Hard to say.
Hard to predict how she would tend to lean in First Amendment cases. But, personally, I like unpredictably in a judge. A judge who's truly seeking an impartial, thoughtful judgment ought not be predictable beyond that characteristic. In that regard, judges share a characteristic of great journalism pros -- they're looking for truth, not grist for an agenda or a bully pulpit for a personal view.
We get some interesting background details about Sotomayor from the White House news release about her but no analysis of her tendencies regarding First Amendment issues.
However, the AP and First Amendment Center staffers teamed up to put together a good look at some of Judge Sotomayor's involvements in First Amendment matters. Read it here.
As they note:
"WASHINGTON — In more than 16 years as a federal judge, Sonia Sotomayor has often sided with people claiming discrimination in education and employment. She's backed police and prosecutors over defendants. She's upheld assertions of free speech and religion.
"Not easily pigeonholed, Sotomayor has also been part of rulings that go the other way. In general, her rulings as a trial judge for six years and then as a 2nd U.S. Circuit Court of Appeals court judge since 1998 are in line with the liberal-leaning views of Justice David Souter, the man President Barack Obama has nominated her to replace. ...
"An initial look at Sotomayor’s record on First Amendment cases gives free-expression and religious-liberty advocates reason for both concern and support."
No one can accurately predict her tendencies other than her open-mindedness? Cool. Yes? No? What do you think?
Frankly, I find the entire Supreme Court model fascinating particularly in regards to First Amendment issues that tend to be most interesting to me. I have not heard one way or another on tendencies that gives validity to either argument for or against her approval. It will be interesting to watch this play out. And for the record, it's cool with me that so far she can't be pigeon-holed. We couldn't/wouldn't say the same thing for the previous two appointees.
Posted by: Richie Escovedo | May 27, 2009 at 11:25 PM