Wednesday, May 27, 2009

* * * Top Republican undermines attack on Sotomayor by admitting courts make laws

By David Edwards and John Byrne The top Republican on the Senate Judiciary Committee appears to have undermined a key argument leveled by Republicans against Obama’s Supreme Court nominee.

Namely, he said that the Supreme Court “sets the law” — and in effect legislates from the bench. Republicans have previously used assertions that judges shouldn’t take activist stances, and should cleave closely to established law.

“She does have to answer some questions and we should not confirm somebody to the Supreme Court that will allow political, personal or emotional issues to influence the decision making,” ranking Judiciary Committee Sen. Jeff Sessions (R-AL) quipped Wednesday on MSBNC. “This is the Supreme Court of the United States. It sets the law for America.”

Critics of Sonia Sotomayor, whom Obama selected as his nominee to place retiring Justice David Souter, point to a YouTube clip in which she declared that appeals courts “set policy.”

Added Sessions: “I think we’re going to treat the nominee very well and fairly. I hope when it’s over, Joe, that the American people would say this is the best, most rigorous, fair hearing they’ve seen. We have a responsibility to do that. And, of course, with [Sen] Chuck Schumer (D-NY) there defending her she’s going to be well defended.”

This video is from MSNBC’s Morning Joe, broadcast May 26, 2009.

Download video via RawReplay.com

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