Senate Democrats and Supreme Court Justice Ruth Bader Ginsburg have rolled out the red carpet and the welcome mat for Judge Sonia Sotomayor to join the Court, without objection?
President Obama is the commander-in-chief of symbolism, regardless of objection, which is deeply troubling. Particularly, when he nominates someone to the Supreme Court based upon empathetic personal life experiences, race and gender rather than judicial objectivity. It was a purely political power move.
Worse, when Supreme Court nominee Sonia Sotomayor believes that minority race and female gender must not only receive equal rights and treatment, but special rights and treatment, along with the notion that they are superior to others, it is the antithesis of constitutional principles, unacceptable and wrong. Our founding document makes no provision for sacred cows.
Nevertheless, coupled with Sotomayor's belief that the courts are policy and lawmakers, the Democrat-Senate-Left will surely confirm her in furtherance of the Left's use and abuse of activist courts to advance their ideology and agenda. The Constitution be damned, manipulated, circumvented or simply ignored.
The rule of law has been replaced by "Legal Realism," a concept adopted by law schools early in the 20th Century. Judge Sotomayor subscribed to that notion, a belief in legal instrumentalism, the view that the law should be used as a tool to achieve social purposes and to balance competing societal interests.
However, this country was founded on the rule of law, not judges or courts. Our freedoms will continue to be eroded by the culture of the Left, unless something is done to enforce judicial restraint in activist courts. Those judges who violate their limitations must be removed or impeached and removed from the bench. And none should be appointed who have any record or inclination to violate judicial limitations. Indeed, there is simply too much opportunistic litigation and exploitive lawyering going on in America, and tort reform legislation must be passed.