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God's Politics

Judge Sotomayor’s Nomination

by Jim Wallis 05-26-2009

This morning I was touched and blessed by the tears of a Puerto Rican immigrant grandmother. She came to the U.S. in the midst of World War II and served in the Women’s Auxiliary Corps during the war. Her husband died while her children were young, and she worked hard as a nurse to raise her two children in a South Bronx housing project in New York City. She instilled in her children a belief in the power and importance of education, and her son, Juan, went on to graduate from medical school and is now a physician in Syracuse, New York.

Her daughter, Sonia, was high school class valedictorian, graduated from Princeton and then from Yale Law School. Today, a mother’s tears told volumes of an American story as her daughter, Judge Sonia Sotomayor, was nominated to become the first Latina justice for the U.S. Supreme Court.

Her story and rise through the judicial system are powerful examples of an American story. She will bring more federal judicial experience to the court than any justice in 100 years. Originally nominated to the District Court for the Southern District of New York by President George H.W. Bush, and then later to the Second Circuit Court by President Bill Clinton, she has received bipartisan support from politicians and bipartisan praise from her peers.

For those who have been looking for more evidence of President Obama’s common-ground approach to the issue of abortion outlined last week at Notre Dame, here it is. As a judge, she has participated in more than 3,000 panel decisions and authored almost 400 opinions and only ruled once on the issue of abortion. In that case she wrote from a centrist position and ruled against a pro-choice organization. Many other possible nominations could have been a slap in the face to either side, but the president used this as an opportunity to further his common-ground approach.

But her nomination process should be about much more than abortion. The country has spent too much time reducing the Supreme Court to a proxy battle over just one issue. Issues of human rights, executive power, civil liberties, racial justice, environmental protection, and other pressing issues of our time are at stake. Judge Sotomayor has already shown strong support for racial equality. Groups on both sides have used judicial nominations as an opportunity for fundraising appeals while progress is waiting to be made on actually reducing the number of abortions.

In leaked talking points from the Republican National Committee, party members were asked to be “fair” and to avoid “partisanship and knee-jerk judgments.” I certainly hope this is true — in contrast to early reports that Republican leaders had been hoping to use any nominee for partisan ends.

The religious community should be encouraged to see the nomination of a judge with a strong history of upholding and interpreting the Free Exercise and Free Speech Clauses of the Constitution to ensure religious liberties while still respecting the Establishment Clause. She has protected the rights of a rabbi to display a menorah on public property and in favor of inmates’ religious expression. In one case that is of particular interest to those concerned with religious hiring protections, she wrote a dissenting opinion that argued against undue government intrusion into religious matters and institutions. She wrote in her opinion, “Federal court entanglement in matters as fundamental as a religious institution’s selection or dismissal of its spiritual leaders risks an unconstitutional trespass on the most spiritually intimate ground of a religious community’s existence.”

Over the course of the coming weeks, the U.S. Senate will review Judge Sotomayor’s record and credentials and seek to understand her judicial philosophy. I pray for the wisdom of our elected officials and for a healthy process in which tough questions can be asked and answered. There are good Christians who will agree and disagree on her nomination, but we can all be impressed and encouraged by the answered prayers and dreams of an immigrant grandmother from Puerto Rico.

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  • ourfoundingtruth
    The religious community should be encouraged to see the nomination of a judge with a strong history of upholding and interpreting the Free Exercise and Free Speech Clauses of the Constitution to ensure religious liberties while still respecting the Establishment Clause.>

    How has this woman respected the establishment clause, and what does that have to do with her rulings blatantly violating the Law of Nature, thereby the Constitution?

    But her nomination process should be about much more than abortion.>

    What is more important than prohibiting the death of babies? The scriptures are clear; life begins at conception, Jesus, and the Constitution, affirming it. The Constitution is founded on Natural Law., so when the preamble says "life" it means at conception.
  • letjusticerolldown
    I am really glad that on the day Obama announced his selection that Mr. Wallis had the time to run over to the library and research the life and 3000 rulings of the Judge so he could make a prompt report to us affirming Mr. Obama's faithful service. Fast research!!!!!!!
  • SisterMarie
    "I am really glad that on the day Obama announced his selection that Mr. Wallis had the time to run over to the library..."

    That's the kind of snide remark that I have come to expect from you. Anyone with half a brain was well aware of the short list of names that have been bandied about since Justice Souter announced his decision to retire. Judge Sotomayor was high on that list and anyone who was interested had plenty of time to research the judicial history of each of them. So in response to your sarcastic remark, "Fast Research" , my response is no, it was not fast research
  • ando
    Or, it could be that since Mr. Wallis is to Barack Obama, as James Dobson was to George W. Bush, Jim had the inside track to the decision.

    Your sarcasm and bitterness is getting a little over the top. Perhaps one day you'll have something pertinent to say.
  • Speak for yourself.
  • SisterMarie
    Just allow me to get this straight. Souter announced his retirement on May 1. The same day Sotomayor's name was advanced (see N.Y. Daily News) as a possible replacement. During the 25 day interval between May 1 and yesterday, there have been literally hundreds of newspaper articles and computer blogs regarding her possible nomination.

