On Sotomayor

LifeNews (a pro-life news source) says that, of all the people Obama could have picked, Sotomayor is the only one that offers some hope for pro-lifers:

The only potential Supreme Court justice who may provide hope for pro-life advocates is Sonia Sotomayor, a member of the U.S. Court of Appeals for the Second Circuit, has been the subject of considerable speculation because Obama is receiving pressure to appoint both a woman and Hispanic and she qualifies on both counts.

"Despite 17 years on the bench, Judge Sotomayor has never directly decided whether a law regulating abortion was constitutional," AUL explains.

Sotomayor participated in a decision concerning the Mexico City Policy, which President Obama recently overturned and which prohibits sending taxpayer dollars to groups that promote and perform abortions in other nations.

Writing for the Second Circuit, Judge Sotomayor upheld the Mexico City Policy, but AUL says the significance of the decision "may be minimal because the issue was largely controlled by the Second Circuit’s earlier opinion in a similar challenge to the policy."

AUL notes that Judge Sotomayor also upheld the pro-life policy by rejecting claims from a pro-abortion legal group that it violated the Equal Protection Clause.

"Rejecting this new argument, Justice Sotomayor wrote that because the challenge involved neither a suspect class nor a fundamental right," AUL notes. "She then acknowledged the ability of the government to adopt anti-abortion policies, noting, 'there can be no question that the classification survives rational basis review. The Supreme Court has made clear that the government is free to favor the anti-abortion position over the pro-choice position, and can do so with public funds.'"

But the picture is not entirely clear:

At the same time, Judge Sotomayor wrote an opinion overturning, in part, a district court’s grant of summary judgment against a group of pro-life protestors.

Though not concerning abortion policy directly, the case is viewed as a stand against free speech for pro-life advocates.

Whole thing.