Ability, not gender, should be focus, local attorney says
The nomination of Sonia Sotomayor for the U.S. Supreme Court has pleased at least one local attorney.
Ms. Sotomayor is a woman and the first Hispanic nominated for the court, but Pam Cone is pleased about another characteristic.
“She seems to have some very good credentials as a judge,” said Ms. Cone, a St. Joseph lawyer. “Within the profession, it’s not so much about gender, but have they been a good and capable judge. Hopefully that will be the focus.”
The high court will have an opening with the retirement of Justice David Souter. President Obama’s nomination would have been more surprising if he had not chosen a woman, said Dr. Richard Fulton, a political science professor at Northwest Missouri State University.
“She fits two bills for him,” said Dr. Fulton.
Dr. Fulton said he expects Ms. Sotomayor’s nomination to face intense scrutiny at the committee level, then move quickly in the full vote by the Senate. He noted that Supreme Court justices have received more attention since the court started tackling social issues, starting with racial discrimination in the 1950s.
“Society has gotten more complex,” he said. “We’re a society who demands a lot of government, therefore you need the referee of the courts and you care who’s on the court.”
How Ms. Sotomayor’s background — growing up in the Bronx as the child of immigrants — will influence her rulings will likely be debated as she faces Senate approval.
“We all bring to the decision-making process who we are and where we’re from,” Ms. Cone said.
She noted that when trial lawyers interview potential jury members, they consider their background.
Dr. Fulton said both liberals and conservatives accuse judges of legislating from the bench when a decision is made with which they disagree, but judges must make controversial decisions.
“When you have to interpret the Constitution, which is written broadly, you do have to bring something to it,” Dr. Fulton said.
Susan Mires can be reached at susanm@npgco.com.