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Thursday, December 3, 2009

Does it really matter what Sonia Sotomayor thinks about abortion?

The topic of abortion has come and gone in Sonia Sotomayor's confirmation hearings and I feel like I can exhale. 

It's not that the hot political issue was covered.   Senators on both sides of the aisle questioned the Supreme Court nominee and protesters screamed out from the stands, but Sotomayor refused to take a stance on whether she personally is pro-choice or not. Instead, in savvy and straightforward responses, she continually said she could not answer abstract questions about abortion.

When faced with a string of questions by Sen. Tom Coburn on abortion rights, viability, and Roe v. Wade, including a hypothetical question about late-term terminations, Sotomayor stood steadily neutral.

"I can't answer that question in the abstract. I would have to look at what the state's law was on that issue. Is the state regulation an undue burden?  I can't look at it as an abstract. I'm sure that situation might well arise before the court," she responded.

As a woman and a mother and a voter, I don't feel any need to dance around my own opinion about being pro-choice and wanting pro-choice politicians in office and judges in courtrooms. I want to ensure that my rights and the reproductive rights of women for generations to come are solidly backed by the law. However, I applaud Sotomayor for sticking to the federal and state laws rather than waving a pro-choice or anti-abortion sign in the air. This is, after all, her job -- not to stand on a soapbox to tell the world her personal opinions, but to sit behind the bench, hear cases, and interpret and abide by the law.

Despite all the questions, baiting, and need for viewers to hear her declare an abortion allegiance, she's kept it simple. She's been strategic. She's held strong. I like that.

A lot of people won't agree with me. In fact, an AP poll taken during two previous Supreme Court confirmation hearings showed that a slight majority of Americans believe nominees should have to state their views on abortion.

Why do you think this is?

If, as Sotomayor has revealed, President Obama never even asked what her stance is, and if her job is to adhere to "the rule of law", why do we so need to know how she personally feels about abortion?

Would your opinion of the Supreme Court nominee change if she openly declared herself pro-choice or anti-abortion?



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Comments 1-10 of 109
  • Dubs's Avatar
    Posted by Dubs Thu Jul 16, 2009 3:50pm PDT

    Aslong as they uphold the tenets of our Constitution...I could care less. The constitutional right to privacy is guaranteed by Due Process Clause of the 14th Amendment remains law of the land..this is what RvW falls under. Should secularism be imposed within the walls of one's church? I think not, just as well one's religious fundamentalism shouldn't be imposed on my rights or a woman's choice.

    "I can't answer that question in the abstract. I would have to look at what the state's law was on that issue. Is the state regulation an undue burden? I can't look at it as an abstract. I'm sure that situation might well arise before the court," she responded.

    Great response by Sotomayor.

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  • WilliamM's Avatar
    Posted by WilliamM Fri Jul 17, 2009 1:06am PDT

    I don't know...these confirmation hearings have become all but useless since Bork. The nominees are so circumspect and noncommittal that you learn nothing about them. It's just an opportunity for the Senators on the committee to trot out THEIR views and wishes, and to bloviate generally.

    I did note one point: Repeated observations by Republicans that the ruling party's nominees have a right to see a vote. Too bad that Democrats did not feel that way for the last 8 years, instead feeling the need to block and obstruct and threaten to filibuster nominees...

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  • B. J.'s Avatar
    Posted by B. J. Fri Jul 17, 2009 5:32am PDT

    I haven't been impressed with her. But, I do think that it is a fair answer to the question. So, often the focus on these hot button questions become similar to playground arguments - "Whose side are you on, Jimmy? Mine or his?"

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  • Katie B's Avatar
    Posted by Katie B Fri Jul 17, 2009 6:00am PDT

    Personally I don't care as long as she upholds the constitution... my opinion on abortion is not going to change the fact that it is what it is... and neither would hers... My biggest concern is not what her personal opinion (or judicial opinion for that matter) is on societal issues as what she believes the constitution to be (ie a living document or not) and how she will uphold the constitution... that is my only concern, everything else just is and there isn't much anyone can do to change it.

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  • Jackie's Avatar
    Posted by Jackie Fri Jul 17, 2009 6:05am PDT

    Would your opinion of the Supreme Court nominee change if she openly declared herself pro-choice or anti-abortion?

    No because her stances on other issues show that she thinks her opinions, not the law are what she allows to rule in her decisions. Of course it's not important how she feels in this situation, nor should it be for others who are interpreting law. For me the real issue is is she unbiaesd? When she states, "I can't answer that question in the abstract. I would have to look at what the state's law was on that issue. Is the state regulation an undue burden? The word's UNDUE BURDEN show she is not unbiased on this issue. Is it her decision to decide a law is an undue burden? Obviously she thinks so, therefore she is really saying, I will interpret the law according to my opinions. Unfortunately, she feels this is ok, not just on this issue but on many other issues which have been put before her in these hearings. She is a woman who makes decisions on her opinions. This is not someone who I would relish making decisions on any issue.

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  • springtime's Avatar
    Posted by springtime Fri Jul 17, 2009 6:41am PDT

    Chief Justice John Roberts answered that question almost the same way, slightly different verbiage. Look where he is today.

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  • dig it's Avatar
    Posted by dig it Fri Jul 17, 2009 6:43am PDT

    This is the first time that I have ever checked out the Shine website. I am so disappointed by this article. To the author of this...we don't care about your stance on abortion. I don't care that you are a mother, a woman, or a voter. If anything, if you have actually given birth to a child and felt it moving inside you, you should be able to figure out that is an actual life in there. Act like a real reporter and give us actual useful information.

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  • Rowdygirl's Avatar
    Posted by Rowdygirl Fri Jul 17, 2009 6:52am PDT

    The hearings are a huge waste of time and resources. She's being confirmed NO MATTER WHAT. He chose her and that's the end of it. The Democrats are in charge, so it doesn't matter what she says or doesn't say. I understand they're following polcy, but it's all for nothing.

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  • Clarissa's Avatar
    Posted by Clarissa Fri Jul 17, 2009 7:02am PDT

    I don't think it does matter what her personal views are. Even many Republicans have admitted that in her vast experience she has overall, displayed impartiality in her rulings.

    Springtime is exactly right. Roberts answered, or not answered, the questions in almost the same way. Alito and Ginsburg also cited that it would be inappropriate to comment on cases that may come before them while on the SCOTUS. This has basically been the way it's done since the Bork hearings.

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  • Clarissa's Avatar
    Posted by Clarissa Fri Jul 17, 2009 7:26am PDT

    Hi CML

    Where in that statement does he give his personal views on abortion?

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Comments 1-10 of 109

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