Washington Times

EDITORIAL: A judge too far

With his nomination of Judge Sonia Sotomayor for the U.S. Supreme Court, President Obama has abandoned all pretense of being a post-partisan president. While he may like to think of himself as a thoughtful moderate soaring above the issues that divide America, his actions reveal what hides under that hopeful lining.

Presidents usually nominate judges that espouse their philosophy. So what does this nomination tell us about Mr. Obama’s true colors?

Even the liberal establishment worries that Judge Sotomayor tilts too far to the left. New Republic essayist Jeffrey Rosen reports that fellow liberals who have watched or worked with her closely “expressed questions about her temperament, her judicial craftsmanship, and… [they have said] she is ‘not that smart and kind of a bully on the bench.’ ”

A suspiciously high number of her decisions have been overruled by higher courts. Wendy Long of the Judicial Confirmation Network said that record shows “she is far more of a liberal activist than even the current liberal activist Supreme Court.”

There will be much to say in days to come about Judge Sotomayor’s manifest lack of appropriate judicial restraint and about other problems in her record. For now, though, three red flags beg for attention.

Speaking at Duke University Law School in 2005, Judge Sotomayor said the “Court of Appeals is where policy is made.”

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