Press Releases
July 17, 2009
Bennett Opposes Nomination of Judge Sotomayor to the Supreme Court
Says he remains troubled about her views on Second Amendment, high rate of overturned cases and her belief that foreign law should be considered when interpreting American law
WASHINGTON, D.C. - After thoroughly reviewing her testimony at the Senate Judiciary Committee hearings this week, Senator Bob Bennett (R-Utah) issued the following statement today announcing his intent to vote against the nomination of Judge Sonia Sotomayor to serve on the United States Supreme Court:
"It is the constitutional duty of a senator to examine whether a nominee will uphold and defend the principles contained in the Constitution, respect the rule of law, render well-reasoned and precedent-respecting decisions, and refrain from judicial activism. Although Judge Sotomayor has strong credentials, extensive experience and an impressive background, I have come to the conclusion that her record while serving on the Second Circuit argues against promoting her to the highest court in the land.
"I cannot reconcile my strong belief that the Constitution guarantees the right to bear arms with Judge Sotomayor's stated belief that the Second Amendment is not a 'fundamental right.' Additionally, I am concerned about statements she has made indicating a tendency toward judicial activism. While she is continually defending her comments as misunderstood, the fact remains that she has made statements that clearly imply she believes judges are tasked with policymaking.
"The rate at which Judge Sotomayor's cases have been overturned by the Supreme Court is cause for great concern. Eighty percent of the cases she's participated in that have been heard or considered by the Supreme Court have been reversed or vacated, which further indicates to me a tendency to legislate from the bench.
"Finally, Judge Sotomayor has stated that she believes American judges should consider foreign law when interpreting the Constitution. The Constitution is an inspired document and I strongly believe the Supreme Court should strictly interpret American law based on the Constitution rather than the laws of other countries.
"This has been a close call for me because I support the president's constitutional prerogative to nominate justices and I am reluctant to substitute my judgment for his. However, in the end, I have decided that I must vote no."
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