With Judge Sonia Sotomayor already facing questions over her 60 percent reversal rate, the Supreme Court could dump another problem into her lap next month if, as many legal analysts predict, the court overturns one of her rulings upholding a race-based employment decision.
Three of the five majority opinions written by Judge Sotomayor for the 2nd Circuit Court of Appeals and reviewed by the Supreme Court were reversed, providing a potent line of attack raised by opponents Tuesday after President Obama announced he will nominate the 54-year-old Hispanic woman to the high court.
"Her high reversal rate alone should be enough for us to pause and take a good look at her record. Frankly, it is the Senates duty to do so," said Wendy Wright, president of Concerned Women for America.
But opponents have an uphill battle.
Ms. Sotomayor's nomination is a direct affront to the ideal that we are a nation of laws. The "empathy" standard itself violates the concept of equal justice. The only way to stop her from being confirmed is to turn public opinion against her so that Senators won't vote for her. If we didn't have a 17th Amendment, Senators would be held accountable by state legislatures which would demand that they only support candidates who would maintain decentralization of power. Until the 17th Amendment is repealed, judicial nominations will continue to be circus events, filled with political posturing and absolutely certain to result greater and greater politicization of what is supposed to be an impartial and objective judiciary.