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From: "Crapo News Release (Crapo)" <newsclips@crapo.senate.gov>
Date: Wed, 29 Jul 2009 17:41:36 -0400
Subject: JUDICIAL ACTIVISM V. EQUAL JUSTICE BEFORE THE LAW
Thread-Topic: JUDICIAL ACTIVISM V. EQUAL JUSTICE BEFORE THE LAW
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Judicial Activism v. Equal Justice Before the Law

Guest opinion submitted by Idaho Senator Mike Crapo

For week beginning July 29, 2009



Contact:  Susan Wheeler (202) 224-5150

                Zach Adams (208) 317-8950





Recently, we had the opportunity to watch the Senate Judiciary Committee's =
hearings regarding Sonia Sotomayor, President Obama's nominee for the U.S. =
Supreme Court.  I had the opportunity to meet with her, and found her to be=
 an enjoyable, personable individual.



Judge Sotomayor has led a distinguished career and demonstrates one of the =
greatest things about America-the opportunity to become whatever you want w=
ith hard work and God-given abilities.   However, after studying her positi=
ons and carefully considering her testimony, which was often evasive and co=
ntradictory to her own previous statements, rulings and writings, I have co=
ncluded that I cannot vote to confirm her to a lifetime appointment on the =
U.S. Supreme Court.



In Maloney v. Cuomo, Sotomayor wrote that the right to bear arms is not a "=
fundamental" right and that the 2nd Amendment does not apply to states.  Th=
is ruling came after the Supreme Court ruled, in District of Columbia v. He=
ller, that individuals in the District of Columbia have an individual right=
 under the 2nd Amendment to keep and bear arms.  Even the 9th Circuit Court=
 of Appeals, which has jurisdiction over Idaho, has ruled that the 2nd Amen=
dment is binding on states as well as the District of Columbia.  If Sotomay=
or is confirmed and her Maloney decision is upheld by the Supreme Court, th=
e vast majority of Americans, including Idahoans, would not have an individ=
ual right, enforceable in the states as well in the District of Columbia, t=
o bear arms under the 2nd Amendment.



She has also stated that U.S. judges may look to foreign law to interpret t=
he U.S. Constitution and the laws of the United States.  Aside from being s=
elf-evidently unconstitutional, looking selectively to foreign law is also =
an excuse to implement a judge's personal policy preferences.  The U.S. Sup=
reme Court is charged with deciding the constitutionality of a law, or inte=
rpreting it in the context of our American system of justice, not its accor=
dance with selectively chosen foreign laws, which are numerous, contradicto=
ry, and often inconsistent with American jurisprudence.  How else would a j=
udge choose among them other than selecting those that align with a judge's=
 personal opinion?



She has also indicated that her experiences will affect the facts she choos=
es to see as a judge.  This is simply shorthand for judicial activism and m=
aking policy rather than applying the law.  To defend against this very not=
ion, however, justice is supposed to be blind---indeed, Lady Justice is dep=
icted with a blindfold.  To judge by selectively choosing which facts to em=
phasize is to lower the blindfold and peek, thereby rejecting equal justice=
 before the law.  Those who are called to judge must adhere to the rule of =
law, no matter what they personally think the law, policy or outcome should=
 be.



The U.S. Supreme Court has directly reviewed ten of Sotomayor's decisions, =
and eight of those have been reversed or vacated.  The Court reversed her r=
ecent decision in Ricci v. DeStefano, which upheld a decision to throw out =
a test for hiring firefighters because too few minorities passed.  This cas=
e depicts the arbitrary selectivity of judicial activism.  The firefighters=
 who worked hard to pass the test did nothing wrong, yet were denied equal =
justice.



I take the responsibility of confirming Supreme Court justices very serious=
ly and my decision was not reached lightly.  Judges take an oath to "admini=
ster justice without respect to persons, and do equal right to the poor and=
 to the rich."  Given my review of Sotomayor's record, I question whether s=
he would abide by this standard and must vote against her nomination to sit=
 on the highest court in our country.



Word Count: 600





To directly link to this guest opinion, please use the following address:

http://crapo.senate.gov/media/newsreleases/release_full.cfm?id=3D316465



......................................................................

