A fundamental problem with the Sotomayor confirmation hearings

I've been reading a lot about Supreme Court nominee Sonia Sotomayor's answers to questions during her confirmation hearing and one point keeps striking me as a fundamental problem.

She seems to be basing her answers on what the Supreme Court has previously ruled - not on the Constitution. The Constitution is the supreme law of the land - not nine individuals in black robes.

In doing this, she fails to reveal her judicial philosophy and her interpretation of the Constitution - which is critical to know when deciding whether or not to appoint or confirm a person to such a position.

My speculation is that this is a planned approach designed to conceal exactly what her judicial philosophy is, or to provide a non-controversial response to difficult questions that might, if answered differently, imperil her confirmation.

It’s a shame that none of the Senators asking her questions have noted this fact and asked her to state her own position - and not just recite what the court has previously done.

After all, that’s what she’ll have to do if she gets confirmed.

Supreme Court nominees

As President Barack Obama considers whom to appoint to the U.S. Supreme Court, I just wanted to remind you about Judgepedia.org which has a host of great information about the courts, the process and even potential nominees like Sonia Sotomayor.

You can check it often for background information about other judges who may be mentioned as replacements for Associate Justice David Souter.