JUDGE SOTOMAYOR - REASONS FOR CONCERN
May 27, 2009
Conservatives need to start caring about the culture, and not just about politics. This has never been more evident than with President Obama's nomination of Sonia Sotomayor to the Supreme Court.
Sotomayor believes that the warm and fuzzy tingles, personal experiences, and journeys are the compass of true jurisprudence, not the letter of the law.
Elite law schools have been teaching "critical" legal theory for more than a decade. The basis of critical theory is that there is no objectivity in the law. None.
Legal positions are based upon one's background, ethnicity, wealth (or lack thereof), etc. The law is just a power tool to be used by various groups and the key to good legal judgment is "empathy" with the poor, downtrodden, etc.
In short, don't let the powerful and rich use the law to their advantage — this is the First Commandment of current legal theory that rules our elite law schools. If this theory has been taught for a decade, it will have political consequences.
Conservatives: If we don't start making the fight bigger, plainly put: about the culture, instead of small-ball political fights, we will lose interminably.
Before Sotomayor sails through the confirmation process, the real question that needs to be answered is this: Is she a mechanism for the left to use a far-fetched interpretation of the Constitution to enact laws they can't get through Congress?
If that’s the case, the nation is facing the most rapid cultural decay it’s seen in years.
It’s time for the GOP to start fighting the left on the culture: academia, the media, and the entertainment industry. This battle is bigger than the bench, and much bigger than politics.
I will have more to say in the next article coming tomorrow.
We believe that the Constitution of the United States speaks for itself. There is no need to rewrite, change or reinterpret it to suit the fancies of special interest groups or protected classes.