This is generated from an unattended mailbox. If you have constituent comme=
nts or information you would like forwarded to Senator Crapo, please do so =
at the Senator's website, http://crapo.senate.gov<http://crapo.senate.gov/>=
. Comments sent to this e-mail address will not be responded to.


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<div class=3D"Section1">
<div>
<p class=3D"MsoNormal" align=3D"center" style=3D"text-align:center"><b><fon=
t size=3D"5" face=3D"Arial"><span style=3D"font-size:18.0pt;font-family:Ari=
al;font-weight:bold">Judicial Activism v. Equal Justice Before the Law</spa=
n></font></b></p>
<p class=3D"MsoNormal" align=3D"center" style=3D"text-align:center"><i><fon=
t size=3D"5" face=3D"Arial"><span style=3D"font-size:16.0pt;font-family:Ari=
al;font-style:italic">Guest opinion submitted by Idaho Senator Mike Crapo</=
span></font></i></p>
<p class=3D"MsoNormal" align=3D"center" style=3D"text-align:center"><font s=
ize=3D"3" face=3D"Arial"><span style=3D"font-size:12.0pt;font-family:Arial"=
>For week beginning July 29, 2009</span></font></p>
<p class=3D"MsoNormal" align=3D"center" style=3D"text-align:center"><i><fon=
t size=3D"3" face=3D"Arial"><span style=3D"font-size:12.0pt;font-family:Ari=
al;font-style:italic"> </span></font></i></p>
<p class=3D"MsoNormal" style=3D"text-align:justify"><font size=3D"3" face=
=3D"Arial"><span style=3D"font-size:12.0pt;font-family:Arial">Contact:&nbsp=
; Susan Wheeler (202) 224-5150</span></font></p>
<p class=3D"MsoNormal" style=3D"text-align:justify"><font size=3D"3" face=
=3D"Arial"><span style=3D"font-size:12.0pt;font-family:Arial">  &=
nbsp;            &nb=
sp;Zach Adams (208) 317-8950</span></font></p>
<p class=3D"MsoNormal" style=3D"text-align:justify"><i><font size=3D"3" fac=
e=3D"Arial"><span style=3D"font-size:12.0pt;font-family:Arial;font-style:it=
alic"> </span></font></i></p>
<p class=3D"MsoNormal" align=3D"center" style=3D"text-align:center"><font s=
ize=3D"3" face=3D"Times New Roman"><span style=3D"font-size:12.0pt"> <=
/span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial">Recently, we had the opportunity to watch the Senate Jud=
iciary Committee’s hearings regarding Sonia Sotomayor, President Obam=
a’s nominee for the U.S. Supreme
 Court.  I had the opportunity to meet with her, and found her to be a=
n enjoyable, personable individual. 
</span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial"> </span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial">Judge Sotomayor has led a distinguished career and demon=
strates one of the greatest things about America—the opportunity to b=
ecome whatever you want with hard
 work and God-given abilities.   However, after studying her posi=
tions and carefully considering her testimony, which was often evasive and =
contradictory to her own previous statements, rulings and writings, I have =
concluded that I cannot vote to confirm her
 to a lifetime appointment on the U.S. Supreme Court.    &nb=
sp;</span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial"> </span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial">In
<i><span style=3D"font-style:italic">Maloney v. Cuomo</span></i>, Sotomayor=
 wrote that the right to bear arms is not a “fundamental” right=
 and that the 2<sup>nd</sup> Amendment does not apply to states.  This=
 ruling came after the Supreme Court ruled, in
<i><span style=3D"font-style:
italic">District of Columbia v. Heller</span></i>, that individuals in the =
District of Columbia have an individual right under the 2<sup>nd</sup> Amen=
dment to keep and bear arms.  Even the 9<sup>th</sup> Circuit Court of=
 Appeals,
 which has jurisdiction over Idaho, has ruled that the 2<sup>nd</sup> Amend=
ment is binding on states as well as the District of Columbia.  If Sot=
omayor is confirmed and her
<i><span style=3D"font-style:italic">Maloney</span></i> decision is upheld =
by the Supreme Court, the vast majority of Americans, including Idahoans, w=
ould not have an individual right, enforceable in the states as well in the=
 District of Columbia, to bear arms
 under the 2<sup>nd</sup> Amendment.</span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial"> </span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial">She has also stated that U.S. judges may look to foreign=
 law to interpret the U.S. Constitution and the laws of the United States.&=
nbsp; Aside from being self-evidently
 unconstitutional, looking selectively to foreign law is also an excuse to =
