President Barack Obama’s nomination of federal appellate Judge Sonia Sotomayor to the Supreme Court of the United States on Tuesday created a divide in the MSU community, with some praising the nomination and others questioning Obama’s choice.
If chosen, Sotomayor would be the nation’s first Hispanic justice to sit on the court. She served for more than a decade on the U.S. Court of Appeals for the Second Circuit in New York City. Sotomayor, who was raised by Puerto Rican parents in a Bronx housing project, would become the 111th justice for the nation, replacing Justice David H. Souter.
Some members of the MSU faculty said the nomination is a result of Sotomayor’s upbringing and race.
“I think it looks like President Obama wanted to concentrate on choosing a Hispanic and a woman,” MSU law professor and constitutional law expert Brian Kalt said. “I think that if he had not focused on those two things as much, he would have chosen someone who would have been a better judge in advancing the causes he believes in.”
Others blame the media for focusing on Sotomayor’s gender, which could take away from her skills as a judge.
“Those are the factors I think are important to the media and individuals who are looking for that,” MSU law professor and Supreme Court expert Frank S. Ravitch said. “At the same time, she is qualified regardless of those things.”
Although some wondered whether Sotomayor was a good choice, others said her experiences in the past and struggles she has been through might make her a perfect nomination.
“I think that in order to be an effective justice, you have to have a connection to the American people,” said Mitchell Rivard, president of the MSU College Democrats. “And she is the epitome of that.”
Sotomayor’s background in trial court makes her a good candidate, Ravitch said.
For others, her background does not set her apart from other nominees.
“I think that her record on the Second Circuit Court has been of someone who is competent, but not distinguished,” Kalt said.
Obama should not rely on background information when choosing nominees, said Louie Glinzak, chair of the MSU College Republicans.
“She does have an inspiring story,” Glinzak said. “What you have done in the past as a justice should be the reason why you’re nominated, not because of her background.”
The dynamics of the Supreme Court are sure to change with the nomination, said Richard Friedman, a University of Michigan law professor, who specializes in Supreme Court issues.
“Every new nomination changes the dynamics,” Friedman said. “There are only nine members, and it’s a small court, so you have one voice missing and a new one to be heard.”
The U.S. Senate Judiciary Committee will schedule hearings for Sotomayor and decide whether to confirm her by the time the Supreme Court opens its new term in October, Friedman said.
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