Saturday, July 4, 2009

Sotomayor is dangerous...

…for precisely the same reason Obama likes her.

As Gary Saalman so eloquently explains, most people believe “that law is a set of rules and principles by which society maintains order and preserves freedom.” Saalman goes on: “Nearly everyone, furthermore, would agree that legal rules and principles should be neutral, that is, they should apply to everyone equally, regardless of race, creed, or gender.” (The Death of Truth, p. 164)

But ivy league law schools have become advocates for Critical Legal Theory, the idea that our laws are based on the thinking of white males and therefore were created to maintain power over women and minorities.

Here is a fascinating account of the paper chase years of Hillary Clinton and Barack Obama, written long before Obama entered the White House. (And it has some great photos of the kids.)

You will note that Obama is clearly a proponent of Critical Legal Theory rather than the Rule of Law, despite his comments on the campaign trail that "I was a constitutional law professor, which means unlike the current president I actually respect the Constitution."

In context or out, over the years Sonia Sotomayor has proven that she believes the Constitution is flawed, that it is a tool to be manipulated in order to shift power to one group or another.

In her world, there are no absolutes, no firm foundation of truths within the law. This notion goes beyond affirmative action cases. It permeates the functions of the police in investigating crimes. It is present in cases involving the rights of illegal aliens. It can be found in research labs, hospitals, and clinics where the sanctity of life is in question. It reeks in the prosecution of war criminals and terrorists.

Always under the surface is her agenda of using precedence to shift power away from white males, regardless of what that does to the Rule of Law.

This movement gains strength and legitimacy with each court appointment. Sotomayor would be a big win for the Critical Legal Theorists.


  1. I strongly disagree.

    Judge Sotomayor will be a great Supreme Court Justice. She will be fair to all Americans.


  2. Nice comment, but based on what? Can you address the question of Critical Legal Studies?