implement a judge’s personal policy preferences.  The U.S. Supre=
me Court is charged with deciding the
<i><span style=3D"font-style:italic">constitutionality</span></i> of a law,=
 or interpreting it in the context of our American system of justice, not i=
ts accordance with selectively chosen foreign laws, which are numerous, con=
tradictory, and often inconsistent
 with American jurisprudence.  How else would a judge choose among the=
m other than selecting those that align with a judge’s personal opini=
on? </span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" color=3D"red" face=3D"Arial"><span =
style=3D"font-size:
12.0pt;font-family:Arial;color:red"> </span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial">She has also indicated that her experiences will affect =
the facts she chooses to see as a judge.  This is simply shorthand for=
 judicial activism and making policy
 rather than applying the law.  To defend against this very notion, ho=
wever, justice is supposed to be blind---indeed, Lady Justice is depicted w=
ith a blindfold.  To judge by selectively choosing which facts to emph=
asize is to lower the blindfold and peek,
 thereby rejecting equal justice before the law.  Those who are called=
 to judge must adhere to the rule of law, no matter what they personally th=
ink the law, policy or outcome should be.</span></font>
</p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial"> </span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial">The U.S. Supreme Court has directly reviewed ten of Soto=
mayor’s decisions, and eight of those have been reversed or vacated.&=
nbsp; The Court reversed her recent decision
 in <i><span style=3D"font-style:italic">Ricci v. DeStefano</span></i>, whi=
ch upheld a decision to throw out a test for hiring firefighters because to=
o few minorities passed.  This case depicts the arbitrary selectivity =
of judicial activism.  The firefighters
 who worked hard to pass the test did nothing wrong, yet were denied equal =
justice.</span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial"> </span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial">I take the responsibility of confirming Supreme Court ju=
stices very seriously and my decision was not reached lightly.  Judges=
 take an oath to “administer justice
 without respect to persons, and do equal right to the poor and to the rich=
.”  Given my review of Sotomayor’s record, I question whet=
her she would abide by this standard and must vote against her nomination t=
o sit on the highest court in our country. 
</span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial"> </span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial">Word Count: 600</span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Times New Roman"><span styl=
e=3D"font-size:
12.0pt"> </span></font></p>
<p class=3D"MsoNormal"><a name=3D"OLE_LINK1"><font size=3D"3" face=3D"Arial=
"><span style=3D"font-size:12.0pt;font-family:Arial"> </span></font></=
a></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Arial"><span style=3D"font-=
size:12.0pt;
font-family:Arial">To directly link to this guest opinion, please use the f=
ollowing address:
</span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" color=3D"blue" face=3D"Arial"><span=
 style=3D"font-size:
12.0pt;font-family:Arial;color:blue"><a href=3D"http://crapo.senate.gov/med=
ia/newsreleases/release_full.cfm?id=3D316465">http://crapo.senate.gov/media=
/newsreleases/release_full.cfm?id=3D316465</a></span></font></p>
<p class=3D"MsoNormal"><font size=3D"3" face=3D"Times New Roman"><span styl=
e=3D"font-size:
12.0pt"> </span></font></p>
<p class=3D"MsoNormal" align=3D"center" style=3D"text-align:center"><font s=
ize=3D"2" face=3D"Arial"><span style=3D"font-size:10.0pt;font-family:Arial"=
>......................................................................</sp=
an></font></p>
<p><font size=3D"2" color=3D"black" face=3D"Arial"><span style=3D"font-size=
:10.0pt;
font-family:Arial;color:black">This is generated from an unattended mailbox=
. If you have constituent comments or information you would like forwarded =
to Senator Crapo, please do so
 at the Senator's website, <a href=3D"http://crapo.senate.gov/" title=3D"ht=
tp://crapo.senate.gov/">
http://crapo.senate.gov</a>. Comments sent to this e-mail address will not =
be responded to.</span></font></p>
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