Bench Memos

Law & the Courts

‘Sonia Sotomayor’s Foreign Deceptions’

That’s the title of my new Confirmation Tales post, which begins:

As we have seen, even though she had an easy path to confirmation, Sonia Sotomayor failed to defend the progressive vision of judging at her confirmation hearing and instead strove to sound like a judicial conservative. She resorted to even more blatant deceptions when she tried to camouflage her permissive position on looking to foreign and international law to decide the meaning of provisions of our Constitution.

It’s all too common for folks to take snippets of a Supreme Court nominee’s confirmation testimony out of context, read into it all sorts of things that aren’t in fact there, and on that flimsy basis charge that the nominee lied. I don’t think that you will find a clearer case of deception, whether intentional or otherwise, than in Sotomayor’s testimony on this topic (unless it’s her testimony on Ricci v. DeStefano).

I invite you to sign up for Confirmation Tales.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
Exit mobile version