Monday, August 10, 2009

An Open Letter to Justice Sotomayor

First, congratulations on your nomination and appointment to the United States Supreme Court. You are obviously well aware that you are an important symbol to millions of young women from every racial and ethnic background. Like many others, I think it reaches beyond that. Your ascension to the highest court in the land did not require a promise from you that you would erase your life history or to make any pledge that was not required of your new colleagues.

Many people will wonder whether your judicial style will resemble Justice Ruth Bader Ginsburg's or whether your tenure on the Court will be marked by the kind of pragmatism of retired Justice Sandra Day O'Connor. Will advocates spend much of their time attempting to argue directly to you as they did to Justice O'Connor and now Justice Anthony Kennedy, assuming that you might be a swing vote on some important issues? I make no assumptions. Based on past Court decisions, there will be occasions where there is unanimity among you and your colleagues. There may be occasions when you lean toward the conservative wing and times when you will agree with and write for a majority of the justices who are viewed as progressive or "liberal".

You come to the Court at a critical time in the nation's history. Issues related to reproductive rights, limits on executive power and the rights of lesbians and gays to enter into civil marriages that are valid in any state no matter where those unions are formed, will all be in front of you. Few "easy" cases will get to you. I applaud your willingness to tackle the difficult ones.

I watched some of the confirmation hearings and read or listened to some of the punditry that accompanied your nomination. Much of it was insulting or ignored your long service as a federal judge. I have already written a post about the importance of a diverse Supreme Court that reflects our society as it really is. The legitimacy of the Court, in my view, depends on it.

As you sit in your chambers, hire law clerks, get to know your colleagues better and settle into your new role, I wish you the best of luck and that you will continue to do what the greatest lawyers do - listen and learn. Please do not forget your roots; most of your colleagues have not done so. I, for one, believe that you will be a star.

Thank you again for your willingess to serve the country in this way.

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