Tom Goldstein: Sotomayor isn't "driven in any respect by a broader pro-choice or pro-life ideology"

[usregimechange]

Judge Sotomayor also has opinions on both sides of issues relating to abortion protesters. She twice wrote opinions reinstating a civil rights suit alleging that police used excessive force in removing anti-abortion protesters: Amnesty America v. Town of West Hartford, 361 F.3d 113 (2d Cir. 2004); Amnesty America v. Town of West Hartford, 288 F.3d 567 (2d Cir. 2002). On the other hand, in United States v. Lynch, 181 F.3d 330 (2d Cir. 1999), she joined a dissent from the denial of rehearing en banc in a case in which she supported the government’s right to prosecute abortion protesters for criminal contempt.

Finally, in Center for Reproductive Law & Policy v. Bush, 304 F.3d 183 (2d Cir. 2002), she wrote an opinion holding settled precedent precluded a challenge to the “Mexico City policy” prohibiting the use of federal foreign aid funds for abortion services.

On the whole, my impression of Judge Sotomayor’s opinions and rulings in this area is that they depend very much on the particular facts and questions before the court and aren’t driven in any respect by a broader pro-choice or pro-life ideology.

http://www.scotusblog.com/wp/judge-sotomayor-and-abortion/

[skooooo]

1. Which means she'll probably defer to the law....

....which has been in effect for 40 years now.

[usregimechange]

2. I would guess so

[Zynx]

3. That's what I got out of those rulings as well.

[Clio the Leo]

4. I think we're getting to the point where we realize that there's more to the law...

... and the Constitution than Roe v Wade.

[Honeycombe8]

5. That's good. I WANT a Justice who is focused on the law and the facts. nt

[solstice]

6. The fact that she voted to uphold the gag rule scares me to death.

So the fuck WHAT if it was "settled law" - it denied women medical information that could affect their health and very lives.

And in denying them that, I will forever think Sotomayor was not only one of Obama's usual lousy choices, but a very calculated one.

[BzaDem]

7. Would you be happy if conservative judges just ignored laws passed by Democrats?

[Teaser]

9. post #73, and already an EPIC FAIL

wow.

[Occam Bandage]

11. "So the fuck WHAT if it was 'settled law'"

Yeah, I think judges should just overturn any laws they think might have negative policy repercussions. Here I thought their function was to determine the legality of court decisions and the Constitutionality of laws, but no, I think your way is better.

:eyes:

[WinkyDink]

8. The term is "anti-choice", not the RW "pro-life".

[Occam Bandage]

10. So he's saying she respects the law and prior court decisions.

Good, because both are on our side on abortion issues.