Sonia Sotomayor for Supreme Court?

So it has been announced that President Obama’s choice to replace Justice Souter is Judge Sonia Sotomayor… I haven’t seen her opinions on many issues but some things that have come to light since her nomination have raised an eyebrow or two.

The first comes in the form of a comment she made back in 2001 in response to the notion that “a wise old man and a wise old woman would reach the same conclusion when deciding cases,” to which she stated;

I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.

While I would say that each and every person wouldn’t have the same opinions as others because of the diversity of life in the United States, I do have to object on a fundamental level to that mindset. As a judge, you are called upon to view facts and information and apply the law to the facts. No one is asking you to apply your personal opinion on the case and I honestly do not feel ethnicity or gender would play much of a role, if any in the way one applies the law.

The second problem I see with Judge Sotomayor’s viewpoints on judicial procedure comes from a comment made at Duke University in 2005;

…all of the legal defense funds out there. They’re looking for people with Court of Appeals experience. The Court of Appeals is where policy is made.

Seems this Supreme Court Justice Nominee does not even know how the Judicial System FUNCTIONS in her own country. The courts interpret the law, and apply it to the facts of the case. When the law is not particularly clear on the case at hand, the court may establish a judicial precedent to help other courts dealing with similar cases in applying the rule of law.

Policy is the role of the Legislative Branch of the United States… spin it how you like but my copy of the US Constitution makes no mention of policy creation from inside the Judicial Branch.