SCOTUS Hearings
Wow… for a nominee to the Supreme Court, you would figure that ability to communicate ideas effectively would be a strong suit, but for Sotomayor it might be harder than most.
First – let’s give her some benefit of the doubt. If someone followed any one of us around all day long asking questions, recording the answers, checking those answers against speeches and legal papers written in the last decade… well, let’s just say most of us are not consistent enough thinkers to handle this level of scrutiny.
Having said that, I still found one part of the recent political maneuvering interesting. During some questioning in reference to the 2nd Amendment, Ms. Sotomayor said something funny (here):
The judge also stressed that she understood “how important the right to bear arms is to many, many Americans” and said some of her friends are gun owners and hunters.
It’s probably my sense of humor more than anything else, but anytime someone states to me, “But some of my best friends are X” it usually means they don’t really like X all that much.
& when a SCOTUS nominee does so – then it’s just pure gold.
On the serious side, for those who think the second amendment is as sacrosancct as the first amendment, this wasn’t the only disconcerting thing (even if amusing) that was said. She went on to add that the 14th amendment doesn’t apply to the 2nd as it does to the rest of them.
During the exchange, which bounced back and forth for a few minutes, Sotomayor said: “Well, the government can remedy a social problem that it is identifying or a difficulty it’s identifying (as long as the law) reasonably seeks to achieve that result. In the end, it can’t be arbitrary and capricious.” (In other words, many anti-gun laws enacted by states might end up being perfectly constitutional, as long as they weren’t “arbitrary and capricious.”)
Of course the real gist of this statement will depend upon how she and others will judge the phrase “arbitrary and capricious”, but it seems on the face of it she seems to believe less highly in the 2nd amendment than the 1st.
Always wondered how some people could argue that the 1st amendment is the most important amendment , but the 2nd amendment was written by old guys who had no idea what things would look like today.
Either way you happen believe, most of what is going on is nothing more than political posturing of each side. One is attempting to increase her credibility, the other side attempting to decrease her credibility, all the while both knowing it’s unlikely to change the eventual outcome.
So from that point of view – might as well pick out little quotes here and there and laugh. It’s more rational than worrying about the future.
July 15, 2009
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Posted by Michael S. Langston
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