A Cast and A Court

This last Monday Supreme Court Nominee Sotomayor tripped and fell fracturing her ankle at the airport. She spends the rest of the day on crutches and in a cast as she managed to keep all of her appointments for the rest of the day. This led to a full article from the associated press about her injury. My question is … Who cares? This seems to be more of a way to avoid talking about the problems with Sotomayor’s judicial history as it concerns her Supreme Court nomination. The problems are not the fact that she is a woman or that she is a minority. More so that she is a woman and a minority. Let me explain.

Over the course of the history of the Supreme Court, 150 of the 150 something have been white men. Naturally the democratically controlled government is trying their best to do … well, anything that the Bush administration did not do. To do such, naturally President Obama selected Sotomayor as the next nominee for Supreme Court justice. The main problem is that the biggest reason she is being considered is because she is a female minority.

Sotomayor has several warning signs from her career as a judge. I direct you back to a speech she gave at Duke University Law School, where she said “All of the legal defense funds out there, they’re looking for people with court of appeals experience. Because it is – court of appeals is where policy is made.”

The point of a judge is not to legislate from the bench, but rather to decide if actions fall within the legality of the laws and the constitution. When that power is bestowed on an individual, the power to impose one’s individual ideals and beliefs on the entire community is also given. This is not a power that the founding fathers intended, but the very nature of the position allows for it. The most important point then becomes the ability of an individual to overlook their own ideals and beliefs and subject themselves to the laws that have been placed before them. This responsibility is all too often overlooked by our Supreme Court justices and for the last 30 to 50 years, they have taken it upon themselves to inflict the beliefs of 5 to 7 individuals on the whole of the American people.

I fully believe that all should be equal. If there is an under representation in the Supreme Court, by all means, let’s fix that, but not at the expense of not only the morality and ethical standing of the system, but also the legality of it. Once we allow individuals to hold absolute power in the government, we move right back to the same system of government that the men and women or our armed forces fight against. Let us remember that we need to choose those who lead us on the content of their character and not the color of their skin.