Commentary Magazine


Contentions

Re: Off Focus

Eric, Goldstein’s analysis, as Ed Whelan points out, omits en banc decisions — including two whoppers. In Hayden v. Pataki, Sotomayor took the unusual position that the equal protection clause barred states from disenfranchising felons. Yes, really. In Brown v. City of Oneonta, she took the position that it was an equal protection violation for police to focus on African America male suspects after a woman was attacked by an African American male and provided a description to the police. Really.

I would also caution against these superficial statistical studies. They show nothing about the issues that were at stake, the facts, and the degree of ambiguity in existing law in these specific cases. More important, if there are two or three instances in which Sotomayor attempted to propagate odd new law — all which tend toward radical new theories of equal protection jurisdprudence – isn’t that sufficient reason for concern even though she has a dozen run of the mill dismissals of ordinary Title VII claims? She would, after all, have the chance to do this all the time if confirmed. And if that is combined with a jaw-dropping speech shedding doubt on the role of impartiality in judging and suggesting there is some “Latina” brand of jurisprudence?

In this case it is not the media which has created an issue. It is Sotomayor’s own words and opinions which deserve a full review.



Join the discussion…

Are you a subscriber? Log in to comment »

Not a subscriber? Join the discussion today, subscribe to Commentary »





Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor to our site, you are allowed 8 free articles this month.
This is your first of 8 free articles.

If you are already a digital subscriber, log in here »

Print subscriber? For free access to the website and iPad, register here »

To subscribe, click here to see our subscription offers »

Please note this is an advertisement skip this ad
Clearly, you have a passion for ideas.
Subscribe today for unlimited digital access to the publication that shapes the minds of the people who shape our world.
Get for just
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor, you are allowed 8 free articles.
This is your first article.
You have read of 8 free articles this month.
YOU HAVE READ 8 OF 8
FREE ARTICLES THIS MONTH.
for full access to
CommentaryMagazine.com
INCLUDES FULL ACCESS TO:
Digital subscriber?
Print subscriber? Get free access »
Call to subscribe: 1-800-829-6270
You can also subscribe
on your computer at
CommentaryMagazine.com.
LOG IN WITH YOUR
COMMENTARY MAGAZINE ID
Don't have a CommentaryMagazine.com log in?
CREATE A COMMENTARY
LOG IN ID
Enter you email address and password below. A confirmation email will be sent to the email address that you provide.