Tuesday, May 26, 2009

Where Is Sotomayor On Abortion?

There seems to be some question:
On the crucial issue of abortion, however, Sotomayor—a U.S. appeals court judge who previously served as a federal district judge—is largely a blank slate. "Sotomayor has never directly decided whether a law regulating abortion was constitutional," according to a recent Americans United for Life analysis.

Despite the purported outrage by conservative groups, Sotomayor's thin record on abortion is most likely a relief to those groups—and may actually wind up making abortion-rights groups anxious. In light of today's AUL statement, for instance, it may come as a surprise that Sotomayor receives the kindest treatment of nine potential Obama Supreme Court nominations the group examined.

AUL notes that Sotomayor upheld a ban on federal funds going to abortion providers overseas. "The Supreme Court has made clear that the government is free to favor the antiabortion position over the pro-choice position, and can do so with public funds," Sotomayor wrote in the decision. She has also ruled in favor of antiabortion protesters who sued West Hartford, Conn., claiming that police there used excessive force against them at a demonstration.
If this woman is confirmed to the Court and casts the deciding vote to overturn Roe, I'm going to owe some kind of apology to Catholic Obama supporters. It is one I would gladly render.

Anyone care to predict that that's what will happen?

9 comments:

Ori Pomerantz said...

Anyone care to predict that that's what will happen? As soon as Osama bin Laden accepts a commission from your former(1) service so he can command a squadron of USAF flying pigs on a humanitarian mission to deliver suddenly needed antifreeze to hell.

More seriously, it would probably take a miracle. Obama wouldn't nominate a justice he didn't believe would agree with a key point of his agenda. But we already knew that.

(1) I assume it's former, since you were enlisted. If you are still in the reserves, I apologize.

Paul, just this guy, you know? said...

I assume it's former, since you were enlisted. If you are still in the reserves, I apologize.

Even if I were still in the reserves, which I am not, no apology would be necessary.

Jay Anderson said...

Chances are she's a conventional liberal that would vote to uphold Roe v. Wade.

On the other hand, if she's not dogmatic on the issue, maybe she could "grow" in the rightward direction and become the deciding vote to overturn Roe, or perhaps become a swing vote like Kennedy in allowing certain restrictions that are currently outlawed by the Court's precedence.

In that instance, I, too, would gladly issue an apology to the Catholic supporters of Obama. I'll pray for that to happen, but I won't hold my breath waiting for that unlikely result.

LarryD said...

The only court case she ruled on regarding abortion had to do with the Mexico City policy during Bush 43. I heard about it on "Kresta in the Afternoon" Catholic radio this afternoon. I'm sure he has info about it on his site http://www.krestaintheafternoon.blogspot.com.

Anonymous said...

Fox bio story:

"In 2002, she ruled against an abortion rights group that claimed the so-called "Mexico City Policy" -- which prohibited U.S. funding from going to foreign groups performing or supporting abortion services -- was a violation of the First Amendment and other rights.

The government is "free to favor the anti-abortion position over the pro-choice position," she held.

In another 2004 case, Sotomayor's opinion ruled in favor of anti-abortion protesters who claimed a town had improperly trained officers who allegedly used excessive force in arresting them. Plus she has sided against minority plaintiffs who brought discrimination cases to her court."

http://www.foxnews.com/politics/2009/05/26/sotomayors-judicial-record-battlefield-critics-advocates/

Paul, just this guy, you know? said...

Yes, those cases are mentioned in the original post.

Chelsea said...

NARAL is also unsure of her abortion stance and is so far holding their endorsement - for now: http://catholickey.blogspot.com/2009/05/naral-wants-answers-on-sotomayor.html

TX Daddy said...

I vaguely remember something from a government class. Like one of the justices was put in by a conservative president and since then has judged more along liberal lines. Maybe Rehnquist by Pres. Reagan.

God willing the reverse will happen.

Paul, just this guy, you know? said...

I believe you're thinking of Justice Breyer, whom Judge Sotomayor has been nominated to replace. Breyer was appointed by Bush 41.

Or maybe you're thinking of Justice Kennedy, appointed by President Reagan. Another disappointment.