Barry, today’s nomination of Judge Sonia Sotomayor  to replace Justice David Souter on the Supreme Court of the United States will generate serious debate about the issue of judicial activism on the nation’s highest court.

As we learn about Judge Sotomayor’s background and judicial philosophy in the days and weeks ahead, it is important to determine how she views the Constitution and the rule of law. For example, will she embrace her past statement that the “court of appeals is where policy is made?” This nomination raises the issue of legislating from the bench and the appropriate role of a Supreme Court Justice.  We will learn more about her judicial temperament and philosophy in the days ahead.

I’m hopeful that the members of the Senate will ask tough questions about her judicial philosophy and temperament when the confirmation hearings get underway this summer.  The American people deserve to fully understand what kind of Justice Sonia Sotomayor would be on the nation’s highest court for decades to come.

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