    So on the day that the President actually announces her selection and which Jim Wallis publishes a web entry supporting her selection, you accuse him of having an "inside track" or of doing "fast research." You offer absolutely zero evidence for either of these accusations and when I suggest that there are plenty of other sources that Wallis could have obtained his information about Sotomayor, you have the nerve to suggest that I am responding with sarcasm and bitterness.

    If you really believe that blog that you submitted, why don't you get ahold of one of your right-wing senators and have him subpoena Jim Wallis and ask him to testify during the confirmation hearing about any advice he may or may not have given the president regarding his selection of Sotomayor?

    So when one of you right-wingers makes a totally unsubstantiated accusation, that is OK. But let someone call you on it, and that is sarcasm and bitterness.
  • ando
    I voted for Obama. Both of my senators are Democrats. Oops!

    Nice language, though. My eighth grade teacher told us that people curse because they either don't have the ability to use more appropriate language, or they don't feel so good about themselves.
  • letjusticerolldown
    I certainly admit my words can be snide and I seek to not do so. The comment was meant to bite a bit--but it does not come without love. I fully respect Mr Wallis but his proximity to Mr Obama has resulted in a series of posts here, that if you have not noticed, pop up almost immediately upon the action/decision/announcement made by the administration; and don't read anything like what I might expect from a non-partisan prophetic voice.

    The 'snide' was not meant as 'snide' but as "I really don't buy it." I question if Mr Wallis even does the primary writing for these kinds of posts. I just have trouble hearing his voice it them.
  • letjusticerolldown
    That is a really wise and loving response.

    I always wanted someone to respond to me like that. I like this feature of conversing with myself!

    Actually, I thought I'd back off my criticism. I think Jim W is carving out a different kind of relationship with this administration. I would like to hear him reflect more about that. Right or wrong, the way I hear him is different. I have expected Sojo and him to help facilitate a non-partisan, critically reflective dialogue. I think they have shifted away from that goal and just believe their best political engagement is to actively advocate the Administration position and power.

    From this corner of the world it looks like the "God is not a Republican or Democrat" campaign was somewhat as the critics described--an attempt by Democrats to go after faith-motivated voters to gain power.

    But I do not know these things. The Lord is more than a capable judge.

    It looks to me like there is more prayer going on in DC these days--but more along partisan lines than ever. I hope this not to be the case.
  • I don't see it that way. From the start the right wanted to put everyone else out of business, and it was so hyper-partisan that anyone who differed from it looked like a left-winger. The discourse has been so poisoned that it's going to take a lot of time before the true center shows up. (You know its bad when people start calling Ron Sider a socialist.)
  • jesse3
    Wallis is obviously a very fast reader. Remember when he read through the entire ARRA and Obama budget before deciding he was in favor of both?
  • letjusticerolldown
    "Issues of human rights, executive power, civil liberties, racial justice, environmental protection, and other pressing issues of our time are at stake."

    Yes, it does seem the Congress may need to legislate in these areas; and the Executive will need to administer these laws and regulations.

    I would prefer the Court attend to the Constitution and legal rulings.

    And of course abortion should be addressed in our conversations with our neighbors.
  • Whatever the case with Sotomayor, I hope she respects her oath to protect and defend the Constitution. That's what we should ask for, and it's what we should feel confident she will do.
  • jesse3
    "Originally nominated to the District Court for the Southern District of New York by President George H.W. Bush, and then later to the Second Circuit Court by President Bill Clinton, she has received bipartisan support from politicians and bipartisan praise from her peers."
    --This has become a Democratic talking point, but you know by now that Bush Sr. didn't nominate her. She was nominated as part of a deal worked out between the two NY senators.

    Her nomination is most certainly a crass political move to 1) appoint a woman and 2) appoint an Hispanic to the bench. She is widely thought of as being the most liberal of Obama's short list of nominees.

    Jim, you've said on several occasions that Christians should not be in any politician's or party's pocket. Since Obama was elected, you have publicly endorsed, championed, and praised his every speech and policy proposal. Yet you have criticized nothing.

    If this isn't being in Obama's pocket, what is?? Do you ever plan on criticizing anything that he does?
  • mscynthia
    She is actually one of the more conservative people on the list.
    If you were listening you would have heard that the list was much longer, filled with quite capable and amply talented people who had never been considered before.
    ????
    This is the first time we have elected a president who has an adequate education concerning constitutional law to do the personnel task of finding qualified judges.
  • 1Grace
    "This has become a Democratic talking point, but you know by now that Bush Sr. didn't nominate her. She was nominated as part of a deal worked out between the two NY senators. "

    Jesse Thank you for your presence here . You keep us honest . Would it not be great to have even a progressive Evangelical site not be limited to cheer leading. I believe that was the point of LetJusticerolldown comments . That regardless if it is Notre Dame, Budget, anything , President Obama gets a job well done . As though being critical or waiting for all the details is "against" anyone . As though even if you agree with a person's philosophy in general he can not make a mistake or the fact he is surrounded by advisor's that do not have the interest that Evangelicals may have he still gets a blank check for support and for the democratic party . Unless its the religious right or past political figures , you don't see much intellectual discussion about the issues here anymore. Since the democrats have taken complete control , its been bunker down , defend the troops at all costs and oh yeah we love Jesus.

