Soto judicial philosophy: 'Fidelity to law'
Posted: Monday, July 13, 2009 3:03 PM by Domenico Montanaro
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Courts
From NBC's Domenico Montanaro
Sonia Sotomayor's statement was mostly biographical and relatively short. But she said her judicial philosophy is "fidelity to law. The task of a judge is not to make the law -- it is to apply the law."
It's an interesting turn of phrase, considering that Republicans have seized Sotomayor's 2005 comments at Duke law, in which she said that circuit courts are where policy is made.
Video: NBC's Tracie Potts reports on Supreme Court nominee Sonia Sotomayor's Senate confirmation hearings.
Expect them to dig in on that point tomorrow in questioning to start 9:30 am ET. Judiciary Ranking member
Jeff Sessions (R-AL) already previewed that he would take his shots.
Here are the key graphs:
In the past month, many Senators have asked me about my judicial philosophy. It is simple: fidelity to the law. The task of a judge is not to make the law -- it is to apply the law. And it is clear, I believe, that my record in two courts reflects my rigorous commitment to interpreting the Constitution according to its terms; interpreting statutes according to their terms and Congress’s intent; and hewing faithfully to precedents established by the Supreme Court and my Circuit Court. In each case I have heard, I have applied the law to the facts at hand.
The process of judging is enhanced when the arguments and concerns of the parties to the litigation are understood and acknowledged. That is why I generally structure my opinions by setting out what the law requires and then by explaining why a contrary position, sympathetic or not, is accepted or rejected. That is how I seek to strengthen both the rule of law and faith in the impartiality of our justice system. My personal and professional experiences help me listen and understand, with the law always commanding the result in every case.
*** UPDATE *** In fact, Mitch McConnell's office just blasted out those 2005 Sotomayor comments with this headline: "CONFIRMATION CONVERSION: 'FIDELITY TO THE LAW'" Subheadline: "Previously Said 'Court Of Appeals Is Where Policy Is Made'"