Sotomayor is an anti-constitutionalist

Court of Appeals is where policy is made.

~ Judge Sotomayor, 2005 conference at Duke Law School

America! Be not deceived by President’s Obama’s first nominee to the Supreme Court. The singular, relevant question regarding her fitness to serve on the high court is quite simple: Is Judge Sonia Sotomayor a constitutionalist or an anti-constitutionalist?

First, let’s define the terms: A constitutionalist is a judge that conscientiously follows the black-letter text of the U.S. Constitution as their only consideration to both determine the applicable rule of law, as well as complying with the original intent of the Constitution’s framers. On the contrary, an anti-constitutionalist is a judge that cares little to nothing about the black-letter text of the Constitution or the original intent of the Constitution’s framers.

What standard, then, do anti-constitutionalist judges use to determine the rule of law? These “activist” or “progressive” judges place their own personal policy preferences as the supreme law of the land. That’s the kind of sophism liberal jurists propagate with phrases like, “incorporation doctrine,” “evolving standards of decency,” “living Constitution” or idiocy about the inherent wisdom of Latina judges. America, that’s treason!

In 2005, I wrote a law review article on this very subject, critiquing liberal activism and judicial fascism.

George Will presented an excellent synopsis of the conventional view shared by most legal academics: “Her ethnicity aside, Sotomayor is a conventional choice. The court will remain composed entirely of former appellate court judges. And like conventional liberals, she embraces identity politics, including the idea of categorical representation: A person is what his or her race, ethnicity, gender or sexual preference is, and members of a particular category can be represented – understood, empathized with – only by persons of the same identity.”

Although George Will’s analysis gets us closer to the core of the real Judge Sotomayor, historically, the law academy did not extend these racialist considerations in 1991 during the nomination of Clarence Thomas, a black man and an appellate judge. Why wasn’t his compelling Horatio Alger, up-by-your-bootstraps background given credence during his Supreme Court confirmation hearings? Democrats and liberals of every racial cant were united to destroy this upstanding man by any means necessary. Why? Because he was a black man and a conservative – a despised combination that liberals have a reflexive hatred of even to this day.

Yes, Sotomayor graduated from Princeton and from Yale Law with honors, yet I find her body of work both unremarkable and lacking in the requisite intellectual substance one would expect from an appellate court judge, let alone a justice of the Supreme Court. The government-controlled media (e.g., ABC, CBS, NBC, MSNBC, Washington Post, New York Times, Time Magazine, Newsweek) like the lap dogs they’ve been for over 70 years, all give her a pass and refuse to offer a substantive critique of her entire judicial oeuvre.

Even a cursory examination of the public statements, speeches and judicial opinions of Judge Sotomayor based on the little information we already have characterizes her as a shameless, anti-constitutionalist judge.

Why did Obama nominate her over all the other great judges and legal minds in the nation?

Obama is many things, but above all he is an irredeemable narcissist and a fascist. Like his predecessor Bill Clinton, Obama subsumes everything and everybody for his own self-aggrandizement. So it is with his nominee, Sonia Sotomayor. This woman is merely Obama in a skirt, Obama with a Spanish accent. Sotomayor possesses the perverse socialist worldview he has in constitutional law and political philosophy. She is a macabre reflection of Obama’s alter ego; his fascist conception of the Constitution where “redistributive change” and overcoming of the Constitution’s “negative rights” (Obama-speak for his utter contempt of the Constitution’s framers) will be obeyed to the letter by Sotomayor, especially on the abortion question.

Sotomayor, as Obama’s Cassandra-figure (despite her judicial “madness”) will demand that her oracles be believed. Her judicial opinions will move the court away from the strict constructionist constitutionalism of Justices’ Thomas, Scalia, Roberts and Alito to the judicial fascism and liberal activism of Justices Stevens, Souter, Ginsburg, Breyer and Kennedy – the legitimate text of the Constitution replaced with the judge’s own personal policy preferences or reliance on foreign legal precedents or extra-constitutional sources like the constitutions of Jamaica, India, Zimbabwe and the European Court of Human Rights. These are the legal authorities Justice Stephen Breyer suggested that the Court follow, particularly in death penalty and gay rights cases.

In an article on judicial review I wrote a year ago titled, “An American oligarchy of 5,” I made the following prediction, which could apply to any renegade, narcissist judge who favors placing his or her own views over the framers of the Constitution:

The tyranny of the judicial branch was realized by Thomas Jefferson shortly after the original sin of Marbury v. Madison (1803) was handed down, where the Supreme Court seized the right to be the final authority on all constitutional questions – not Congress, not “We the People,” but an unelected cartel of five justices can now with Stalinesque efficiency control every aspect of our lives. That judge-created doctrine of law is called judicial review. In 1820, just 17 years after the Marbury decision, Jefferson lamented to a friend in a letter, To consider the judges as the ultimate arbiters of all constitutional questions would place us under the despotism of an oligarchy.

Unless and until “We the People” collectively say enough is enough, throw all the bums out of office and begin to elect members to Congress with the intestinal fortitude to obey the Constitution, until we demand that every appellate judge interprets the rule of law according to the black-letter text of the Constitution, or be immediately impeached, then unremarkable, fascist presidents like B. Hussein Obama will continue to try to enshrine their legacy in the anti-constitutional opinions of racist, activist and “peeking” judges like Sonia Sotomayor.

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