The Bias Construct

Recent public conversations about the political nature of Supreme Court appointments, has surfaced again. No matter who is proposed, if they’ve lived, worked, met, and offered numerous legal opinions, any nominee is going to have opinions on key issues of their day.

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United States Supreme Court Building

Such confusion and double-talk exists in our public-politic, it’s amazing that anyone can be appointed. In a recent public speaking engagement at University of California, Berkeley, U.S. Supreme Court Justice Sonia Sotomayor had this to say.

“I’m saddened to see that many people have lost confidence in judges and believe they are political.”

Sotomayor made the comments while taking questions from law students. The school’s interim law school dean, Melissa Murray, served as Sotomayor’s clerk when the justice was a federal appellate court judge.

Sotomayor said judges try to be fair and impartial and don’t have rigid beliefs they apply to every case. She encouraged people to view judges as “human beings who care deeply about what we’re doing.”

This is an interesting response, considering her words elsewhere.

Sotomayor, spoke at the University of Minnesota on October 19, 2016, commenting that the Supreme Court was designed to have nine justices so it can break ties on difficult cases.

“We try to come to decision-making as best as we can,” she said. “Where we can find a very, very narrow way of deciding a case, we use it.”

Sotomayor compared Scalia’s death to the loss of a family member despite their differences.

“There are things he’s said on the bench where if I had a baseball bat, I might have used it,” she said.

Enter the new nominee Neil Gorsuch. There’s a leading headline in Rueters describing, “ideological balance at stake in confirmation fight” . Of course the usual politicos, Democratic leader Chuck Schumer, and Democrat Dianne Feinstein, are leading the opposition to his appointment along ideological lines. The Rueters article describes some of the opposition rational as to why he shouldn’t be appointed.

It’s a good thing Supreme Court judges are fair and impartial and don’t have rigid beliefs.

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Neil Gorsuch – Supreme Court nominee

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