The Judicial Confirmation Network pushed back today after White House press secretary Robert Gibbs and Sen. Charles Schumer, D-NY, downplayed Supreme Court nominee Sonia Sotomayor's comments in 2005 at Duke University about courts of appeal judges making policy from the bench. Gibbs said critics were taking Sotomayor's words "out of context."
At Duke, Sotomayor said: "...Court of Appeals is where policy is made. And I know ... I know this is on tape and I should never say that, because we don't make law, I know.... I'm not promoting it, and I'm not advocating it.... Having said that, the Court of Appeals is where, before the Supreme Court makes the final decision, the law is percolating."
See the videos of Sotomayor and Gibbs here.
Wendy Long, the network's legal counsel responded:
"An important controversy and debate continues to brew over Judge Sotomayor's comments at Duke University in which she said that appellate courts "make policy," and in her published words tucked away in law review articles. The White House continues to say that her words caught on tape were taken out of context. It appears that whenever the press or other critics point out troubling or radical statements made by Judge Sotomayor that clearly reveal her approach to judging, the White House spin machine is dizzying itself trying to figure out how best to communicate what it is that Judge Sotomayor really meant when she uttered the appellate "courts make policy" comment or her published writings saying a "Latina woman would more often than not reach a better conclusion than a white male who has not lived that life."
"President Obama promised the American people a transparent presidency. Indeed, this White House's communications machine has been vigilant in posting the President's policy agenda online and keeping folks up to speed saying they want to create dialogue and discussion. In that spirit, we are calling on White House Press Secretary Gibbs to post the Duke University video on The White House web site and let the American people judge her comments... If Mr. Gibbs does not have time to post this video, he is welcome to link to it and other Sotomayor comments at www.aboutsoniasotomayor.com"
-- Robert Gettlin
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