During her confirmation hearing, now Justice Sonia Sotomayor remarked that the United States Supreme Court would benefit from having a “wise Latina” (referring to herself) on it. This allusion that racial considerations would significantly influence her opinions should have disqualified her. Instead, it had the intended effect; warning the senators of the racist and sexist allegations that would plague their next reelection bid if she was not confirmed; effectively bullying her way onto the court. However, her current rebuke of the court’s refusal to insinuate itself into state affairs is testament to her incompetence to sit on the court; and the imprudence of affirmative action appointments.
She alleges that a Texas abortion law contravenes women’s constitutional rights; alluding to the Roe v Wade decision; which is patently a visceral and unfounded assertion; obvious to any learned jurist.
First of all there is no provision in the United States Constitution for any court decision to be tantamount to legislation nor a constitutional amendment. Second the Tenth Amendment to the Constitution clearly places abortion within the purview of the respective states. Then Section 34 of The Judiciary Act Instructs the court to give deference to state law which does not patently contravene the Constitution. There is no constitutional provision for the court nor congress to invalidate duly enacted state legislation nor usurp the state’s Tenth Amendment right.
Sotomayor also alleges that the law deprives women of their right to choose; also untrue. Women can choose whether or not to engage in unprotected sex; use the so called Plan B post coital remedy; routinely use home pregnancy tests to detect an unwanted pregnancy before the six week limitation imposed by the law. Making the right choice would preclude the need for an abortion rendering the law moot.
If Sotomayor was as “wise” as she purported herself to be she would have joined the majority in affirming that it is not a function of the court to intervene in any state’s legislative process.
thepundit456 