Posted by Jonathan Adler:
Cornyn: A Confirmation Conversion?
http://volokh.com/archives/archive_2009_07_12-2009_07_18.shtml#1247764156
From [1]Senator Cornyn's questioning of Judge Sonia Sotomayor today:
the purpose of these hearings is -- as you've gone through these
tedious rounds of questioning, is to allow us to clear up any
confusion about your record and about your judicial philosophy, yet
so far I find there's still some confusion.
For example, in 1996, you said the idea of a stable, quote,
"capital L Law" was a public myth. This week, you said that
fidelity to the law is your only concern.
In 1996, you argued that indefiniteness in the law was a good thing
because it allowed judges to change the law. Today you
characterized that argument as being only that ambiguity can't
exist and that it is Congress's job to change the law.
In 2001, you said that innate physiological differences of judges
would or could impact their decisions. Yesterday, you characterized
that argument as being only that innate physiological differences
of litigants could change decisions. In 2001, you disagreed
explicitly with Justice O'Connor's view of whether a wise man and
wise woman would reach the same decision. Yet, during these
hearings, you characterized your argument as being that you agreed
with her.
A few weeks ago, in your speech on foreign law to the American
Civil Liberties Union, you rejected the approach of Justices Alito
and Thomas with regard to foreign law, and yet it seems to me,
during these hearings, you have agreed with them.
So, Judge, what should I tell my constituents who are watching
these hearings and saying to themselves, "In Berkeley and other
places around the country, she says one thing, but at these
hearings, you are saying something which sounds contradictory, if
not diametrically opposed, to some of the things you've said in
speeches around the country"?
References
1.
http://www.washingtonpost.com/wp-dyn/content/article/2009/07/16/AR2009071601817.html
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