{"id":177,"date":"2009-05-29T11:30:43","date_gmt":"2009-05-29T11:30:43","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2009\/05\/sotomayors-judicial-philosophy.html"},"modified":"2009-05-29T11:30:43","modified_gmt":"2009-05-29T11:30:43","slug":"sotomayors-judicial-philosophy","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2009\/05\/sotomayors-judicial-philosophy.html","title":{"rendered":"Sotomayor’s Judicial Philosophy is Key"},"content":{"rendered":"

Barry, the idea that Judge Sotomayor should be welcomed by conservatives because she has cited binding precedent from cases that I argued before the Supreme Court is absurd. The fact that a judge votes in my favor some of the time or relies on one of the cases I won before the Supreme Court does not mean that he or she does not hold a strict position on church-state separation or an expansive view of abortion or privacy rights.<\/font><\/p>\n

 <\/p>\n

All of the currently sitting Justices–including those who hold a strict view of church-state separation and a broad view of abortion rights–have voted in favor of my position on multiple occasions in the cases I’ve argued or been counsel of record before the Court. For example, Justices Stevens, Souter, Ginsburg, and Breyer and former Justice O’Connor all voted in favor of my position between 50% and 56% of the time. I’ve had several unanimous or 8-1 decisions in cases involving religious speech or pro-life expression in which these Justices agreed with my position, but there have also been cases where they rejected free speech or free exercise claims or held that some government action violated the Establishment Clause.<\/font><\/p>\n

<\/p>\n

The important thing is not how a nominee would vote in a particular case but rather their overall approach to the rule of law and the role of a judge. Judge Sotomayor’s statements regarding the policy-making role of a judge, the appropriateness of taking one’s background into account in deciding cases, and the benefits of uncertainty in the law are troubling and signal the potential for an activist reading of the Establishment Clause and abortion and privacy rights. I’m sure we can agree that the American public deserves to know what Judge Sotomayor’s views are on the original meaning of the Constitution’s text, including the Establishment Clause, and the role of a judge in applying the Constitution to new circumstances.<\/font><\/p>\n

 <\/p>\n

Regarding Liberty University, it’s a private school and can decide what student activities to allow or endorse on campus. Liberty has allowed the Democrats club to meet on campus for decades as an unofficial student organization. Liberty simply declined to allow the club to use the university’s name or receive student activities funding because the club’s activities directly conflict with the university’s support for traditional marriage and the sanctity of life.<\/font><\/p>\n

 <\/p>\n

The First Amendment does not apply to private actors such as Liberty University (except in rare instances where the private actor is deemed to be a “state actor”). Private universities have broad discretion to decide what is permitted or endorsed on their campuses without running afoul of the tax code or other federal law. The government should not be telling religious colleges what they must allow on their campuses where, as here, there is no discrimination against students on the basis of race or other impermissible factors.<\/font><\/p>\n

 <\/p>\n

By the way, at Regent University, where I teach and you have lectured, we have a Democrats club for students which receives the same benefits as all other student groups. This is the University’s choice as a private college.<\/font><\/p>\n

 <\/p>\n

To subscribe to “Lynn v. Sekulow” click <\/font>here<\/font><\/a>.<\/font><\/span><\/span><\/font><\/font><\/font><\/p>\n

 <\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, the idea that Judge Sotomayor should be welcomed by conservatives because she has cited binding precedent from cases that I argued before the Supreme Court is absurd. The fact that a judge votes in my favor some of the time or relies on one of the cases I won before the Supreme Court does…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[69],"tags":[],"class_list":["post-177","post","type-post","status-publish","format-standard","hentry","category-supreme-court"],"yoast_head":"\nSotomayor's Judicial Philosophy is Key - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. 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