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Obama Nominates Sotomayor to Supreme Court

 
By Dunstan Prial
FOXBusiness
     
    Sotomayor Nomination 276

    President Barack Obama’s nomination of federal appeals court Judge Sonia Sotomayor to the U.S. Supreme Court will meet perfunctory resistance from some critics who are poised to portray her as anti-business.

    But her personal narrative is simply too alluring. Politics will ultimately rule the day and legal analysts believe she will almost certainly fly through the confirmation process.

    “I think there’s very little that someone who would want to oppose her could use as a hook to latch on to,” said David Hoffman, a law professor at Temple University. “Ultimately, it’s a safe and savvy choice by the President.”

    The concern among conservatives and some corners of the business community is that aspects of her legal history can be construed as favoring legal concepts that serve to hurt businesses and constrain economic growth.

    For instance, in one of her most high-profile cases, Sotomayor joined a ruling that supported affirmative action and came down against a group of white firefighters who had sued the New Haven, Conn., fire department.

    Affirmative action is widely seen by conservatives as a detriment to business because it ostensibly precludes promotion by merit.

    The U.S. Chamber of Commerce perhaps framed the parameters of the upcoming debate over Sotomayor in a carefully worded response to her nomination.

    After applauding President Obama’s quick response to filling the seat being left vacant by the retirement of Judge David Souter, the Chamber noted the “increasingly important role” the Supreme Court has played in issues that affect the “business community and the health of the economy.”

    Check out FOXNews.com's Supreme Court page for top stories and videos on the Judicial branch

    The federation concluded in its statement: “It is important that the confirmation process focus carefully on the nominee’s views and how they would impact economic growth and Main Street businesses. It is equally important that the next associate justice applies the law without bias.”

    That could be interpreted as code for concerns that a female Latino judge raised in a housing project in the South Bronx will be unable to separate her upbringing from her appointed role as an objective purveyor of justice.

    And, indeed, Sotomayor may have given her critics ammunition in the form of a sentence uttered during a speech in 2002 in which she seemed to express a belief that her experiences as a woman and a Latino would absolutely help frame her legal rulings.

    Temple’s Hoffman said both the New Haven case and the Berkeley comments will receive a lot of attention as the confirmation process rolls along. But, among legal scholars at least, neither example is seen as likely to derail her nomination.

    The New Haven case was decided based primarily on earlier cases -- or precedence in legal jargon -- and a thorough reading of the entire Berkeley speech, rather than a single sentence, puts her views in far wider perspective, Hoffman noted.

    And, in any case, all of her rulings from the bench, as well as her philosophical meanderings in various speeches, will likely be trumped by her biography.

    “She has a very compelling personal story that will make it very difficult for Republican Senators to object to her nomination,” said Hoffman.

    Sotomayor, 54, is the daughter of Puerto Rican immigrants. Her father died when she was 9, and she was raised in a housing project in a tough section of New York City by a single mother who worked extra jobs to send her to private school.

    After Princeton, Yale Law School and a stint in the Manhattan District Attorney’s office, she was appointed to the federal bench in 1991 by Republican President George H. W. Bush. Democratic President Bill Clinton nominated her to the appeals court in 1996.

    The White House was quick to note Tuesday that her 17 years on the federal bench represents more judicial experience than any nominee to the Supreme Court confirmed in the past 70 years.

    All of that background will work in her favor. But her nomination will likely come down to how willing Republican Senators are to potentially anger the fastest growing demographic in the U.S. -- Hispanics. And the answer to that question would seem to be “not very.”

    Fox Business Video


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