    Went from Bush could do no wrong to Obama can do no wrong . From a Christian perspective , you would think their would be so much more common ground on finding support and disagreement fro both political parties.
  • letjusticerolldown
    A common ground I would like is a common sense common ground about money. Pay for what you buy with money you have.

    By baby-boom generation is at its highest income/productivity years (and is starting to ease past them)--the largest societal demographic bubble we have experienced. The children whose parents showed great sacrifice. And in the midst of our highest capacity to produce--we drive our families and nation into a financial abyss??????

    How can any of us stand up and start pointing fingers?? "Yes grandchildren. Back in the good ole days we opposed makin' war anymore. We rejected our parent's stern and frugal lives. We drilled, we paved, we ran over authority, we bought, we partied--and we drove off the cliff. Sorry!!"

    This President rightfully is pushing issues out on the table and kicking us in the behind to be responsible. He needs to be opposed in expecting the government to resolve all the issues. But it is the fact we all drove this thing off the cliff that the door was opened for massive government.

    I think the common ground needs first be defined by a people with humility, sorrow and repentance before each other and God.

    I am fully sorry for allowing my words to be offensive.
  • 1Grace
    I accept your apology , but I did not find your words offensive . I totally agree with pay as you go ,,common sense . The Bush Administration sure made a mess of common sense . But saying that when I apply say the same common sense to what is going on now, their appears to be a defensive mechanism that goes up because of political alliances . The belief government has the solution is an idol worship to me, but saying that is offensive to the left sided of the political compass.

    My attempt at a point was we should have a bond as believers that goes beyond politics. But we do not seem to have one .
  • letjusticerolldown
    I really do feel a bond because I do not think it possible for one person or one church or one nation to fully express the breadth and depth and beauty of God. So much of life is a paradox and there is not anyway to grasp it ouside of people living on both sides of the paradox and in relationship with each other coming to a broader understanding. When I lack something that you have, and you faithfully contribute it to me, not only do I benefit but you benefit by seeing how God uses you and what He has and has not entrusted to you.

    How much would shift if I assumed that the ways you differ with me is a gift to be added to me rather than a difference for me to conquer or correct?
  • SisterMarie
    "This has become a Democratic talking point, but you know by now that Bush Sr. didn't nominate her. She was nominated as part of a deal worked out between the two NY senators."

    This statement is not true and you are smart enough to know that it was not true when you wrote it. According to the Constitution, senators do not and cannot nominate men and women to Federal Courts. That is a function that is limited to the executive and specifically the president. He may consult with his advisors in the executive branch and he may even consult with the senators who represent the state in which the nominee will preside. In fact, in this case, he did consult with both Senator Patrick Moynihan (D) and Senator d'Amato (R). President Bush was not obligated to concur with their recommendation. The nomination was his sole responsibility.

    I would suggest that you be more careful before advancing an argument that is not true. (Or you could stop taking everything that Rush says as gospel.)

    Q: Who appoints federal judges?

    Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution. The names of potential nominees often are recommended by senators or sometimes members of the House who are of the President's political party. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Article III of the Constitution states that these judicial officers are appointed for a life term.
  • jesse3
    Marie,
    You know what I meant. Wallis made it sound like Bush chose her. He didn't. She was nominated as part of a deal between the two NY senators. Moynihan chose her.
  • SisterMarie
    I'm surprised that when you are caught writing something that is untrue, that you insist on perpetuating the lie rather than using the opportunity to correct your words. How sad, but how typical of the Right.
  • jesse3
    SisterMarie,
    Ok...for the record: Bush officially nominated her and I misspoke when I said he didn't. Technically, however, he nominated but did not choose her. She was chosen by a Democratic senator as part of an agreement between the NY senators. Her nomination, then, was purely political and was part of an arrangement that preceded Bush and was made in the context of a Democratic controlled congress. She was never someone with "bi-partisan support," as Wallis claimed.

    Exit question: if a conservative judge were nominated under similar circumstances by a Democratic president and conservatives claimed that the judge had "bi-partisan support," do you really think liberals wouldn't cry foul??
  • SisterMarie
    "She was never someone with "bi-partisan support," as Wallis claimed."

    Fact: Sotomayor was unanimously confirmed to the U.S. District Court in 1992 by a Senate that included 56 Democrats and 44 Republicans.

    Fact: Sotomayor was confirmed for her present position by a Senate that included 55 Republicans and 45 Democrats. The vote was 67-29. All Democrats and 25 Republicans supported her. Of the 29 Republicans who opposed her, 11 are still in the Senate.

    Yes, jeffp, I know that presenting facts in the place of unsubstantiated allegations once more places me "over the top." But I still prefer facts.
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