The Facts on Obama's Supreme Court Nominee
May 26, 2009 | By Nathaniel Ward
President Barack Obama this morning nominated Judge Sonia Sotomayor to replace retiring Justice David Souter on the Supreme Court.
» To ensure lawmakers, the media and the America can get all the facts on the Supreme Court vacancy, The Heritage Foundation has created a Rapid Response web page. Be sure to check back for all the latest updates.
Senators should "engage in robust advice and consent to assure that if confirmed Judge Sotomayor would not use her seat…to advance liberal policy preferences," argues Heritage Foundation scholar and former Attorney General Edwin Meese.
The "advice and consent" process, mandated by the Constitution, is a delicate and timely one. Senators should use it to determine whether Judge Sotomayor will faithfully and impartially interpret the Constitution and laws of this nation -- and not shape them to her policy preferences.
"Nominations should be judged by a common standard: Will they apply the Constitution of the United States and the law as it is written and according to its original meaning?" asks Heritage expert Conn Carroll. "Or will they use the lifetime appointment to enact policy preferences from the bench?"
Judge Sotomayor, who sits on the Federal Court of Appeals in New York, has a long record of statements about the proper role of judges, many of which raise important questions. Heritage constitutional scholar Robert Alt explains:
Judge Sotomayor's statements about judges as policymakers, her questioning of whether judges can be objective in most cases, and her insensitive statement that the ethnicity of some judges somehow makes them better at doing their job than judges of different ethnicity—raise serious questions about her view of judging which must be carefully and fully explored by the Senate.
Some of her thoughts on judges' role in shaping policy were captured on video.
President Obama has established an "aggressive confirmation timetable," writes Heritage senior policy analyst Andrew Grossman. But his push to complete all hearings and vote before Congress' August recess may be hasty and "risks shortchanging the Constitution's commands."
The Senate "should not delay" the confirmation process, Grossman argues, "but nor should it be rushed."
- Amanda Reinecker
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Heritage on North Korea's nuclear test
North Korea's underground nuclear test and subsequent ballistic missile tests place additional pressure on President Obama to abandon his fairytale diplomatic approach, Heritage Foundation experts say. He should instead seek tougher international action against the defiant rogue state.
Heritage Asian affairs expert Bruce Klinger warns that Pyongyang's rapid moves to acquire nuclear arms make it clear that the Stalinist nation "has altered its objectives and is no longer responsive to diplomatic entreaties."
This analysis was quoted up by several national wire services, including McClatchy and AFP.
"The US, South Korea, and Japan should utilize North Korea's latest outrage to demand China and Russia agree to stronger punitive measures in the UN Security Council," advises Klinger. "Washington should cease the charade of praising Beijing's behavior in the six-party talks and instead criticize its obstructionism to carrying out the will of the international community as expressed in two UN resolutions."
In addition, the government should pressure companies, including Chinese banks, that do business with the reclusive regime, Klingner tells the Bloomberg news service.
North Korea's behavior also underscores the need to continue developing and deploying missile defenses. President Obama has proposed cutting funds for missile defense, though this week's events demonstrate they are now more important than ever.
- Amanda Reinecker
Other Heritage work of note
- "President Obama may pretend otherwise," Heritage health care expert Bob Moffit writes in the New York Post, "but if Congress passes his health-care agenda, America will be taking a giant leap toward Canadian-style, government-run health care. And many Americans will find themselves left with no choice but to sign on." Ultimately, Moffit writes on Fox News, the health care debate is "about power and control -- who has it, and who exercises it, especially over the flow of health care dollars." And all the fancy talk of "savings" is just a fancy way of saying that the government will spend more money than ever on health care -- and saddle ordinary Americans with the costs.
- The latest fad in military circles is to consider the national security impacts of climate change. But this green focus is "wrongheaded," Heritage national security expert James Carafano argues in the Washington Examiner. "The climate change drumbeat could well seduce a Pentagon leadership intent on slashing the military's conventional war capabilities in favor those needed to fight 'irregular warfare.' That would be a mistake. The enemy of the future will want to fight exactly the kind of war we chose not to prepare for," he explains.
In other news
- The California Supreme Court has upheld Proposition 8, the measure voters approved last fall to define marriage as between a man and a woman in the state's constitution. Same-sex marriage advocates had sought to block the measure, which overturned an activist court decision.
- A leading measure of housing prices said home prices fell by more than 19 percent in the first three months of the year as values reset from their bubble-inflated highs. Meanwhile, American consumer confidence has increased this month to its highest reading of the year.
- The Associated Press reports that Congress is under increasing pressure to do something about runaway spending on Social Security, Medicare and Medicaid. Here's hoping they act sooner rather than later.
- Israel has floated a proposal to reduce its settlements in the West Bank as part of a compromise to secure Middle East peace. It remains to be seen whether this will mollify the radicals who run the Palestinian authority. Palestinian President Mahmoud Abbas is scheduled to meet with President Obama this week.
- Congressional supporters of Second Amendment rights may be able to expand protections for gun owners through a concerted effort to use amendments and other legislative procedures.
- What happens when you raise taxes on "the wealthy"? The wealthy flee to places where taxes are lower. The Wall Street Journal has the story.
Coming up at Heritage
To attend these or any other events at Heritage please RSVP at Heritage's website. Or you can view these events live online. All times are Eastern.
- On Monday, June 1 at 11:00 a.m., former Massachusetts Governor Mitt Romney will kick off Heritage's Protect America Month with a discussion of national security spending and foreign policy. This event is sold out, though a recording will be made available shortly after its conclusion.
- On Monday, June 1 at noon, author James Muller will discuss the political thinking of Winston Churchill.
- On Thursday, June 4 at 4:00 p.m., authors Martin and Annelise Anderson explain how Ronald Reagan fought to stop the Soviet Union in its tracks and abolish nuclear weapons.
Nathaniel Ward is the Editor of MyHeritage.org—a website for members and supporters of The Heritage Foundation. Amanda Reinecker contributed to this report.
