The Two Faces of Sonia Sotomayor: Her Views on Judicial Activism

  During her confirmation hearing Sonia Sotomayor was asked about judicial activism by Sen. Jon Kyl, and how she believes that a justice should rule. This was her answer:

I wouldn’t approach the issue of judging in the way the president does…Judges can’t rely on what’s in their heart. They don’t determine the law. Congress makes the law. The job of a [judge] is to apply the law,” Sotomayor said, in response to question by Sen. Jon Kyl (R-Ariz.) “It’s not the heart that compels conclusions in cases, it’s the law.” 

Sotomayor went on to say a judge’s feelings were irrelevant to the correct outcome in a case. “We apply law to facts. We don’t apply feelings to facts,”

  Great answer! That is the answer that I wanted to hear. That was also the answer that Jon Kyl and other strict constitutionalists wanted to hear. This is the answer that anyone who believes in the constitution wanted to hear.

  I would feel a little better about that answer and about Sonia Sotomayor except that I am not sure that she really believes what she said. I think that she just told me and everyone else what they wanted to hear.

  She has been rehearsing and training for this moment since she was nominated to take a seat on the Supreme Court. She knew this question was coming and she knew what answer she should give. But do you remember what she said in an unscripted moment when she forgot that she was being recorded? She held just the opposite opinion.

court of appeals is where policy is made, and I know — I know this is on tape, and I should never say that because we don’t make law. I know. O.K. I know. I’m not promoting it. I’m not advocating it. I’m — you know

  During this unscripted moment she admitted that she believes the court of appeals makes laws, but then remembering that she was being recorded she tried to backtrack. She seemed to realize that she shouldn’t say what she was about to say but couldn’t stop herself, and then she tried to make it seem as if she were joking.

  So the question is, which side of this issue do you think that Sonia Sotomayor really believes? Do you believe her answer from the hearing in which she had time to prepare and give us all the answer we wanted to hear? Or do you believe what she said when she forgot that she was being recorded and she was just being herself?

  She appears to hold two positions on judicial activism and ruling from the heart depending on which audience she is talking to. One of these views is her real view and I suppose we will not find out the truth until she is seated on the Supreme Court. At least officially, I have a pretty good idea what her true position is and I do not like it.