The Paradox of Sonia Sotomayor

Since the nomination of Judge Sonia Sotomayor to fill the position of Justice David Souter, many of us have wondered who she really is and how she will rule once she in confirmed to the court. As with many of the recent confirmations, the most politically and emotionally charged issue is abortion.

Yesterday, Sotomayor, was quoted by Democrat Senators as saying that Roe v. Wade is established law. Certainly this is what she needs to say to get through the confirmation process. But I still wonder exactly where she stands and how she might rule in cases that might chip away at one of the most controversial cases of the prior century. Although while on the lower court she has not ruled on the abortion issue directly, she has shown some restraint and thoughtfulness when addressing related issues.

It sets up an interesting paradox. I would suggest that if Republicans are really interested in pro-life results, Sotomayor would be “as good as it gets” relating to appointments from the Obama Administration. Thus, we should expect some conservative critics to “go silent” if they are clever. Newt Gingrich and Rush Limbaugh have already started backing down the rhetoric.

Likewise, some pro-choice supporters may lose the enthusiasm that we would normally hear for a Democratic nominee. I suspect that privately there is disappointment that the nominee doesn’t have a more activist paper trail on the abortion issue.

If or when she is confirmed, she will be sixth of the nine active Supreme Court Justices who are Roman Catholic. Currently the court has five Roman Catholic Judges, Samuel Alito, Anthony M. Kennedy, Antonin Scalia, Clarence Thomas and the new chief justice, John G. Roberts Jr. Judge Sonia Sotomayor would be the sixth, which is an unprecedented dominance by any minority group. Again, the irony is that even this Catholic bloc, doesn’t stand together on the abortion issue even though Catholic teaching allows little departure from it’s pro-life position.

Could Sotomayor hold unspoken pro-life sentiments? Only time will tell. After all, she is replacing Justice David Souter, who disappointed the pro-life supporters when President George H. W. Bush appointed him in 1990.