Tuesday, May 26, 2009

Sotomayor Strategies

The Sotomayor SCOTUS pick has the right in a tizzy, which is to be expected because let's face it, few of us trust Obama to be anything more than horrific on Supreme Court appointments--he's all but promised to pack the court with pro-abort radical activists.

But is Sotomayor really that? Consider:
Abortion rights have been a flashpoint in several recent Supreme Court confirmations, although Sotomayor has not written any controversial rulings on the subject.

As a federal appeals court judge in 2002, she ruled against an abortion rights group that had challenged a government policy prohibiting foreign organizations receiving U.S. funds from performing or supporting abortions.

In her opinion, Sotomayor wrote that the government was free to favor the anti-abortion position over a pro-choice position when public funds were involved.
Now, I know that there are still problems with Sotomayor's judicial outlook; she's clearly liberal in her viewpoints. But a truly rabid pro-abortion judge wouldn't have ruled in favor of the pro-life side in the case mentioned above; he or she would, instead, have made up some excuse about emanating penumbras or the sweet mystery of life in order to rule the way he or she wanted (and the way his or her Planned Parenthood friends wanted).

So I propose a new strategy for the right: say that we're delighted with the Sotomayor pick, and point to this particular ruling as the reason why. Hint at her Catholic schooling and background as another thing that delights us, and express hope that she'll resume the practice of her ancient faith once confirmed as a Supreme Court judge, what with the example of the other five Catholics on the Court (as reports seem to indicate that at present her church attendance is limited to family celebrations). Admit that we'd like to know a bit more about her beliefs on a few things like affirmative action etc., but say that for the most part we're delighted that Obama has selected a woman who has every appearance of taking the Constitution seriously, and who may even be a strict constructionist when all is said and done.

Attacking Sotomayor from the right is probably doomed to backfire. But nothing will make the left more uneasy than the appearance that the right is, when all is said and done, relatively pleased with this choice, and especially pleased that "rabid pro-abortion activist judge" isn't anywhere on Ms. Sotomayor's resume.


Sally said...

Perhaps we should say nothing at all, or very little anyway. Expressing delight could backfire in that the left will be so uneasy that they'll insist on a more pro-abort pick. I will just pray in the meantime.

Anonymous said...

All things considered, given the kind of appointments we can expect from Obama, this could have been a lot worse. The next one might very well be.