a fundamental right to own a gun or whether certain abortions would be legal.

“What we do is different than the conversations citizens have about what they want the law to do,” the judge said, noting judges have to look at the facts and apply the law based on those facts. “It’s not that we make a broad policy choice and say this is what we want.”

This is something I think most of the general public, and apparently politicians, don’t understand when dealing with judges. They are selected (or elected) to uphold and interpret the law, not to interject their personal beliefs into the law.

A judge may believe abortion should be illegal or all guns should be outlawed, but as Judge Sotomayor stated, judges have to consider the facts of the case and the applicable laws to make a decision. Of course, the politicians who oppose her nomination would love for her to respond to the questions with answers they don’t like so they can jump all over her and use it to vote against her.
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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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