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By Sotomayor’s Reasoning, Court decision upholding Jim Crow was “settled law”

Posted by GayPatriotWest at 3:25 am - July 15, 2009.
Filed under: American History,Supreme Court

President Obama’s Supreme Court nominee Sonia Sotomayor said yesterday that the Roe v. Wade is “settled law.”

By that standard, she would (had she been asked in 1932) have called Plessy v. Ferguson, the 1896 decision upholding Jim Crow laws, “settled law” .



  1. Solid reasoning.

    Comment by ThatGayConservative — July 15, 2009 @ 5:38 am - July 15, 2009

  2. I don’t know Dan I really don’t think a wise latina woman would be nominated for the Supreme Court back in 1937. Women didn’t even have the right to vote until 1920.

    Comment by rusty — July 15, 2009 @ 8:10 am - July 15, 2009

  3. Dan,

    Lets not forget that she testified yesterday: American law does not permit the use of foreign law or international law to interpret the Constitution. That’s a given. And my speech explained that, as you noted, explicitly. There is no debate on that question; there’s no issue about that question.

    but said in a speech, referenced here:
    In both those cases, Judge Sotomayor said, the court was using the foreign or international law to “help us understand what the concepts meant to other countries and . . . whether our understanding of our own constitutional rights fell into the mainstream of human thinking.”

    Andrew McCarthy summed it up best

    Comment by The Livewire — July 15, 2009 @ 8:51 am - July 15, 2009

  4. Sotomayor seems to be lying to get on the bench and that’s what happens when the Republicans blow their own philosophy and hence, blow elections. Just as Roberts and Alito are what happens (good) when the Republicans stick to their philosophy and win elections.

    Comment by ILoveCapitalism — July 15, 2009 @ 10:10 am - July 15, 2009

  5. Here’s a question: If the country is center-left, as many of the trolls claim, then why does someone like Sotomayor find it necessary to deny her previous record and pretend to be as judicially conservative as Roberts and Scalia even with a filibuster-proof Democrat majority?

    If the left’s ideas are really in ascendancy, why can’t she let her affirmative-action, internal law, judicial activist freak flag fly?

    Comment by V the K — July 15, 2009 @ 10:15 am - July 15, 2009

  6. #2 – Just FYI, rusty – Texas elected the first woman governor in 1928, only 8 years after passage of the 19th Amendment. A woman jurist would not be unheard-of a mere 10 years later.

    Peter H.

    Comment by Peter Hughes — July 15, 2009 @ 12:46 pm - July 15, 2009

  7. Well, she is a Democrat. And they were responsible for those laws….

    Comment by Kevin — July 15, 2009 @ 2:12 pm - July 15, 2009

  8. Danke Mr H. Loved the story of MA Ferguson.

    Comment by rusty — July 15, 2009 @ 2:43 pm - July 15, 2009

  9. In fairness to Judge Sotomayor, the core holding of Roe has withstood multiple challenges. So it probably is fair to say that Roe is settled law. (There certainly isn’t a majority on the Court today, nor is there likely to be one soon, for overturning Roe).

    And we right-of-center types are usually the ones who venerate precedent. (We do it as a mechanism of judicial restraint.) So even if, as I suspect, Judge Sotomayor is only paying lip service to a conservative understanding of the law, it says something that she feels the need to pay that lip service, no?

    Comment by Paul — July 15, 2009 @ 3:51 pm - July 15, 2009

  10. Sotomayor even lies about being a baseball fan.

    Judge Sotomayor, in her testimony yesterday, asserted that “Few judges could claim they love baseball more than I do” and that she “grew up … watching baseball.” But a March 28, 1995, story in USA Today, titled “U.S. District judge not a baseball fan,” stated that Sotomayor “grew up a few miles from Yankee Stadium but says she knows little about the sport.” And yesterday she said that “many residents of Washington, D.C. have asked me to look at the Senators” as her new team. But as even a casual baseball fan would know, the D.C. team is the Nationals, not the Senators.

    Comment by V the K — July 15, 2009 @ 4:10 pm - July 15, 2009

  11. The Senators were a DC team that played (most recently) from 1961-1971 and became the Texas Rangers. It was also a pro football team from 1921-1922.

    I knew that and I’m an extremely casual Astros fan.

    Comment by ThatGayConservative — July 15, 2009 @ 4:54 pm - July 15, 2009

  12. Whites Reverse Sotomayor quote to read “White Males make better decisions…”
    Parade around Spanish Harlem. Latinas Declare Quote Racist in this video

    Comment by James O'Keefe — July 15, 2009 @ 5:34 pm - July 15, 2009

  13. Paul, let’s also note that the Instapundit has gone on record as considering Roe v. Wade as good law. Me, I still find that a tad difficult to choke down, but the Prof says so, I’ll listen to him. 🙂

    Still, it’s a good question: when do you overturn established law? Phrased that way, neither Roberts nor Alito have covered themselves with glory, as they tend to rely upon stare decisis as well.

    Comment by Casey — July 16, 2009 @ 1:43 am - July 16, 2009

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