Yet in just one series of questions concerning ,”abortion rights, ” this liberal judge revealed her true and absolute left leaning as she answered. She followed the usual liberal argument concerning abortion by referring to the 14th Amendment, “right to privacy,” clause which was the basis of the 1973 court ruling in the well known case of Roe v Wade.
Then she continued with the liberal mantra that because of Roe v Wade she considers abortion rights, “settled law.” So I ask Judge Sotomayor the same thing I would ask ANY liberal stating that abortion is a settled law, “show me the law !” Her liberal argument about abortion being a legal legislated right is the same false argument that has kept abortion as a functioning problem since the 1973 ruling.
Roe v Wade was a court ruling by nine SCOTUS Justices which ONLY over turned all existing state abortion laws PRIOR to the 1973 ruling. Since the Roe v Wade ruling by the court the legislative branch, which Constitutionally is the only government entity which has the legal authority to create , “law,” has only passed one legislative initiative concerning abortion on the federal level and that happened in 2003 when Congress passed the ban on partial birth abortion which was challenged and the upheld by the SCOTUS in 2007.
That is the ONLY, “law,” passed by the legislative branch which on the federal level constitutes any illegal or legal action concerning abortion. There are other laws that deal with abortion but all other existing laws are at the state level and as such apply only to that particular state. Federally the partial birth ban is the only national law concerning abortion.
Sotomayor in her answer that she considered abortion ,”settled law,” also revealed her true belief that courts make law. Roe v Wade was a court DECISION and did not make ANY law but only over turned all existing laws at the time of the decision. So according to Sotomayor because of that DECISION, abortion is a legal right sanctioned by law created by the courts and NOT the legislature. A belief that is completely unconstitutional since laws are ONLY created by the legislature.
While I believe that Sotomayor will be confirmed since those who oppose her are in the minority and liberals who agree with her have more than enough votes to confirm her appointment, any illusion that she is not liberal or will be a Judge who follows a strict adherence to the Constitution should not only be put to rest but understood that her idea of the responsibility of a Justice is to make law and not just enforce it. She is an activist Judge and will remain so as a Justice of The Supreme Court.
Ken Taylor The Liberal Lie, The Conservative Truth