Judge Sotomayor and the Constitution Essay Example | Topics and Well Written Essays - 500 words

Judge Sotomayor and the Constitution - Essay Example Sotomayor is no stranger to delivering such ill conceived decisions. As such, several of her judgments have been reversed by the Supreme Court. For instance, the ruling in the Riverkeepers case depicted the extreme views that she subscribes to. Her decidedly defective decision was set aside by the Supreme Court. According to Jeffrey Rosen, Judge Sotomayor is neither a capable judge, nor is she sufficiently intelligent to function as a judge (The Judicial Confirmation Network, 2009). According to Dr. Charmaine Yoest, President & CEO of Americans United for Life, the nomination of Sonia Sotomayor to the US Supreme Court by President Obama is in accordance with the latter’s predilections regarding Justices of the Supreme Court. This nomination is consistent with his perception that any ruling should be based on personal feelings and political agenda; rather than the rule of law (The Judicial Confirmation Network, 2009). President Obama has dispensed with all pretence of being a post – partisan president, with the nomination of Sotomayor. She is notorious for her innumerable failures and the patent absence of judicial restraint in her decisions. Judicial activism is essential for dispensing justice, in instances wherein the extant legislation fails to provide justice. However, it has to be borne in mind that judicial activism, per se, pays scant regard for the Constitution (The Washington Times, 2009). The principal drawback with judicial activism is that it emasculates the Constitution and supplants democratic decision making with a judge’s personal penchant. Thus an unelected judge, who is not accountable to anyone, can emerge as a dangerous and powerful despot. This extremely adverse scenario is exemplified by Sotomayor and her ilk. Judge Sotomayor opines that racial and sexual disparities are not genetic anomalies, and that these differences render some people superior to others (The Washington Times,