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  • Rule of Law

    Restore the courts to their constitutional role which is to apply the laws as written, to protect individual rights, and to enforce constitutional limits on government.

    “Not Our First Choice”: How Sotomayor Landed on the Bench

    A constant refrain among defenders of Judge Sonia Sotomayor is that she is actually moderate. Ignore her insensitive statements suggesting that there could be physiological differences between ethnicities which contribute to “differences in logic and reasoning.” Ignore her lightly mocking the idea that judges don’t “make law.” Ignore her dismissing … More

    Depends on What Your Definition of ‘Advice and Consent’ Is

    There are some who believe that the president, having won the election, should have complete authority to appoint his nominee and the Senate should only examine whether the justice is intellectually capable and an all-around good guy; that once you get beyond intellect and personal character, there should be no … More

    Sonia Sotomayor’s Second Amendment Problem

    Heritage Senate Relations Director Brian Darling notes: President Obama’s nominee to the U.S. Supreme Court, 2nd Circuit Judge Sonia Sotomayor, owes the American people an explanation on her view of the Second Amendment. Most nominees come before the Senate Judiciary Committee and refuse to answer questions about hot-button issues such … More

    Obama’s Broken Transparency Promise: Government Motors Edition

    Despite his many promises to the contrary, President Barack Obama has repeatedly failed to bring transparency to the federal government. That failure now continues with the Obama administration’s nationalization of General Motors. The Detroit Free Press reports: A day after filing for a bankruptcy reorganization that will be largely financed … More

    Denying the Second Amendment Rights of Americans – Another Bad Decision by Judge Sotomayor

    When the Supreme Court decided the Heller case last year striking down the District of Columbia’s handgun ban, it recognized that the Second Amendment confers an individual right to bear arms. However, because the case arose out of Washington, which is a federal district under our Constitution, the Court did … More

    Remember Estrada

    Do you remember Miguel Estrada? Back in 2001, Miguel Estrada was a nominee for the United Court of Appeals for the DC Circuit. Unfortunately, Miguel Estrada never became a judge. His crime? He was a Latino Republican who liberals believed was on the fast-track for the Supreme Court. Despite graduating … More

    “What’s an empathetic judge to do?”

    Heritage fellow Robert Alt writes in U.S. News: My late constitutional law professor once offered the following hypothetical about a fishing dispute that made its way to court. On one side were Native Americans; on the other, environmentalists. After a pregnant pause, he mused: “What’s a liberal to do?” Were … More

    Felon Voting: Another Troubling Sotomayor Decision

    One of the biggest annoyances to the Left in recent years has been the Constitutional right of states to prohibit felons from voting. They have filed lawsuit after lawsuit (unsuccessfully) under the Voting Rights Act trying to overturn these laws. Fortunately, except for the Ninth Circuit (as usual), other circuit … More

    Sotomayor: Court Jester or Judge as King?

    Walter Olson recently expressed some discontent over the hullabaloo raised by his conservative allies concerning the now infamous Sotomayor “where policy is made” YouTube video. He states: Some conservatives keep publicizing a YouTube clip where she confides to a panel-discussion audience that appeals courts are “where policy is made.” Sorry, … More

    Don’t Forget Sotomayor’s “Inherent Physiological or Cultural Differences”

    Dana Milbank has dubbed them Sotomayor’s “32 words.” And apparently White House press secretary Bob Gibbs “wasn’t prepared” to explain them. Which words are those: I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a … More